BUFFALO, N.Y. — Starting Friday, Canadians who are at least 14 years old, cross the border by land or car and are staying in the U.S. for 30 days or more must register with the United States Immigration and Citizenship Services.
"I don't think it's terribly burdensome. I tried it myself. It's free," said Rosanna Berardi, Berardi Immigration Law managing partner.
The attorney said the rules are retroactive but registering and filling out the form only takes about 10 minutes. Canadians must then carry proof of registration.
"If you look online, there's an estimated up to a million snowbirds in the United States each year. Many people own property,” Berardi said. “They go to the same place every year. So this is a new requirement but overall, pretty easy to comply with.”
However, a group of Democratic members of Congress from states that rely on Canadian travel and tourism are concerned, on top of tariffs and other federal policies, it will further discourage cross-border travel. Led by Buffalo Congressman Tim Kennedy, they wrote a letter to the heads of Immigration Services and Homeland Security asking for clarification on the rules.
"Because our economy is so tightly intertwined with Canada's people in my district and across the country are being hit right in their pocketbook," Kennedy said.
Berardi said she already knows the answers to many of the Congressional questions. She believes the law is clear, these Canadian travelers will not require fingerprinting like other foreign nationals.
She said if travelers are already enrolled in pre-clearance programs, it should satisfy the new rule and registration should not hold up traffic at the border.
"Customs and Border Protection, at least locally in Buffalo, has indicated to us, as an immigration practitioner community, that individuals are responsible for this once they arrive here,” Berardi said. “They go online. They fill it out. If they show up at the border and say want to register, they're not doing that because it would back up traffic forever.”
The attorney believes the new rules will mostly affect snowbirds seeking warmer weather, as people who own property in Western New York tend to go back and forth.
"It has to be 30 consecutive days. So if they're coming in and out every weekend, business as usual, but I think this will impact states like Florida and Arizona more so than Western New York," she said.
The penalties are up to a $5,000 fine and six months in prison, which is why the members of Congress and Berardi said education, awareness and outreach are important.