Executive Order 14159 and Its Impact on Canadian Snowbirds
An executive order signed by President Trump back in January is making waves in the snowbird community, as new U.S. registration requirements are now going to be enforced starting on April 11th, 2025.
On January 20th, 2025, President Trump signed Executive Order 14159, titled Protecting the American People Against Invasion. This order instructs the Department of Homeland Security to enforce the requirement for foreign nationals to register with the government, as outlined in Section 262 of the Immigration and Nationality Act (INA). It also emphasizes that failing to comply with this registration rule will be treated as a priority for both civil and criminal enforcement.
As a result of this executive order, the United States will begin implementing new alien registration requirements as of April 11th, 2025, which will affect all foreign nationals, including Canadian citizens, who plan to stay in the country for more than 30 days. This policy change has significant implications for all Canadian visitors to the U.S., but especially for Canadian snowbirds who spend up to six months of the year south of the border. Understanding these new regulations is crucial to remain compliant with the law and avoid potential penalties.
What Are the New U.S. Alien Registration Rules?
The U.S. government, under Executive Order 14159 signed by President Trump, is enforcing stricter adherence to existing immigration laws. Most significantly, foreign nationals who plan on staying in the U.S. beyond 30 days are now required to register with immigration authorities and, in most cases, to submit biometric data such as fingerprints to the government as well.
Prior to this executive order, it wasn’t uncommon for foreign nationals – especially those who arrived via a land border crossing – to be admitted into the United States without any formal registration of their presence. This measure aims to enhance the monitoring and management of foreign visitors, ensuring compliance with U.S. immigration policies.
Requirements for Canadian Visitors
Canadian citizens are still allowed to enter the United States visa-free for short-term stays of up to six months. However, Canadians who intend to remain in the U.S. for more than 30 consecutive days must now register with U.S. immigration authorities by providing personal information such as their full name, date of birth, and passport details. This rule will also be enforced for Canadians who were already present in the United States prior to April 11th.
So, what does registering with U.S. immigration authorities entail? Well, for starters, if you’re already in the United States, there’s a good chance that you’ve completed your registration whether you were aware of it or not.
According to U.S. federal regulation 8 CFR 264.1(b), an I-94 Arrival-Departure Record counts as a valid form of registration. If you arrived in the U.S. by air, you were almost certainly issued an electronic I-94 record, which fulfills the requirement. If you arrived by land, however, it’s possible that you weren’t issued an I-94 record. You can check your current I-94 status via the U.S. Customs & Border Patrol website.
If your latest I-94 appears active on the CBP website:
- You don’t need to take any further action to register your presence in the United States to the appropriate authorities.
If your latest I-94 does NOT appear on the CBP website, and you are planning on staying for less than 30 days:
- You are not required to register your presence, provided that you leave the country before 30 days is up.
If your latest I-94 does NOT appear on the CBP website, and you are planning on staying longer than 30 days:
- You will likely need to register your presence in the United States by completing the new Form G-325R through the myUSCIS online portal. Learn more about how to create a USCIS online account here.
Failure to comply with the new registration requirements may result in fines of up to $5,000 and potential imprisonment.
Do Canadian Visitors to the U.S. Now Need to Submit Fingerprints?
No. Thankfully, the U.S. government, likely under pressure for lobby groups looking out for the interests of snowbirds, decided to exempt Canadians from the fingerprinting requirement. This exemption is clearly spelled out in the Federal Register: “Canadian nonimmigrants and aliens under the age of 14, […] for whom the fingerprint requirement is waived[…]”
However, non-Canadian citizens who are 14 or older and who will be staying in the U.S. for longer than 30 days will be required to submit their fingerprints to the government during a Biometrics Services Appointment that gets initiated during the registration process with myUSCIS.
Proving Your U.S. Registered Status
The wording of the executive order states that “aliens over the age of 18 must carry and keep [evidence of registration] in their personal possession at all times.”
There are two recommended ways of satisfying this requirement:
- “Proof of Alien Registration” document following receipt of Form G-325R: Once a Canadian citizen has submitted Form G-325R to the government through the myUSCIS portal, they will receive a digital “Proof of Alien Registration” document, which can be printed and carried as evidence of compliance with the law.
