4/14/2017 Northern aliens: Around 100,000 Canadians live under the radar in U.S. as illegal immigrants | National Post

http://news.nationalpost.com/news/world/northernaliensaround100000canadiansliveundertheradarinusasillegalimmigrants 1/6

• FINANCIAL POST • NEWS • COMMENT • PERSONAL FINANCE • INVESTING • TECH • SPORTS • ARTS • LIFE • HEALTH • HOMES • DRIVING • CLASSIFIEDS • JOBS • SUBSCRIBE

NEWS WORLD ISRAEL & THE MIDDLE EAST

WORLDLotto Max | Donald Trump | Syria | Real estate | Marijuana

Northern aliens: Around 100,000 Canadians live under theradar in U.S. as illegal immigrants

TOM BLACKWELL | March 17, 2017 | Last Updated: Mar 19 9:56 PM ETMore from Tom Blackwell | @tomblackwellNP

It was the late 1990s when the Canadian man crossed the border into the United States, a visitor like millions of others, free to stayup to six months.

Except that he never actually left the U.S., and never obtained U.S. government permission to stick around. He simply made a newlife for himself in America.

For the last 18 years, the Canadian has been an illegal immigrant.

“He has a business in the U.S. and it’s active and he has employees,” says Fadi Minawi, the man’s Torontobased lawyer. “He came tome and asked: ‘How do I get legal?’”

As unlawful immigrants become a target for President Donald Trump’s administration a surprising number of Canadians could beasking the same question right now.

Think of “illegal aliens” and the stereotype that likely comes to mind is one of impoverished LatinAmericans slipping across theborder into Texas or Arizona, seeking a new life in a more prosperous land.

It seems that an army of Canadian citizens — despite coming from a place of relative affluence and opportunity – live illicitly in theU.S. One research institute estimates the total at 100,000, while a recent American government report said nearly that manyCanadians outstayed their legal welcome — and failed to leave – in one year alone.

TRENDING

RepublishReprint

Getty ImagesCanadians wind up living illegally in the U.S. because they’ve gotten romantically entwined with Americans, they’ve sunk other sorts of roots or have decided to remain —underground — when their work or student visas expire, lawyers say.

POST POINTS Earn rewards for being a loyal National Post Reader Sign In Learn More Join

4/14/2017 Northern aliens: Around 100,000 Canadians live under the radar in U.S. as illegal immigrants | National Post

http://news.nationalpost.com/news/world/northernaliensaround100000canadiansliveundertheradarinusasillegalimmigrants 2/6

Immigration lawyers confirm they regularly hear from Canadians who haveexceeded the time they can lawfully be in the U.S., sometimes by years.

Canadian illegals approached by the National Post declined to be interviewedabout their situations.

But lawyers say they wind up in such predicaments because they’ve gottenromantically entwined with Americans, they’ve sunk other sorts of roots orhave decided to remain — underground — when their work or student visasexpire. Some know they’re on thin ice legally, others wrongly believe they havea right to linger as long as they want.

“A lot of it comes down to ignorance, naivete or love,” said CanadianbornCedric Shen, who practices immigration law in Los Angeles.

Minawi, the Torontobased lawyer who’s also licensed in New York State, saidmany Canadians think “Oh, well, we’re neighbours, we can be in the U.S. (indefinitely).”

“But this is not a right for them,” he noted. “Many times, these people find that they’ve overstayed, and they’ve built their lives in theU.S. and they don’t know what to do.”

The total numbers still are dwarfed by undocumented immigrants from places like Mexico, which has an estimated 5.8 millionillegals in the U.S. But when the U.S. Department of Homeland Security published its first report last year on people who overstayedtheir legally permitted time in the country, Canadians led all other nationalities.

Related

Tens of thousands of U .S . immigration detainees claim they were forced into labour for $1 a day

Policy memos reveal how Trump plans to crack down on 11 million illegal immigrants

New York immigration museum recalls when Italian, Irish were the ‘illegals,’ ‘terrorists’

Canadians can be in the U.S. for six months as visitors, longer as students or under various work visas. But in 2015 alone, 93,000Canadians whose time was up failed to go home, the Homeland Security report said.

That’s more than twice the number of overstaying Mexicans. And yet, this nation’s citizens are seldom mentioned by immigrationhawks like Trump.

“I’ve never met an illegal Canadian,” quipped Republican Sen. Lindsey Graham recently in explaining the emphasis onundocumented Hispanic arrivals. “People come in from poor countries to work here. They come to Myrtle Beach, Canadians do. Theyenjoy themselves, they go swimming in March, and they go home.”

When asked, representatives for the Department of Homeland Security offered no comment on whether the U.S. considers Canadianillegals to be a significant problem.

There is certainly one key difference between Canadians and, say, Mexicans living unlawfully in the U.S.: the former usually enter thecountry legitimately and then don’t exit; the latter tend to sneak into the U.S. without documentation at all.

Both, however, are equally in violation of American law, said one expert. The silence on Canada’s illicit migrants likely points insteadto a racially tinged doublestandard, with a blind eye generally turned toward the predominantly Caucasian illegals from the north,argued César Cuauhtémoc García Hernández, a professor at the University of Denver law school.

“There are approximately 93,000 Canadians who violate immigration laws simply by coming here with permission to staytemporarily, and never leaving,” he said. “The next logical step would seem to be, if there isn’t to be a discriminatory bent toimmigration enforcement, we ought to be expending resources targeting Canadians.”

