An order signed by U.S. President Donald Trump that seeks to protect the States from an “invasion” is sowing confusion among Canadian snowbirds.
Under new U.S. rules, Canadians and other foreign nationals who visit the States for more than 30 days could face fines and a misdemeanor prosecution if they don’t register with the American government. The rules also would require Canadians staying more than 30 days to be fingerprinted.
It’s a move that potentially impacts millions of Canadians who head to the U.S. every year to seek refuge from winter, or for personal or professional reasons.
Montreal-based immigration lawyer Patrice Brunet told the CBC the changes would mark "a very drastic policy shift," where Canadians will be considered, for the foreseeable future, "regular citizens coming from any other country" rather than friends of the U.S.
Rudy Buttignol, president of the Canadian Association of Retired Persons (CARP) — an advocacy organization that represents about 250,000 members across Canada — said snowbirds who routinely visit the U.S. for six months out of the year are "really shocked to be treated like aliens," after establishing themselves in communities south of the border.
“Recently, Snowbird Advisor has been made aware of a new U.S. executive order that may require Canadians travelling to the United States for 30 days or more to register with the U.S. government upon entry to the United States, SnowbirdAdvisor.ca said in a statement sent to Open Jaw.
“Unfortunately, widespread rumours and misinformation about this requirement have been circulating online and by word of mouth, despite the fact that some key details are still unknown.”
The new requirements are published on the U.S. Citizenship and Immigration Services (USCIS) website and come from Trump’s “Protecting the American People Against Invasion” executive order, which was signed on 20JAN, 2025.
“According to USCIS: ‘Anyone who has been issued one of the documents designated as evidence of registration under (U.S. federal regulation) 8 CFR 264.1(b) has registered,’” Snowbird Advisor said. “Aliens who have already registered include: ‘aliens admitted to the United States as nonimmigrants who were issued Form I-94 in paper or electronic form.”
The Snowbirds group said most – but not all - Canadians who enter the United States by air, are automatically issued an electronic I-94 form when they arrive in the country.
“However, Canadians who enter the United States through a land border are generally NOT issued an I-94 when they arrive in the U.S.”
Under the new requirement, all Canadians who are not issued an I-94 when they arrive in the U.S. and plan to stay in the U.S. for 30 days or more would be required to register online with USCIS.
Snowbird Advisor said it’s important to note that Canadian citizens are not provided with any evidence that an I-94 has been issued when they enter the United States, as this occurs behind the scenes.
“USCIS is advising Canadians travelling to the U.S. for more than 30 days who have not been issued an I-94 upon entry to register online with USCIS as soon as possible after entering the U.S. However, the USCIS online registration portal is not yet active and there has been no indication from USCIS when the portal will be active or what information will be required to register.
“We will advise Snowbird Advisor members if and when the portal becomes active along with further details about registering.”
The Globe and Mail said this is believed to be the first time in history that the United States has included Canadians in a crackdown on undocumented migrants. It also quotes immigration lawyers in the U.S. as saying the order targets the wrong people and will further hurt the disintegrating Canada-U.S. relationship.
“Our immigration house is on fire, and we’re worried about the curtains,” said Rosanna Berardi, an immigration lawyer in Buffalo. “This is just stupid. This is picking on people that are coming as snowbirds. They own property here. They pay taxes. They are higher-level income earners. They spend a lot of money in the U.S. They are not part of the immigration problem.”
The U.S. government issued a statement on 09MAR that said the Department of Homeland Security “will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process.
“The INA (Immigration and Nationality Act) requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting,” the 09MAR U.S. statement reads.
“Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times.
“It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.
“Most aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way in which to register and meet their obligation under INA 262. In order that unregistered aliens may comply with their duty under INA 262, USCIS is establishing a new form and process by which they may register. No alien will have an excuse for failure to comply with this law.”
Snowbird Advisor said it’s not clear if the policy applies to Canadians with a NEXUS pass.
