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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 4 comments | 14 Mar 25 14:39 UTC | HN request time: 0s | source

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 ◴[14 Mar 25 15:07 UTC] 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 ◴[14 Mar 25 15:12 UTC] 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 #
leereeves ◴[14 Mar 25 21:01 UTC] No.43367269[source]▶
She crossed overland from Mexico for some reason, not from Canada. The linked article says: "Then they came back and told her that, because they were denying her, that they have to send her back to Canada."

Is there a policy that requires that people denied entry be returned to the country they are citizens of?

replies(2): >>43368001 #>>43370174 #
1. cmrdporcupine ◴[14 Mar 25 22:31 UTC] No.43368001[source]▶
From what I read, the Canadian consulate can't do anything for her.

They have her in their system, and she has no rights.

replies(1): >>43368108 #
2. leereeves ◴[14 Mar 25 22:43 UTC] No.43368108[source]▶
I read that she was scheduled to be released (sent back to Canada) today, but I can't find any more recent news either way.
replies(1): >>43368856 #
3. cmrdporcupine ◴[15 Mar 25 00:41 UTC] No.43368856[source]▶
In a way it's a story only notable because she's middle class and white. These kinds of things happened routinely to people with Arabic or "Muslim" names for a disturbing amount of time after 9/11. Maher Arar being the most famous case.
replies(1): >>43374991 #
4. DrillShopper ◴[15 Mar 25 20:38 UTC] No.43374991{3}[source]▶
It is sad that this is now a priority for so many only now that it's affecting affluent white people.

They didn't care before, and they only care now for self-preservation.