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    300 points proberts | 26 comments | | HN request time: 1.001s | source | bottom

    I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
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    jjmarr ◴[] No.43363348[source]
    Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk?

    For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation.

    https://www.theglobeandmail.com/canada/article-canadian-woma...

    It's unclear to me how big of a risk this actually is for the average "Canadian goes to the USA" story because of her specific factual scenario. Presumably I don't want to enter from Mexico, but is it advisable to take flights from a TSA preclearance airport in Canada so I'm not actually in the USA if the classification is denied?

    replies(3): >>43363415 #>>43363854 #>>43368714 #
    canucktrash669 ◴[] No.43363415[source]
    She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?
    replies(2): >>43363817 #>>43367269 #
    walrus01 ◴[] No.43363817[source]
    Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.
    replies(5): >>43366001 #>>43366068 #>>43367497 #>>43368686 #>>43393578 #
    1. lizknope ◴[] No.43367497[source]
    I'm an American and I was annoyed at how aggressive and militarized the southern border is.

    I was on a big road trip across the country visiting national parks. I went to Organ Pipe Nat. Monument in Arizona which literally touches the Mexican border.

    On my way there I drove through a border patrol checkpoint 10 miles north of the border inside the US. They don't check southbound traffic, only northbound. I never entered Mexico. On the way back I had to stop at that border patrol checkpoint. The border patrol agent was basically yelling at me for my passport. I told him I didn't have it with me. He yelled to see my driver's license. I gave it to him and he yelled at me "Why do you have a North Carolina driver's license?" I replied that is where I live and that is my home address on the license. He then screamed at me "Don't you know this is a prime drug running area?!" I told him "I have no idea and I'm not interested in drugs. There is a national park area 5 miles away, don't you get a lot of tourists here going to see that?"

    I then noticed in my rear view and side mirrors that another agent was going around my car with a dog sniffing around. After about 2 minutes I saw the dog agent give a thumbs up and the rude agent said "Okay, you can go but you should carry your passport"

    I had less rude experiences in Texas and California but still overly suspicious border patrol agents. One guy asked me what all the stuff was in my car. I actually offered him granola bars and soda cans and then showed him landscape pictures on my cameras. He realized that I was really a tourist and not into drugs or helping immigrants cross.

    replies(2): >>43367712 #>>43367847 #
    2. tshaddox ◴[] No.43367712[source]
    > Okay, you can go but you should carry your passport

    Funny, since half of U.S. citizens don't have a passport.

    replies(2): >>43367962 #>>43370934 #
    3. ◴[] No.43367847[source]
    4. blooalien ◴[] No.43367962[source]
    I thought you only need a passport if you're crossing international borders?
    replies(3): >>43368112 #>>43368755 #>>43369972 #
    5. ty6853 ◴[] No.43368112{3}[source]
    If you leave US mainland customs zone and go to saipan or Guam or something it will probably slow you down and they might claim you need it, even though you don't. Also Mexico never changed their law like US did, iirc you can still enter Mexico with a birth certificate.
    6. jofer ◴[] No.43368755{3}[source]
    If you're near a port of entry, you actually can be stopped at any time to be asked for proof of citizenship/visa/etc. See also https://www.aclu.org/know-your-rights/border-zone There are plenty of border patrol stops along highways that never cross a border where you'll be routinely stopped.

    In practice, that means "near the border with Mexico" where there are border patrol stations along highways well inside the US that do routine stops, but technically it applies to any port city as well.

    _Technically_, if you're a US citizen, you're not required to have proof of citizenship on you. But a drivers license in the US does not show that you are a citizen, and they absolutely can stop you from leaving (at least long enough to mess up your day plans) if you cannot actually prove citizenship in practice. It's just a _lot_ easier to have a passport on you. Passport cards exist mostly for this purpose.

