The Honorable Kristi Noem
U.S. Department of Homeland Security
Office of the Executive Secretary
Mail Stop 0525
Washington, DC 20528
Dear Secretary Noem,
On behalf of over one million Canadian “snowbirds” who travel to the United States annually, I am writing to seek clarification on the Protecting the American People Against Invasion executive order, issued by President Trump on January 20, 2025. This executive order directs the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).
As you are aware, the Immigration and Nationality Act requires that all aliens to the United States, who are fourteen years of age and older, register with the federal government when staying in the United States for 30 days or longer. Any alien who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered. This includes visitors admitted to the United States as non-immigrants who were issued an electronic Form I-94 admission record. As Canadian citizens can travel to the United States as tourists without applying for a visa, they are typically not issued an I-94 record of admission, when entering by land, upon being granted temporary entry.
The public affairs team at U.S. Customs and Border Protection (CBP) has stated that the registration requirement does not apply to Canadian citizens, who are ‘registered’ when they are inspected and admitted by U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry. However, the U.S. Citizenship and Immigration Services (USCIS) website currently states that: “Aliens who have not registered include: Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration” (https://www.uscis.gov/alienregistration).
We would ask that you please provide clarification on whether Canadian citizens, who are admitted to the United States as temporary visitors for 30 days or longer and are not issued an electronic Form I-94, are required to register with USCIS.
It is our position that this executive order relates to unlawfully present individuals currently in the United States and should not apply to Canadian tourists visiting the U.S. for vacation purposes.
Thank you for taking the time to review this letter and provide a response.
Sincerely,
Michael MacKenzie
Executive Director
Canadian Snowbird Association
