Increased Scrutiny from US Border Officers
In March 2023, the Canadian government took a significant step in updating its travel advisory, particularly for those planning to visit the United States. The advisory indicated that any Canadian citizen intending to stay in the U.S. for over 30 days “must be registered with the United States government.” Failure to adhere to this requirement poses risks, including potential fines and even misdemeanor prosecution. As our world becomes more interconnected, such updates highlight the evolving complexity of cross-border travel and the heightened vigilance that travelers may encounter.
The urgency of this advisory was compounded by a subsequent update in early April, which addressed the changing environment at U.S. points of entry. This update, reported somewhat quietly by Canadian public broadcaster CBC, warned travelers to “expect scrutiny at ports of entry, including of electronic devices.” It emphasized the importance of compliance and transparency during interactions with border authorities, underscoring the potential consequences of non-cooperation. The advisory cautioned that, in the event of denied entry, travelers could face detention while awaiting deportation.
It is crucial to note that U.S. border officials have historically retained the authority to inspect travelers’ belongings and demand access to electronic devices. However, heightened security measures have recently intensified, as noted by an immigration lawyer in the CBC report. This shift signifies a more meticulous approach at the U.S.-Canada border, which leaves many travelers feeling an increased level of anxiety about their experiences while crossing into the U.S.
Challenges for Some LGBTQ Travelers
The travel landscape becomes even more complicated for LGBTQ individuals, particularly those who identify as transgender, non-binary, or intersex. In March 2023, several European countries—including Denmark, Finland, France, and Germany—issued warnings about potential entry difficulties for these groups when traveling to the U.S. The Danish foreign ministry notably advised transgender individuals to reach out to the U.S. embassy prior to travel. This guidance reflects a broader recognition of the challenges faced by LGBTQ travelers in the current socio-political climate.
The Danish travel advisory stressed the importance of informing the U.S. embassy of any discrepancies between a traveler’s passport gender designation and their gender identity. Particularly, the advisory noted the limitations of the Electronic System for Travel Authorization (ESTA) and visa applications, which only recognize two gender options: male and female. For many non-binary individuals who prefer the “X” gender marker, this presents a significant barrier. The U.S. State Department has ceased issuing travel documents that reflect this “X” designation and has not permitted changes to gender listed on passports, further complicating the situation for LGBTQ travelers.
Travel advisories from other European nations echoed these concerns. Finland’s foreign ministry recommended that travelers whose current gender differs from their gender assigned at birth should consult U.S. authorities in advance, as there’s a risk of denied entry. France’s updated advice similarly mandated that travelers disclose their gender at birth in their visa or ESTA applications, which could pose challenges for individuals whose gender identity does not align with such rigid classifications.
Germany’s guidance was consistent with this trend, advising travelers with “X” gender markers or differing gender identities from their assigned birth gender to engage with U.S. diplomats before attempting to enter the country. These proactive recommendations underscore an urgent need for international cooperation and understanding in navigating an increasingly complex legal and social landscape for travelers.