    E.g. I lived in Texas for a long time and have a passport card for that specific reason. Driving down to the beach or just going on random trips involves passing through border control stations even though you never leave the US or even get particularly near the border. Your chances of just going to visit a friend in south Texas and winding up needing to pass through a border control checkpoint due to unplanned road closures/etc are pretty high, so it's best to have a card in your wallet at all times that counts. Most remote highways have them as soon as you get back near a town. Most of the time, they'll wave you through pretty quickly, but it's just a lot faster process if you have a passport card and not only a drivers license.

    Side note: A friend of mine was a park ranger at Carlsbad Caverns. He picked me up at the El Paso airport and we were driving to Carlsbad. We went through a border control checkpoint. They threatened to arrest him on the spot because he had his park service uniform hanging up in the back, but no employee ID or other proof that he actually was a ranger. They said he was impersonating a federal officer. They made a big deal of it and made us wait while they called the park to verify he was employed (and that didn't work because it was about 8pm). We eventually got let go with a warning after he found random online photos of him giving cave tours and convinced them that he couldn't possibly have staged a ton of random folks on the internet to have him in the background of photos.... But still, it was kinda nuts...

    replies(3): >>43368964 #>>43369963 #>>43371915 #
    7. ty6853 ◴[] No.43368964{4}[source]
    I think people often think something they did or didn't do lead them to be fucked with. Having gone through the border and checkpoint many many times with absolutely wild variation despite doing same stuff, my observation it is 99% whether the officer is bored or sadistic and 1% the totality of the situation.
    8. int_19h ◴[] No.43369963{4}[source]
    Slight correction: "enhanced" driver licenses are citizen-only, and this is actually checked during issue, so they can also serve as proof of citizenship.
    replies(2): >>43370160 #>>43374979 #
    9. pyuser583 ◴[] No.43369972{3}[source]
    It’s the most “powerful” of all the US identity documents. It’s a good idea to have one even if you don’t intend to travel.
    10. lazyasciiart ◴[] No.43370160{5}[source]
    Nope, that’s a decision made by each state.
    replies(1): >>43370451 #
    11. int_19h ◴[] No.43370451{6}[source]
    Enhanced driver licenses, not regular ones. These come with a whole lot of federal strings attached, and exist pretty much entirely for the purpose of traveling across the border without a passport. As far as I know, the feds require citizenship checks for any participating state.

    Now, in some states, regular driver licenses have a citizen or non-citizen marker on them, but that's a whole separate thing (and AFAIK the feds don't consider them sufficient proof in any case).

    replies(1): >>43370759 #
    12. light_hue_1 ◴[] No.43370759{7}[source]
    States can give out enhanced driver's licenses to people who are non citizens. The only requirement is that they are here legally at the time.
    replies(1): >>43371870 #
    13. nobodywillobsrv ◴[] No.43370934[source]
    It is insane to travel without a passport. How is it even possible! Americans are living in some weird timeline.
    replies(4): >>43371349 #>>43371839 #>>43371909 #>>43372115 #
    14. psd1 ◴[] No.43371349{3}[source]
    Falsehoods Programmers Believe About International Borders
    15. CivBase ◴[] No.43371839{3}[source]
    They were on a road trip in the United States and never crossed an international border. Why would they need a passport? I've never taken mine on a trip like that.
    16. mzayatz ◴[] No.43371870{8}[source]
    That’s not correct. An enhanced driver’s license requires US citizenship.

    https://www.dhs.gov/enhanced-drivers-licenses-what-are-they

    replies(1): >>43403244 #
    17. berdario ◴[] No.43371909{3}[source]
    It's pretty common around the world.

    EU citizens don't need a passport to travel across the EU (even outside the Schengen area, where you have to go through a border check), they just need an identity card.

    (most) EU citizens could also travel to Turkey with their identity card.

    EU citizens could travel to the UK with their identity card, for a few years after Brexit, as long as they got UK (pre-)settled status.

    Russian citizens can travel to Armenia, Belarus, Kazakhstan, and Kyrgyzstan without their international passport. They instead have an "internal" passport (meant to be used like an identity card, and for travel to closed towns inside the country), which is recognised by those other countries.

    The same applies in the other direction for citizens of nearby countries travelling to Russia (even in the case of an Abkhazian internal passport. Abkhazia is recognised by only ~6 other UN member states).

