US to require Canadians visiting for over 30 days to have fingerprints taken, register with authorities

The United States will require Canadians visiting for more than 30 days to register with authorities and have their fingerprints taken, according to a new interim final rule from the Department of Homeland Security (DHS). 

The new requirement, which takes effect on April 11, applies to all foreign nationals who cross the U.S.-Canada land border and are at least 14 years old who stay in the U.S. for 30 days or more. 

The rule was submitted to the Federal Registrar on Wednesday amid an escalating trade war between the United States and its northern neighbor. Canada, meanwhile, announced $21 billion in new U.S. tariffs on Wednesday. 

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The change will impact some Canadians who were previously exempt from this requirement, including many Canadian snowbirds – retirees who spend winter months in U.S. states – who now have to register with the government or face fines.

The interim final rule confirms that children under age 14, whose parents or guardians must register them, will not be fingerprinted. Biometrics will also be waived for Canadian business and tourist visitors who enter by land, but they also must register if they remain in the country for 30 days or more. 

DHS recognized that the "affected population impacted by this rule are those who are currently unregistered and who would use the general registration form designated under this rule." 

"DHS estimates the affected population to be between 2.2 million and 3.2 million," the rule said. 

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DHS and U.S. Citizenship and Immigration Services (USCIS) in February acknowledged their intention to follow President Donald Trump's Inauguration Day executive order requiring all immigrants to register with the U.S. government. 

The Jan. 20 executive order directs DHS to ensure all immigrants are registered under the Immigration and Nationality Act. That law, which has not previously been fully enforced, mandates that noncitizens over 14 years old must register and be fingerprinted within 30 days of entry, and that all registered noncitizens over 18 years old must carry proof of registration at all times.

"Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their personal possession at all times," the February post to the USCIS website said. "Failure to comply may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration."

"Many aliens in the United States have already registered, as required by law," the post said. "However, a significant number of aliens present in the United States have had no direct way to register and meet their obligation under INA 262. USCIS has established a new form, G-325R, Biometric Information (Registration), and an online process by which unregistered aliens may register and comply with the law as required by the INA."

USCIS added, "Registration is not an immigration status, and registration documentation does not create an immigration status, establish employment authorization, or provide any other right or benefit under the INA or any other U.S. law."