US-CANADA DISPUTE OVER NEW IMMIGRATION LAW ADDRESSED BY CONGRESS

A provision in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”) that would force every Canadian entering and leaving the US to participate in an automated entry-exit system. Canadian officials have expressed deep dismay over the impact the provision would have on Canadians and have protested the measure as potentially being a violation of the North American Free Trade Agreement.

The original Section 110 of IIRAIRA reads as follows:

(a) System. –Not later than 2 years after the date of the enactment of this Act, the Attorney General shall develop an automated entry and exit control system that will–

1. collect a record of departure for every alien departing the United States and match the records of departure with the record of the alien’s arrival in the United States; and
2. enable the Attorney General to identify, through online searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General.

 

The US House of Representatives has overwhelmingly passed legislation to try an ameliorate the matter. The new section would read as follows:

(a) System.–Not later than 2 years after the date of the enactment of this Act (and not later than 3 years after the date of the enactment of this Act in the case of land border points of entry), the Attorney General shall develop an automated entry and exit control system that will–

1. collect a record of departure for every alien departing the United States and match the records of departure with the record of the alien’s arrival in the United States;
2. enable the Attorney General to identify, through online searching procedures, lawfully admitted nonimmigrants who remain in the United States beyond the period authorized by the Attorney General; and
3. not significantly disrupt trade, tourism, or other legitimate cross- border traffic at land border points of entry.

 

The new rules have a longer phase in period for US-Canadian border points and appears to give the Attorney General authority to develop a system that will exempt Canadians from many of the requirements. The legislation is vague, though the legislative history would appear to support such a conclusion.

 

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