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

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?

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.

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

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...

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).

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