Home Canada U.S officials have revoked thousands of Canadian NEXUS cards

U.S officials have revoked thousands of Canadian NEXUS cards

U.S officials have revoked thousands of Canadian NEXUS cards

American authorities have revoked the NEXUS trusted traveller cards of thousands of Canadians over the past five years — extra than three occasions the amount revoked by Canadian officials, CBC Data has learned.

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American officials are outpacing Canadian officials in relation to revoking NEXUS cards. (Adrian Wyld/The Canadian Press)

American authorities have revoked the NEXUS trusted traveller cards of thousands of Canadians over the past five years — extra than three occasions the amount revoked by Canadian officials, CBC Data has learned.

And consultants verbalize that if a Canadian’s NEXUS card is revoked by American officials, or no longer it’s tough to allure the resolution or salvage it reversed.

“Very, only about a have been a hit and within the final year and a half, it has been practically very no longer likely” acknowledged Toronto lawyer Cyndee Todgham Cherniak.

The NEXUS trusted traveller program, dawdle jointly by the Canada Border Services Company (CBSA) and U.S. Customs and Border Safety (CBP), permits card holders to snappily-song by customs and waddle by airports. Whereas many utilize the cards for rotten-border commute, some card holders utilize it primarily for reducing wait occasions while travelling within Canada.

The CBSA acknowledged there have been 1.7 million NEXUS card holders as of Could well per chance furthermore fair 2021. In accordance to the CBP, 77 per cent of those with NEXUS cards are Canadian, 21 per cent are American and a pair of per cent fall within the category of “different”.

But while American citizens kind up a smaller share of participants, numbers obtained by CBC Data expose that American officials are liable for 77 per cent of NEXUS card revocations.

Canadian and American officials revoked 15,807 NEXUS cards between Jan. 1, 2016 and Could well per chance furthermore fair 25, 2021. The CBSA says it revoked 3,591 cards — 22 per cent of revocations — while American CBP officials revoked 12,216 cards.

CBP spokesperson Rhonda Lawson acknowledged the carrier cannot verbalize how many of the cards the American company revoked had been held by Canadians and the way many belonged to American citizens.

But total, she acknowledged, 70 per cent of the cards revoked by either the CBSA or the CBP had been held by Canadians, 26 per cent of the revoked cards had been held by American citizens and 4 per cent of those whose cards had been revoked fell into the category of “different”.

Toronto lawyer Cyndee Todgham Cherniak says the Canadian authorities might well fair composed call on the American citizens to enhance their allure job for folks whose NEXUS cards are revoked. (CBC)

Lawson acknowledged those whose cards are revoked, or whose applications are denied by American authorities, can allure to the CBP’s ombudsman.

Todgham Cherniak acknowledged that’s no longer as straight forward as it sounds.

“There is now not any such thing as a worthy, clear job to allure a NEXUS card confiscation or cancellation by the U.S. officials.”

Todgham Cherniak won a recent Federal Court docket of Canada case within the future of which a deem stumbled on that a Montreal businessman might well fair composed no longer have misplaced his NEXUS card because of a minor infraction. The deem furthermore ruled that it used to be incumbent on authorities officials to show cowl why a minor infraction caused them to lose have confidence in him.

Whereas there is a job for Canadians or American citizens whose NEXUS cards are revoked by the CBSA, or no longer it’s tough to even attain the CBP ombudsman, she acknowledged.

“Last year we had a spot for a quantity of Canadians where we despatched a paper copy of the submissions to the old U.S. CBP ombudsman address,” she acknowledged. “They had been all returned as a result of they moved.

“So we picked up the cellular phone and known as U.S. Customs and Border Safety. No one within Customs and Border Safety knew where they’d moved to. They didn’t know the original particular person to write to, or straight forward systems to salvage in touch with any one.”

Retired lawyer Ruth Hornstein tried to allure to the ombudsman when her newly-renewed NEXUS card used to be revoked at Montreal’s Trudeau airport in 2018 as a result of a friend travelling with her had an apple and an avocado in her purse — a violation of U.S. agricultural strategies.

“They acknowledged, ‘I am sorry, you presumably can no longer have your NEXUS card encourage, it has been revoked for existence,'” she acknowledged.

Zero tolerance

Robert Leo, a Fresh York lawyer who has represented Canadians whose NEXUS cards had been revoked by American authorities, acknowledged the American citizens adopted a zero tolerance policy system encourage.

“Anything else that’s out of the frequent on the border, they salvage away the NEXUS card,” he acknowledged.

It’s no longer straight forward to allure the resolution to revoke a card, he acknowledged.

“There are no laws within the US, now not like Canada,” acknowledged Leo, in conjunction with that CBP has rejected the premise of adopting laws. “There are no procedures different than now you presumably can ask for reconsideration of a customs resolution on-line.”

Leo, who estimates his company wins about 30 per cent of the appeals it files, acknowledged those having a leer to file an allure might well fair composed first utilize the Freedom of Recordsdata Act to salvage copies of their files. A song myth of crossing into the U.S. with out violations ahead of or after the incident can furthermore encourage, he acknowledged.

“The one element that somebody has to stamp is that they had been a trusted traveller ahead of, they are a trusted traveller now and this used to be an aberration,” acknowledged Leo.

Todgham Cherniak acknowledged she would esteem the Canadian authorities to salvage entangled and plug the American authorities to enhance its allure job.

“What we truly must attain is have the Canadian authorities attain out to the U.S. authorities pronouncing, ‘This is rarely any longer fine,'” she acknowledged.

Elizabeth Thompson might well fair also be reached at elizabeth.thompson@cbc.ca

U.S officials have revoked thousands of Canadian NEXUS cards