Trump Sued Over US Travel Rule: Relief for Canadian Snowbirds?

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Canadian snowbirds might catch a break. A lawsuit filed this week could pause a controversial U.S. traveller registration rule set to begin on April 11.

Canadian Snowbirds
Canadian snowbirds David and Dianne Fine say they’re heading home from Texas earlier than planned to make it back to Canada before a new U.S. travel registration rule takes effect on April 11. (Photo via David Fine)

Filed by the American Immigration Council and partner advocacy groups, the suit argues that the Trump administration bypassed legal procedures in implementing the rule. They’re seeking a preliminary injunction from the District Court for the District of Columbia to halt it before it takes effect.

“This rule was issued in an improper and illegal way,” said Michelle Lapointe, legal director at the American Immigration Council. “It’s arbitrary, confusing, and doesn’t make sense.”

What the New Rule Requires

The executive order, “Protecting the American People Against Invasion,” mandates that foreign nationals — including many Canadians — staying 30 days or more in the U.S. must register online.

Travellers must provide detailed personal information such as:

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  • U.S. address
  • Email
  • Marital status
  • Gender

Non-Canadians must also submit fingerprints.

Canadians: Confused and Frustrated

While Canadians entering by air are typically exempt due to receiving an electronic arrival/departure record, land travellers usually are not. To confirm their status, travellers must check online upon arrival.

Those required to register must carry proof at all times. Failing to do so could result in:

  • $5,000 fine
  • Up to 6 months in jail
  • Or both

Rosanna Berardi, a U.S. immigration lawyer, says she doubts Canadians will face severe punishment. Still, some snowbirds aren’t willing to risk it.

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Snowbirds React: ‘We Feel Targeted’

Snowbirds like David and Dianne Fine of Wasaga Beach, Ont., say they’re leaving Texas early to avoid issues. Though they completed the form in March, they still haven’t received a printable confirmation.

“If we don’t have the right documentation… we could face jail time or fines,” said David Fine.

Rena Hans from Toronto says the rule feels discriminatory.

“It gives me a bit of a totalitarian vibe,” she shared.

Hundreds of Questions, Little Clarity

Stephen Fine, president of Snowbird Advisor, says his site has received hundreds of emails about the rule.

“There’s a lot of anxiety and confusion,” he noted. “Even now, it’s unclear who exactly needs to register.”

Advocates argue the rollout was rushed, leaving many Canadians uncertain and nervous.

Lawsuit Cites Economic Harm to U.S.

The lawsuit also notes the potential economic impact on U.S. communities, especially in Florida, where Canadian snowbirds spend millions each year.

“They’re a boon to many communities,” said Lapointe. “This should’ve been considered.”

Some snowbirds are reconsidering future winters in the U.S. over this issue and broader political concerns.

What Happens Next?

As of now, the registration requirement is still set to launch on April 11. The court will hear arguments this week.

If the lawsuit succeeds, it could quash the rule entirely — a move that would ease concerns for thousands of Canadians.

For now, the Fines — and many others — are watching and waiting.

“We’re happy this lawsuit is happening,” said David Fine. “It might take away all the confusion.”

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