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Immigration attorneys are emphasizing that the recent case of a Vancouver woman detained in the U.S. over a visa complication serves as a critical warning for Canadians traveling to work across the border. This case is notable for illustrating the shifting landscape of American immigration enforcement.
Jasmine Mooney returned to Vancouver after spending approximately 12 days in detention following her attempt to cross into the United States near San Diego, California. The situation has raised alarms among immigration advocates and legal professionals alike.
Jim Hacking, a U.S. immigration attorney, highlights that Mooney’s experience is part of a troubling trend seen recently, where individuals with various immigration statuses have faced increased scrutiny, including some who have permanent-resident cards. This sudden uptick in detentions and deportations is being perceived as a significant shift in how immigration policies are being enforced.
According to U.S. Immigration and Customs Enforcement, Mooney’s detention is tied to a January executive order issued by former President Donald Trump. Hacking argues that this situation is indicative of a comprehensive assault on legal immigration, reflecting a more hostile environment for those seeking entry into the U.S.
Richard Kurland, another Vancouver-based immigration lawyer, anticipates that similar incidents could continue throughout the summer, advising Canadians to be cautious as U.S. immigration officers may be more inclined to complicate entry rather than facilitate it.
Family members of Mooney report that her conditions in detention were severely inadequate, with accounts of her being placed in a privately operated facility in Arizona alongside numerous other detainees without sufficient amenities.
Significance of Visa Policies
Mooney was attempting to enter the U.S. on a TN visa, a unique category that allows for processing at the border, as opposed to requiring a consulate or embassy visit. This visa stems from a trade agreement that facilitates employment for Canadians and Mexicans in certain fields.
Hacking notes that her detention is particularly alarming because such a prolonged hold for a TN visa applicant is unprecedented in his 17 years of legal practice. He believes that border officials had the authority to deny her entry without resorting to detention, which further underscores the current strictness of U.S. border controls.
According to Hacking, the goal appears to be a broader deterrent against immigration. He recounts that normally, individuals seeking admission should simply be turned away instead of being subjected to harsh detention conditions. This represents a shift towards more aggressive immigration enforcement aimed at those attempting to enter the U.S.
As a precaution, Hacking advises individuals without U.S. citizenship—especially those with prior or current visa statuses—to be wary of leaving the country since re-entry is increasingly uncertain.
Kurland encourages Canadians aiming to enter the U.S. to maintain transparency with border officers, emphasizing that assumptions about ease of entry at different points should be reconsidered. Mooney, for example, initially attempted to enter from British Columbia but ultimately switched her entry point to Mexico based on previous success.
He points out that close similarity in cases can lead to inconsistent outcomes at the border, highlighting the unpredictability of current immigration enforcement practices. Additionally, Kurland advises that individuals instructed by immigration officials to process their visa applications at consulates should comply to avoid complications at the border.
There is speculation that the administration may be using immigration policy as a leverage point in trade negotiations, reminiscent of strategies seen in previous administrations. Kurland notes that this tight rein on immigration aligns with the political pressure to address immigration law violations sternly.
Mooney’s family confirmed her safe return to Vancouver but remained unavailable for further comments following her ordeal.
Source
globalnews.ca