Crossing the Line – What You Need to Know About the Border Now

For many of us in New Brunswick, hopping across the border is a way of life.

Over a lifetime, we have memories of quick trips over to Calais for groceries or gas, a weekend shopping trip in Bangor or a Bruins game in Boston.

The occasional delays notwithstanding, there was not much to crossing the international border into the U.S. As a kid, I remember our parents often taking us across without even ID in hand. Only after 9-11 did a passport really become a requirement.

But suddenly it doesn’t seem quite so easy anymore.

The legal landscape for Canadians entering the U.S. has shifted in tone and tactics – especially under the current Trump administration. Border agents have new marching orders, and they’re carrying them out with sharper elbows. According to reporting from the Wall Street Journal, U.S. border officers are now more frequently detaining travellers, sometimes over minor paperwork concerns, and applying what the administration calls “extreme vetting.”

Shackled and Held

The most high-profile recent example is the case of Jasmine Mooney – a Canadian actress with a valid visa who was detained by ICE for nearly two weeks, moved through multiple detention centres, shackled and held with no clear explanation, and eventually banned from re-entering the U.S. for five years. Her story made international headlines. But the disturbing part? She had a Canadian passport, legal counsel and media coverage. Imagine the experience of those without any of those supports.

Crossing into the United States has always involved discretion – the kind of discretion that gives a border officer near total authority in the moment. What many Canadians don’t realize is that when you’re answering those basic questions – “Where are you headed?” or “Are you bringing in any fruits or vegetables?” – you are, in fact, being processed for a visa. There’s no stamp, no formal declaration, but at law, that’s what’s happening. A U.S. Customs and Border Protection officer is making a discretionary decision to let you in. Or not.

This isn’t just about horror stories. It’s about understanding that every time we cross, we’re participating in an international legal process. You may feel like a tourist, but you’re being treated like an applicant under immigration law. And in the current climate, scrutiny has intensified – particularly for business travellers.

Greater Suspicion

For example, the TN visa – a longstanding legal pathway for Canadians working in the U.S. under the former NAFTA (now USMCA) framework – is now under greater suspicion. Officers may question credentials more aggressively or claim that an application should have gone through a consulate rather than a port of entry. That was the crux of Mooney’s case, and it’s not an isolated scenario.

So, what’s the takeaway for Canadians planning a visit?

First, prepare like never before. Have your itinerary printed out. Bring physical copies of hotel confirmations, event tickets, and if you're travelling for business, be absolutely clear about what you’re doing. If you’re attending a conference – not working – say so clearly, and back it up with documents. If you’re applying for a TN visa, contact the port of entry in advance. You don’t want to rely on a two-month trainee with the midnight shift and a mission to “protect the border.”

Second, recognize the risk. Most crossings still go smoothly. But the discretion officers have means that something as small as a misunderstood answer, an unexpected document, or even just being in the wrong place at the wrong time can cause serious problems.

Taking Stock

And third, take stock of how you feel about all this. Many Canadians already are. February data shows that travel to the U.S. from Canada have dropped significantly – double-digit declines in land crossings and airport arrivals. Calls for vacation boycotts are growing louder, with many Canadians opting for trips to Europe, Mexico or right here at home.

The relationship between Canada and the U.S. remains close – but our treatment at the border should give us pause. We may not be the targets of U.S. immigration policy, but we’re not immune to its effects. And it’s a reminder that every border crossing, no matter how routine it feels, is still a legal and discretionary act.

So next time you roll up to that familiar port of entry, you’ll need to think about more than the deals at Marden’s or catching that Bruins game. Think about what it really means to cross the line.

Mel Norton is a partner at Lawson Creamer. He can be reached at mnorton@lawsoncreamer.com.