A dispute over legal protections for U.S. customs agents has kept Nexus enrollment centers in Canada closed more than three months after reopening south of the border, in part because of a showdown over the right of US agents to bring weapons into Canadian soil.
The shutdown has led to a massive backlog of applications for the program, which allows pre-approved travelers to cross the border more quickly.
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The Canada Border Services Agency says the number of Nexus applications has risen to 341,688 from about 270,000 in April, at a time when delays are wreaking havoc on travelers’ summer plans.
Canada and the U.S. continue to spar over when the 13 enrollment centers will reopen for applicant interviews as the two sides try to clarify “legal protections” for U.S. customs officers while working at the centers with joint staff, agency spokeswoman Rebecca Purdy said in an email.
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US Customs and Border Protection confirmed that the duty revolves around the legal “authorities” for Nexus office staff.
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“An example might include the authority to carry or have access to a firearm while on duty,” spokeswoman Rhonda Lawson said in an email.
Two senior Canadian government sources told The Canadian Press that the United States wants its customs officers working at Nexus centers to have the same protections guaranteed to its pre-clearance officers in Canada under a bi-national agreement , with weapons as the main talking point.
The sources spoke on condition of anonymity because they were not authorized to discuss the matter publicly.
All first-time Nexus applicants whose initial submissions have been approved must attend an enrollment center interview before receiving the green light. Some existing cardholders must also book a session to renew their membership, which expires after five years.
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About 75 percent of Nexus’ current members are Canadian citizens and another three percent are permanent residents, according to the border agency.
While Canadians can go to one of a dozen Nexus centers in the US located near the border, the wait is long. Five locations do not have appointments available and four do not have any until next year, according to the US Department of Homeland Security website. The only three sites with openings in 2022 are in Minnesota and Michigan’s Upper Peninsula.
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The delay is affecting tourism and causing inconvenience to those who frequently cross the border.
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“If you had more people with Nexus, they’ll get through faster and not clog up the other line,” said Jill Wykes, editor of Snowbird Advisor, an online resource for snowbirds.
“Many other government offices are open,” he said. “I think it’s inexcusable.”
Enrollment centers closed in March 2020 due to the COVID-19 pandemic. Those in the US reopened on April 19.
Since then, airports around the world have faced long queues at security and customs amid staff shortages and a massive uptick in travel.
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“It’s certainly exacerbated the delay,” Duncan Dee, Air Canada’s former chief operating officer, said of Nexus’ thinning passenger numbers.
Teamsters Canada spokeswoman Catherine Cosgrove added, “I haven’t even applied for Nexus, because it doesn’t make sense.”
Prime Minister Justin Trudeau declined to say whether firearms were at the heart of the standoff.
“I think it’s very important that we can stay true to our values as Canadians, but respect the way we have to work together,” he told reporters on Friday during a visit to Stratford, PEI.
“Talks are ongoing right now and we will try to make sure they are resolved in a way that is acceptable to both parties.”
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The dispute arose in recent discussions between Public Safety Minister Marco Mendicino and US Homeland Security Secretary Alejandro Mayorkas, according to a Canadian government source.
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Like the Fast program for long-haul truck drivers, Nexus is a “trusted traveler” program that expedites the entry of pre-cleared cross-border travelers, typically through separate lines and automated kiosks at land crossings and airports, as well as in seaports.
In addition to a question section, first-time interviews at enrollment centers include a high-resolution iris photo and fingerprints, which will be used for scanning at border kiosks.
Most of Nexus’ processing centers are located at airports, although they are separate from customs.
“Why does a US officer need a gun during the Nexus interview? It’s not necessary,” said Len Saunders, an immigration lawyer based in Blaine, Wash., south of Vancouver. He echoed one of the Canadian government sources, who noted that any interviewee would already be provisionally approved after a background check.
An agreement between Canada and the United States that came into force in 2019 established certain protections for US border agents working in pre-clearance zones on Canadian soil and vice versa.
Preclearance is when customs and immigration officials in the country of destination admit travelers to the country of origin, for example, the US Customs office at Toronto Airport before boarding a flight to Los Angeles. The US operates preclearance sites at eight Canadian airports and one ferry crossing.
Protections in the 2019 deal include, for example, that U.S. border agents be tried in a U.S. court for most crimes if they are accused of serving a crime in Canada. The agreement also specifies that US customs agents can carry firearms where Canada Border Services Agency agents can.
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Neither CBSA nor US officers are allowed to bring weapons into Nexus centers. In the case of Nexus centers within airports, the locations are different from the pre-clearance areas.
The United States is trying to apply the terms of the preclearance agreement to agents working in Nexus offices, which are not explicitly covered by the binational scheme, according to Saunders and the two government sources.
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Not all stakeholders see Nexus as key to reducing overall wait times.
“It would be nice to get them open again,” said Mark Weber, president of the Canadian Immigration and Customs Union, which represents about 10,000 border guards.
“But opening the Nexus offices certainly won’t get people to the front lines, where we really need them.”
© 2022 The Canadian Press