    I'm not sure in which way a US "passport card" differs from a plastic identity card. But it's notable that a few countries don't have either (UK doesn't... Russia and a few neighbouring countries, as mentioned before, instead have an "internal passport")

    Of course, something in common with all the examples above, and with US citizens travelling to Mexico, is that you're travelling to neighbouring countries with friendly relations.

    replies(4): >>43372050 #>>43372404 #>>43372438 #>>43378364 #
    18. Justta ◴[] No.43371915{4}[source]
    carry minimum documents especially inside the country.
    19. nottorp ◴[] No.43372050{4}[source]
    > I'm not sure in which way a US "passport card" differs from a plastic identity card. But it's notable that a few countries don't have either (UK doesn't... Russia and a few neighbouring countries, as mentioned before, instead have an "internal passport")

    US simply doesn't have any official identity card.

    So they make up replacements for when it's convenient to actually have one.

    I suppose the goal is to encourage innovation in the identity theft industry... after all it adds to the PIB doesn't it?

    20. lizknope ◴[] No.43372115{3}[source]
    I have a US passport. I use it when I go to another country.

    When I have traveling within the US I never take my passport. There is zero need and I may lose it so why even bother taking it when it serves no use?

    My trip was a 6 week long road trip from the south eastern US through Texas, New Mexico, Arizona, California, up to Seattle in the northwest, and then back to the south eastern US.

    I had no intention of going to Mexico or Canada. They are fine countries but that was no the intent of this trip so I left my passport at home.

    During this trip I learned that the US border patrol has set up border inspection points about 10 to 50 miles inside the US. Most of the southern border are remote desert regions where people can cross on foot and then try to meet up with someone in a vehicle on the other side. So the border patrol doesn't just patrol the actual border but has checkpoints inside the US on the roads near the border.

    You don't need a passport to get through these as you never left the country.

    But I was driving a vehicle (Honda CR-V) with an open cargo area that showed it was full of luggage, bags of food, and lots of water bottles. I probably looked suspicious like I was picking up immigrants on foot or smuggling drugs.

    I wasn't. I was on a big road trip and wanted to be prepared for days if my car broke down on a side road and I was stuck in a desert area waiting 3 days to be rescued.

    21. trollbridge ◴[] No.43372404{4}[source]
    Circa 2018, I was travelling from Greece to Germany. For whatever reason, the Bundespolizie decided to check everyone’s passports. In particular everyone from Ireland was demanded to have a passport - their identity card wasn’t good enough.
    replies(1): >>43373018 #
    22. CivBase ◴[] No.43372438{4}[source]
    > Of course, something in common with all the examples above, and with US citizens travelling to Mexico, is that you're travelling to neighbouring countries with friendly relations.

    Militarily speaking, yes. But unlike the other examples, there is a huge economic difference between the US and Mexico, meaning migration flows exclusively one way. Illegal crossings are extremely common and the US has strong incentives to prevent them. It's hard to compare the US-Mexico border to any other border in the world.

    23. berdario ◴[] No.43373018{5}[source]
    They probably singled out Irish citizens because Ireland (just like the UK) doesn't provide ID cards...

    But they have a "passport card"

    https://www.citizensinformation.ie/en/travel-and-recreation/...

    I don't see why Bundespolizie would have had to treat people differently, alas it's usually difficult to argue with a foreign country border police

    24. kens ◴[] No.43374979{5}[source]
    To clarify some of the confusion in this thread, a REAL ID driver's license is completely different from an enhanced driver's license. A REAL ID meets federal security standards and is available in all states. An enhanced driver's license proves U.S. citizenship and includes RFID but is only available in five states.
    25. lbschenkel ◴[] No.43378364{4}[source]
    To add to that: in virtually every country in South America their citizens can visit the other countries in South America with only an ID card, no passport necessary.
    26. lazyasciiart ◴[] No.43403244{9}[source]
    You're right, I was confusing REAL ID with "enhanced drivers licenses"