Canadians with ties to Middle Eastern countries may want to reconsider travel to U.S.: immigration lawyer

Canadian and American flags fly at the Rainbow Bridge where the border crossing between the U.S. and Canada near Niagara Falls, Ont., Canada on, Nov. 22, 2023. THE CANADIAN PRESS/Carlos Osorio

A Toronto-based immigration lawyer is advising some clients who have ties to countries in the Middle East or have been critical of the U.S. administration on social media to refrain from travelling to the United States for the time being amid concerns that they could face increased scrutiny at the border.

Ravi Jain, an immigration lawyer and founder of Jain Immigration Law in Toronto, told CTV News on Tuesday that he has heard reports about U.S. border security officers examining people’s phones, laptops, or tablet at points of entry to see if they have authored any social media posts that are disparaging about the U.S. government.

Jain advises his clients to either take a phone that can be wiped when crossing the border or to carry a burner phone. That precaution, he said, is because authorities at the border do not need a warrant to search your personal devices.

“It’s precarious, right? Things have changed. They’re more aggressively looking at people, social media accounts, their phones, their laptops, or tablets. They’re looking to see if there’s anything disparaging with respect to the United States or Donald Trump,” he said.

Jain said that people who were born in Syria, Afghanistan, or Iran and have since become Canadian citizens could also face trouble at the border.

For that reason, he said that he is encouraging clients with ties to those countries “to really think about whether or not you could face an issue even if you’re a Canadian citizen.”

Recently, he said that he advised an Indian national client of his who was looking to do a master’s degree in New York, England, or Toronto to avoid the U.S. entirely due to some of their social media posts.

In January, U.S. President Donald Trump signed an executive order that called for the removal of foreign students that participate in what he referred to as “illegal” protests.

“When I found out she had social media that was critical of the administration, I advised her that she should not go to the United States,” Jain said.

There have been a number of high-profile stories regarding people who have had negative experiences at the border in recent weeks, including one Canadian woman who spent 12 days in detention centres after applying for a visa at the U.S.-Mexico border on March 3.

Jain thinks considering the events transpiring at the border, the Canadian government should issue a travel advisory for the U.S.

This, he said, comes after some clients from Middle Eastern countries have reported increased questioning at the border.

“I think that the government should update its travel advisory, especially for the unsuspecting Canadians who, you know, feel Canadian, they’ve got spouses and kids who are Canadian citizens. Maybe they were even born here, all of them, except for the person that was maybe born in the Middle East. That person maybe may just have no idea that they are going to be facing extra questioning and potentially a refusal of admission,” he said.

“So I think before they make those plans to go to Disney World or whatever, I think they’ve got to think about that.”

‘Going to have to wait and see’

Buffalo-based immigration lawyer and managing partner at immigration firm Richards and Jurusik, Christine Jurusik, is a dual citizen, and is licensed to practice in both Ontario and New York state.

She says there are legitimate concerns for individuals who have connections to countries that the U.S. considers to be terrorist-adjacent at the moment.

“I have clients that have those connections, and we’re going to have to wait and see how their applications are treated, and how we’re going to address that,” Jurusik told CTV News on Tuesday. “But that is a legitimate concern that I would say, if you have those connections, perhaps you don’t want to disclose those at the border.”

Jurusik says she has seen a trend where Canadians may be subjected to additional questioning at the border but she stressed that they are mostly receiving similar treatment as they have before, provided all their paperwork is in order.

“From our perspective, those cases were always happening, those people that are experiencing that kind of treatment at the border were always going to get treated that way,” she explained.

Earlier in March, news that U.S. Immigration and Customs Enforcement (ICE) had detained a Canadian citizen in multiple detention facilities for 11 days after she failed to secure a TN visa at the San Diego-Tijuana border alarmed many Canadian travelers.

But Jurusik states the conclusion to the case was not out of the ordinary, after looking at it closely.

“Every immigration lawyer that’s familiar with the TN visa could tell that this young woman had not followed legal advice, and that the result that she experienced was something that some people in her position would normally experience,” she said. “Whether or not there were tensions between the two countries.”

No significant changes to immigration practices

There have been no significant changes in immigration practices or border crossing issues being reported otherwise, Jurusik told CTV News.

Her Canadian employees and family members have faced no such issues crossing into the U.S., she said.

She added that if Canadian travelers are following the customs and immigration laws, it’s unlikely that they would face any issues.

Jurusik also explains that most Canadians visiting the U.S. for more than 30 days are exempt from a new registration requirement that will be enforced as of April 11, if they have an I-94 document.

“You are issued an I-94 at the border and it’s an electronic document that the U.S. border officers’ issue when you enter the United States,” she explains.

“If you are issued one of those, you do not need to register.”

Canadians are only subject to registration requirements in cases where the I-94 is not issued, she said. Canadians can register directly for the I-94 online before they travel to the U.S., and it costs only $6.

“You just log in with your passport information, and your I-94 will be provided electronically,” she said.

Although overstaying a visit, failing to declare goods, having improper documents, lying to the border officer, having a criminal record, or coming to work without proper authorization could land you in hot water, Jurusik stated.

‘Business as usual’

Rosanna Berardi is an immigration lawyer and the managing partner of Berardi Immigration Law, which has offices in Buffalo, London, Toronto, and California. She told CTV News on Tuesday that travel to the U.S. is “business as usual.”

“It’s taking them a little bit longer, and the government’s asking more questions, but we’re getting work permits approved,” Berardi, who also used to be an immigration inspector, said. “Green Card holders are coming in and out. It’s business as usual.”

In the 30 years that she has worked in this industry, Berardi says the U.S. government has always had the ability to search anything they wanted, like your phone, backpack, or car.

None of that is new, she said.

“I do know that they are asking more questions and that it’s taking longer,” Berardi said.

According to Berardi, there have always been instances of Canadians being refused admission into the U.S. across all ports of entry.

“As long as you can meet that (the ICE requirements) and you can show I have a round-trip ticket, I’m employed in my home country, I have to go back to work in two weeks from today. I own a home. I’m truly coming here to visit, to go to the beach for a week. Here’s where I’m staying, it’s straightforward,” she said.

The only uptick they are seeing is in green card holders wanting to become U.S. citizens so that entry into the U.S. is hassle-free, Berardi said.