Peter J. Thompson for National PostTorontobased lawyer Fadi Minawi saysmany Canadians think “Oh, well, we’reneighbours, we can be in the U.S. (indefinitely).”

POST POINTS Earn rewards for being a loyal National Post Reader Sign In Learn More Join

4/14/2017 Northern aliens: Around 100,000 Canadians live under the radar in U.S. as illegal immigrants | National Post

http://news.nationalpost.com/news/world/northernaliensaround100000canadiansliveundertheradarinusasillegalimmigrants 3/6

Many times, these people find they’ve overstayed, and they’ve built their lives in the U.S. andthey don’t know what to do.

Hernandez said he isn’t really advocating such a campaign — for any illegal immigrant — only pointing out what he sees as aninequity.

Michael Niren, a Torontobased immigration lawyer, views it a little differently. “There is a climate of trust, let’s put it that way,”between Canada and its neighbour, he said.

But if illegals from this country have had a comparatively easy ride to date, that may be about to change.

Trump’s determination to crack down on unauthorized immigrants – with plans to triple the number of deportation officers — couldmake it more risky for even Canadians to languish unlawfully in the U.S., some advocates say.

“I think it’s going to affect every nationality, regardless of where you’re from,” said Rosanna Berardi, a Buffalobased immigrationattorney. “If you’re here without authorization, you’re more likely to be caught and prosecuted, unlike the last several decades in theU.S.”

Noting that many municipal police forces were deputized to act on immigration matters after the 9/11 terrorist attacks, she said shewarns unauthorized clients that even a simple traffic stop can land them in deep trouble.

“The message is always, ‘Keep a low profile, don’t drive, stay out of public areas like bus stations or airports where there tends to belaw enforcement,’ ” Berardi said. “You’ve really got to be super careful.”

Exactly how many Canadians exist with that kind of uncertainty is not really known.

Homeland Security declined a request to estimate the total number of illegals from here, and its overstay report last year doesn’tinclude those who overstayed but left after 2015, or overstays from previous years who never went.

The clearest picture comes from the Pew Research Center, which used federalgovernment surveys to suggest that 100,000Canadians were in the U.S. without authorization in 2014. That ties this country for 12th — with Peru, Haiti and Brazil — as asupplier of illegal immigrants.

“I certainly do have calls from people who say ‘I’ve been out of status for years. I came in as a visitor or I finished school or I came inwith a work visa and I just never left. And now what can I do?’ ” said Shen.

One thing they can do is marry an American citizen, a solid path to a Green card, so long as the union is judged legitimate, the lawyersaid.

FileAccording to Republican Sen. Lindsay Graham, Canadians “come to Myrtle Beach ... They enjoy themselves, they goswimming in March, and they go home.”

POST POINTS Earn rewards for being a loyal National Post Reader Sign In Learn More Join

4/14/2017 Northern aliens: Around 100,000 Canadians live under the radar in U.S. as illegal immigrants | National Post

http://news.nationalpost.com/news/world/northernaliensaround100000canadiansliveundertheradarinusasillegalimmigrants 4/6

Tillerson, Lavrov Meetin Moscow AmidTensions

Gauging Calif. Snow isa Job and an Adventure

El Faro Widow UsesGrief to Push For SaferShips

Today in History April12

Sometimes status can also be changed by obtaining a different kind of visa that legalizes the Canadian’s illicit presence. But failingthat, the consequences are harsh.

Someone who overstays for six months to a year, leaves the U.S. and tries to get back in faces a threeyear ban. If they have stayedmore than a year without authority, the ban is extended to 10 years.

That leaves Minawi’s 18yearsunauthorized client with some tough choices. He likely will have to travel to Canada and apply at aU.S. mission for an investortype visa, asking that the decadelong ban on getting back in be waived, the lawyer said.

There’s no guarantee he’ll get the waiver, of course, but the alternative — continuing to live illegally — seems untenable, said Minawi.

“You’d always be looking over your shoulder. Even something as simple as a speeding ticket can lead to a deportation hearing, andthat’s something that’s out of your control,” he said. “Ultimately, you have to lift the bandage and you have to try to get legal as soonas possible.”

• Email: tblackwell@postmedia.com | Twitter: Follow @tomblackwellNP 4,394 followers

LATEST WORLD VIDEOS

Find National Post on Facebook

Topics: Canada, News, World, CanadaU.S. Relations, Illegal Immigrants, United States

54 Comments Sort by

Anita Steins · Humberside Collegiate Institute TorontoRules are rules. If you're illegal, it doesn't matter what country you're from. You are inthe US illegally. Is there an expectation the US will say "oh, it's ok, you're fromCanada"?

Like · Reply · 48 · Mar 17, 2017 6:22pm

Walt Murr · York University HomeI love breaking the rules. They haven't deported me yet, and they will neverpull me over.Like · Reply · Mar 18, 2017 12:56pm

Sumu ChauhanIf you have some free time on your hands, why not make some extra cashevery week? Follow this link for more information>>

ᴵᴵ I I I I I I I I I I I IIw w w . Careerstoday100 . c o mᴵᴵ I I I I I I I I I I I Like · Reply · Mar 18, 2017 2:10pm

Sumu ChauhanIf you have some free time on your hands, why not make some extra cashevery week? Follow this link for more information>>

ᴵᴵ I I I I I I I I I I I IIw w w . Careerstoday100 . c o mᴵᴵ I I I I I I I I I I I Like · Reply · Mar 18, 2017 2:11pm

Show 7 more replies in this thread

Top

Add a comment...

POST POINTS Earn rewards for being a loyal National Post Reader Sign In Learn More Join