- I-94 Record: Canadians who have I-94 registration status can similarly print a copy of their current I-94 status from the CBP website to demonstrate lawful presence in the United States.
What is the Penalty for Not Carrying Around Proof of Registered Status?
According to the USCIS website:
“Any alien required to register who is 18 years of age and older and who fails to comply with the requirement that they carry evidence of registration, and have in their personal possession evidence of registration will be guilty of a misdemeanor and will upon conviction for each offense be fined not to exceed $5,000 or be imprisoned not more than 30 days, or both.”
While it may seem unlikely that you will ever be asked to provide such documentation, we highly recommend carrying around a paper copy of your evidence of U.S. registration in your purse or wallet given the risk of fines and/or imprisonment for non-compliance.
Impact on Canadian Snowbirds
The requirement to register trips to the United States that are longer than 30 days in duration introduces additional steps for the travel plans of the approximately 1 million Canadian snowbirds who make their way south every winter. While the fingerprint exemption is a welcome reprieve, the requirement to ensure valid registration with the U.S. government and carry around proof of this registration is undoubtedly frustrating for a group that has historically been welcomed by Americans with open arms.
The enforcement of these new rules come during a time of highly strained tensions between the U.S. and Canada following the re-election of President Trump and his highly protectionist America-first agenda. In addition, a weak loonie is putting financial stress on snowbirds who are finding that their money doesn’t go as far as it used to. Extra hurdles in the form of new registration requirements may be enough to turn some snowbirds away altogether, which would have a major impact on the economies of states like Florida (where Canadian snowbirds spend as much as $6.5 billion annually) and Arizona (where Canadian snowbirds spend $1.4 billion annually).
The Canadian Snowbird Association, which represents the interests of Canadian snowbirds, is working with U.S. Congressional representatives to try and secure further exemptions for Canadians that would prevent them from having to register at all. Stay tuned for further updates on this matter.
How Can Canadian Travelers to the U.S. Remain Compliant?
The upcoming changes to U.S. alien registration laws represent a significant shift in the management of foreign nationals within the country. For Canadian snowbirds, understanding and adhering to these new requirements is essential to ensure uninterrupted enjoyment of their extended stays in the U.S.
To ensure compliance and avoid penalties, all Canadian travelers planning extended stays in the U.S. should do the following:
- Plan Ahead: Familiarize yourself with the new registration process before your trip.
- Complete Registration Promptly: If your stay will exceed 30 days, register with U.S. immigration authorities as required, either via Form I-94 or Form G-325R.
- Maintain Documentation: Carry proof of registration and be prepared to present it upon request by U.S. officials.
- Stay Informed: Regularly check official U.S. government websites such as the CBP website and the USCIS website for updates on immigration policies.
By following these steps, you can mitigate potential challenges and negative consequences arising from these regulatory changes.
Heading down to the U.S. this winter? Learn more about our car transport service for snowbirds.
FAQs About the New U.S. Registration Requirements
When do the new U.S. alien registration rules take effect?
The new regulations will be enforced starting April 11th, 2025.
Who is required to register under the new rules?
All foreign nationals, including Canadians, planning to stay in the U.S. for more than 30 consecutive days must register with U.S. immigration authorities.
What information is required for the registration?
Registrants must provide personal details such as full name, date of birth, and passport information.
How can Canadians fulfill the registration requirements?
Canadians can fulfill the registration requirements by obtaining an electronic I-94 form (which is automatically issued when arriving in the U.S. by air) or by filling out Form G-325R on the USCIS website if they do not have a current I-94 status.
How do I check if I have a current I-94 status?
You can check your current I-94 status on the CBP website.
What are the penalties for failing to register?
Non-compliance may result in fines of up to $5,000 and/or imprisonment for up to 30 days.
Do Canadians have to submit their fingerprints?
No, Canadians are exempt from the fingerprinting requirement, along with all foreign nationals below the age of 14.
Do these rules apply to short-term visitors?
No, the registration requirement applies only to those staying in the U.S. for more than 30 consecutive days.
Will the registration affect my ability to re-enter the U.S. in the future?
Failure to comply with the registration requirements could impact future travel plans, including potential entry denials.
Where can I find more information about the new regulations?
For the most accurate and up-to-date information, consult the U.S. Citizenship and Immigration Services (USCIS) website.