Lawyers Warn of Aggressive Approach to Legal Immigration at U.S. Border

Lawyers Warn of Aggressive Approach to Legal Immigration at U.S. Border

In what has become a growing concern for Canadians traveling to the United States, the case of Jasmine Mooney, a Vancouver businesswoman detained for over a week in the U.S. despite holding a valid visa, highlights alarming shifts in U.S. immigration policy. Her case serves as a stark warning to other Canadians that crossing the U.S. border is no longer as routine as it once was.

A Growing Trend: Detention, Deportation, and Denial

Mooney, a former actress turned businesswoman, was detained for 12 days after attempting to cross the U.S.-Mexico border near San Diego, California, earlier this month. She had applied for a TN visa, part of a trade agreement between Canada, Mexico, and the United States that allows citizens of these countries to process certain types of professional visas directly at the border. However, rather than a quick entry, Mooney found herself caught in a prolonged detention process that ended in a privately-run detention center in Arizona, with harsh conditions and a complete lack of amenities.

Mooney’s detention is part of a disturbing new trend that has seen an increasing number of individuals detained or deported, even when they hold legal immigration status, such as permanent resident cards. U.S. immigration lawyer Jim Hacking has observed this uptick over the past 10 days, describing it as a “full-tilt assault on legal immigration.” Hacking suggests that Mooney’s case is part of a broader pattern where individuals—whether they hold a visa or permanent residency—are being denied entry or subjected to punitive measures that were not as common before.

The U.S. Immigration and Customs Enforcement (ICE) states that Mooney’s detention was in accordance with a January 2025 executive order issued by President Donald Trump, signaling a shift in U.S. immigration practices. The order, according to Hacking, marks a clear move toward stricter enforcement, signaling a more aggressive stance against those attempting to enter the United States, even legally.

Canadians at Risk: What Immigration Experts Are Saying

Richard Kurland, a Vancouver-based immigration lawyer, believes that Canadians should be aware that U.S. immigration officers’ approach to entry has shifted. Instead of facilitating access, he says the goal has become one of frustration—making entry as difficult as possible. Kurland suggests that Canadians should no longer take border crossings lightly.

“The assumption that some crossings are easier than others is a thing of the past,” Kurland warns. “People trying to cross the border need to be as forthright and prepared as they would be entering any other country.”

The message is clear: if you’re a Canadian with any sort of visa or immigration status, you could be subject to scrutiny at the U.S. border, even if you’ve crossed without issue in the past.

TN Visa: A Common Pitfall

Mooney’s visa application, the TN visa, is an important aspect of her case. The TN visa, created as part of the North American Free Trade Agreement (NAFTA), allows certain professionals from Canada and Mexico to work in the U.S. without needing to apply for a visa through an embassy or consulate. This “port-of-entry” process allows for quick approvals at the border for certain occupations. However, this relatively streamlined process has recently become a point of contention, with border officials increasingly denying or delaying applications for individuals seeking entry.

Hacking notes that in his 17 years of practicing immigration law, he has never seen a TN visa holder detained for such a prolonged period. He argues that Mooney’s detention wasn’t just about denying her entry—it was part of a broader strategy to deter immigration, even for those who have legitimate reasons to enter the country.

Should Canadians Be Concerned About Crossing the U.S. Border?

This incident is a stark reminder that immigration laws in the U.S. are evolving rapidly, and Canadians—who once enjoyed easier access to the U.S.—are not immune to these changes. While some Canadians have been used to crossing the border with little to no difficulty, experts are warning that these days are over. In fact, Kurland suggests that it’s now more important than ever for Canadians to be vigilant about their immigration status when crossing the border.

“Canadians need to recognize that their immigration status is now just as susceptible to scrutiny as anyone else’s,” he says.

Hacking also advises Canadian citizens and residents to be cautious about leaving the U.S., particularly those with work visas or other immigration status. With the increasing unpredictability of border crossings, Canadians with any kind of visa status should consider staying in the U.S. until they are sure they will be allowed back in.

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What Lies Ahead for Canadians Crossing the U.S. Border

Kurland and Hacking both agree that this is only the beginning of a larger shift in U.S. immigration policy under the current political climate. With the political mandate of the U.S. administration focused on tightening immigration rules, Canadians could face increased scrutiny, longer wait times, and a greater likelihood of denial or detention.

As Mooney’s case unfolds, it’s clear that a more cautious and strategic approach to crossing the border will be essential for Canadians. Lawyers are already advising clients to avoid the U.S. border if possible, and those who must travel should be prepared for more intensive checks and questions.

In conclusion, the days when crossing the U.S. border was an easy task for Canadians are over. The shift in U.S. immigration policies means that everyone—no matter their nationality or visa status—could face challenges at the border. Mooney’s case is just one of many, and experts believe that it’s a sign of things to come. For Canadians, it’s a wake-up call to take immigration laws seriously and to prepare for more stringent border controls in the future.

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