Canada and the US in Dispute over Travel Programme
Why I’m Still Waiting for my Nexus Card, 3 Years Later
This morning, a CBC — Canadian Broadcasting Corporation — news article caught my eye as I was scrolling and slurping the day's first coffee.
Canada says US holding NEXUS travel program hostage
I was intrigued; I applied for my NEXUS card in October 2019 and I still don’t have it, three years later.
A year ago, I wrote a shortform on the subject.
I even lodged a written complaint about the delay in April this year to border services. Of course, I only got a generic answer back with useless statements such as ‘CBP asks all applicants to be patient with the system, as there is a large backlog of applications to be processed by a limited number of open enrollment centers.’
Patient? No kidding!
The ‘limited number of centers’ are only in the US. There are none open in Canada for interviewing applicants and that clearly isn’t going to change anytime soon after reading this morning’s article.
So, what is the problem?
Currently, US border agents who operate US pre-clearance at Canadian Airports and reside in Canada have diplomatic immunity from prosecution should they break Canadian laws.
For those of you who are unfamiliar with the Canadian/US airport arrangement, passengers clear US customs in Canada so the flights are then treated as domestic arrivals in US cities.
The agents who were working at the NEXUS interview centres did not have this diplomatic ‘immunity.’ The US claims they had made it perfectly clear to the Canadian Government that the centres would not reopen post-enforced pandemic shutdowns until all officers were being treated the same.
Canada’s ambassador to the US, Kirsten Hillman, likened the US stance to a hostage standoff. In the article she suggested that their request ‘may not even be possible under Canadian law’ and that their ‘hardball approach’ is not how ‘friends do business.’
I did a little more sleuthing
Skimming the treaty accord between the US and Canada for land, rail marine and air travel, Article X outlines the terms and conditions of protections and accountabilities for workers employed in pre-clearance border duties. It is similar to low-level diplomatic privileges; tax and duty exemptions and waived application fees for school and spousal employment in the host country.
When it comes to criminal offences, it seemed pretty clear that when on duty in Canada, the pre-clearance officers are under the US umbrella and when not, they’re treated like Canadian citizens.
…the Inspecting Party (US) shall have the right to exercise primary criminal jurisdiction over acts or omissions of a preclearance officer in the performance of official duties.
The Host Party shall have the right to exercise primary criminal jurisdiction over acts or omissions of a preclearance officer that occur outside the performance of official duties… Source
I see nothing wrong with that, but I’m not a lawyer, diplomat or politician. The workers are federal US employees posted to Canadian soil to protect their border.
What’s the real problem, Canada?
Contrary to popular belief, only high-level diplomats ‘get away’ with major offences; the rest are usually sent packing should they commit a major crime.
But what about the money?
According to the article, there are 334 000 Canadians waiting for NEXUS interviews to complete their applications.
I’m one of them.
What irks me more is that the ‘Trusted Traveler Program’ continues to allow Canadians to apply for a NEXUS card.
The Homeland Security website posts a red-emblazoned warning likely aimed more at covering their own arses than protecting the unsuspecting public at large.
In some places the process can take 6–18 months to complete. Moreover, interview availability in various regions is limited. We encourage applicants to check interview appointment availability at a preferred Enrolment Center before applying.
I’m sorry, this is unacceptable. In fact, it’s downright lies! The US government continues to take $50US per application — which today is worth almost $70Canadian our dollar is so weak — knowing full well there is no process in place to interview NEXUS wannabes.
Honestly, I feel like I’m caught up in a scam; it’s no different from those online predators who offer a deal and you foolishly expect to get what they claim.
No; actually, it’s worse, given the b-s is coming from a governmental agency. Those people who make rules, policies, treaties and laws… people you supposedly trust.
The US homeland security department is making false promises, taking money and failing to deliver the goods — and with zero intention right now given there are no agents to do so.
How do you solve a problem like NEXUS?
While Canada and the US seem to be at a standstill, little ol’ nobody me has three proposals for the powers that be regarding this whole debacle.
- Stop accepting new applications
It bothers me I have to even write this! Like, duh?
Seriously, if you do not have the capability of processing applications then why do you continue to accept new ones?
I’m doing some mental math here: You have one helluva healthy bank account now Homeland Security.
Stop bullshitting people with misleading information for processing times when you know damn well there are 330+K in the queue. A red alert warning of delays does not cut it.
Suggesting applicants should click on the Canadian interview places and not continue with their application when they see that they’re all closed is utter insanity.
Just close the shop up while the renovations are being done, so to speak.
2. Refund those who have already paid
I want my money back.
I’m pretty sure I’m not the only one. I don’t think that’s unreasonable given the time frame they’ve had my $50. I haven’t received the goods I was promised in a reasonable length of time.
Three years!!
Hmmm, maybe I need to take this up with consumer protection?
I don’t even need the stupid card anymore. I only applied for it because I had decided to go twice a year to Australia instead of every couple of years. The idea of dodging a lengthy passport control line was appealing.
The Pandemic squashed that thought.
My May 2020 trip to Oz will — hopefully — happen in six weeks’ time. My trip is routed through Vancouver both ways. I’m happy to be avoiding the US.
3. Get negotiating!
For goodness sake, can the two parties not sit down and figure out a solution? Government authorities are paid a $hit ton of money to collaborate, negotiate and settle diplomatic disputes, non? I’m sure there’s some legal experts weighing in on the issue right now — and have the clock ticking for the $$$.
Talk to each other, not at each other!
Have they considered an online interview? Now that’s not rocket science — and we’re all so good at Zooms thanks to being bottled up at home for a year.
Perhaps add some more pre-clearance agents and tack the NEXUS interviewer job description onto theirs?
Maybe just axe the whole thing completely and have more agents for everyone waiting to do the pat down and passport control?
I dunno: DO SOMETHING — and let the 330+K people know what you’re doing ASAP.
Thanks to the CBC journalist who wrote this story
Thanks to Alexander Panetta — a CBC journalist based in Washington — for blowing the whistle on this.
I would never have known why those offices are still closed, even though I frequently log into my account. I have proof!
Honestly, after all this nonsense, I don’t even want to travel to the US. It irks me that I’m being dicked around and kept in the dark.
En plus, our dollar is weak, and flights, hotels and car rentals are expensive. Covid is still lurking too.
I won’t actually believe I am going to Australia until I physically get off the plane in Sydney!
Let’s hope we soon get some positive news on this standoff now that the reason behind the delay has been shared.
Maybe it will prompt both sides into diplomatic talks rather than glaring at each other from the other corner and mud-slinging.
I’m curious if any other Canadians are caught up in this pi$$ing contest. Let me know in the comments!