Canadians who plan to travel to the U.S. soon may be concerned about crossing the border amid heightened political tensions.
While the trade war has dampened many Canucks’ interest in travelling down south, there are still cases where people have to go there for work, school, or pre-booked events like weddings or a Disneyland trip.
The government of Canada updated its U.S. travel advisory on March 21, stating that foreign nationals (including Canadians) staying in the U.S. for periods longer than 30 days must be registered with the American government. President Donald Trump’s government announced this new rule would take effect on April 11.
On top of tightening border rules, the harrowing viral story of a B.C. entrepreneur who was detained by Immigration and Customs Enforcement (ICE) in the U.S. may be giving some Canadians travel anxiety.
We spoke with Calgary-based immigration lawyer Evelyn Ackah about what people should know before they cross the U.S. border.
How to prepare to travel to the U.S.
“Canadians have always been treated pretty loosely, but now you need to be really prepared,” Ackah said over the phone.
She advises travellers to try to have a passport that’s valid for more than six months. The Canadian government says your passport must be valid for the duration of your stay in the U.S.
Ackah also recommends travellers be prepared to say how long their stay will be and where their accommodations are.
“You should have evidence of your return because you want them to understand you have non-immigrant intentions; you’re just going for a short-term visit,” she explained. An example of this is your plane ticket back home.
The lawyer stresses that it’s important to be respectful and honest when dealing with U.S. border patrol. She even advises people to dress to impress.
“It sounds crazy, but how you present makes a big difference in how they view you when you’re crossing over, even for tourism,” she said.
Can U.S. border agents check your devices?
According to U.S. Customs and Border Protection (CBP), agents do have the authority to search a traveller’s computer, phone, camera or other electronic devices. The searches have been used to catch terrorist activity, child pornography, drug smuggling, human smuggling and other violations.
This practice isn’t new. During Trump’s first term, Canadians were warned that border officers had the right to demand passwords to search devices without a specific reason.
In 2017, the number of Canadian phone inspections by U.S. border officials rose by 60 per cent, according to the Canadian Citizenship & Immigration Resource Center (CCIRC). A total of 30,000 phone checks occurred during that time.
CBP’s data from 2024 suggests that less than 0.01 per cent of arriving international travellers had their electronics searched.
“We’re entering their jurisdiction so they can do pretty much what they want, and that’s the thing that’s a little scary,” said Ackah.
She advises Canadians vacationing in the U.S. to leave as many of their electronic devices behind as possible, suggesting travellers use a temporary or pre-paid phone if they don’t want border agents to search through their personal data.
“If there are any concerns about their activities on social media — if they’re an activist or they’re anti-Trump — you don’t want things showing up that could lead to more challenges,” explained Ackah.
U.S. border agents even have the authority to look at your data saved in the cloud.
“Make sure there’s nothing on your person and your technology that could be viewed in a negative light by U.S. immigration,” she added.
Are you at risk of being questioned or detained?
Ackah says one thing to consider before deciding to travel down south is if you’ve had problems crossing the border before, whether that’s being questioned in a secondary inspection or being detained.
The immigration lawyer says people who’ve experienced previous challenges crossing the border are more likely to be flagged because there will be notes about them in the system.
Another factor that could put Canadians at more risk of being questioned is their criminal record.
“People don’t always realize that U.S. border officials and Canadian RCMP share information,” explained Ackah. “So, if you know that 10 years ago you had a DUI and you don’t have a visa waiver to be able to travel given your history, then you shouldn’t bother.”
Average Canadians with no criminal record who haven’t had trouble crossing the border in the past should not face any challenges, assured Ackah, especially if they’re only there for a short visit.
What if you undergo secondary questioning?
Ackah says the first thing to do is to understand what immigration is looking for. If you think you know what they’re questioning you for, she says it’s important to tell the truth and give them all the details.
The lawyer says Canadians also have the option to withdraw and cancel their visit to the U.S. altogether.
“It’s better to have a withdrawal of an entry visa than a refusal because the refusal will be on your record,” she explained.
If you go into secondary questioning, you will be under U.S. jurisdiction, so Ackah recommends being calm and respectful and answering their questions to the best of your ability. If you feel the situation escalating, you can ask to call a family member or lawyer.
If you feel you might be detained like the woman from B.C., the lawyer says you can ask for a phone call.
“You need to try to be proactive before you actually are sent somewhere outside of the pre-clearance area because, after that, it’s very difficult to have the ability to call anybody,” she explained.
Ackah stresses that these are the worst-case scenarios and that Canadians are still travelling to the U.S. for short stays with no trouble.
What if you stay in the U.S. for more than 30 days?
Ackah says what’s more concerning is the incoming rule that makes foreign nationals who stay for more than 30 days register with the Trump government.
“If we don’t do that as Canadians, there’s a risk of a $5,000 fine or even deportation,” she explained. “So, this really affects the snowbirds and the people that are spending a lot of time in the States.”
She says her law firm has been hearing from concerned snowbirds and Canadians who plan to get married in the U.S.
“We’re still trying to figure out what the next steps are… there are a lot of unknowns in the short-term,” said Ackah.
While her law firm is waiting on more information from the American government, she has been advising people not to travel to the U.S. until they get clarity on what they must do to comply.
What should Canadians do if they’re denied entry?
Ackah says if you’re refused entry into the U.S. for whatever reason, you should receive paperwork from the border agents explaining why, and if you don’t, you should ask for it. After that, you’ll need to get a lawyer to help you figure out what happened.
“It could be a mistake. Sometimes there are some notes in the system that might even be the wrong person,” she explained. “I’ve seen that happen, where they might have the same name and everything, but the date of birth is wrong, and it’s somehow misfiled.”
She says lawyers can clear that record, but it could take months.
Other times, Canadians could have a criminal record that the CBP never saw, but that’s only popping up now. You could also be denied if you lie about the purpose of your visit to the U.S.
“That’s when you need to get a lawyer that knows what they’re doing because you need to get a visa waiver, which is an approval before you go in the future,” said Ackah.
She says there are ways to fix the problem, but it won’t happen on the spot, so it’s not worth arguing or fighting with the border agents when you’re in this position.
After you find legal counsel, she says it could take up to a year before people can re-enter the U.S. because visa waiver processing times are so long.
All in all, Ackah highly recommends that Canadians keep up with the news because rules have been changing rapidly.
“I don’t want people going down not fully aware of their obligations and what they have to do,” she said.
“Canadians need to know it’s a privilege to get into another country — it’s not a right. If they are changing the rules, we must comply with them if you’re going, or just don’t go.”
To stay up-to-date with rules and regulations when travelling to the U.S., check out the Canadian government’s advisory page.
