A motorist scans a Nexus card at the Douglas-Peace Arch border crossing in Surrey, British Columbia, February 5, 2020. DARRYL DYCK/The Canadian Press
A dispute over legal protections for U.S. customs officials has closed Nexus enrollment centers in Canada more than three months after they reopened south of the border — in part because of a clash over the right of U.S. agents to carry guns on Canadian soil.
The standoff has led to a huge backlog of applications for the program, which allows pre-approved travelers to cross the border more quickly.
The Canada Border Services Agency says the number of Nexus applications rose to 341,688 from about 270,000 in April at a time when delays are wreaking havoc on travelers’ summer plans.
Canada and the U.S. continue to discuss when the 13 enrollment centers will reopen for applicant interviews as the two sides try to clarify “legal protections” for U.S. customs officials while working at the jointly staffed centers, said agency spokeswoman Rebecca Fart in email.
US Customs and Border Protection confirmed that the detention revolved around the legal “authorities” for the Nexus office staff.
“One example may include the right to carry or have access to a firearm while on duty,” spokeswoman Rhonda Lawson said in an email.
Two senior Canadian government sources told The Canadian Press that the U.S. wants its customs officials who work at Nexus centers to have the same protections guaranteed as its preclearance officers in Canada under a bilateral agreement, with weapons a major sticking point in negotiations.
The sources spoke on condition of anonymity because they were not authorized to discuss the matter publicly.
All first-time Nexus applicants whose initial documents are approved must attend an interview at the enrollment center before receiving the green light. Some existing cardholders also need to book a sit-down appointment to renew their membership, which expires after five years.
About 75 percent of current Nexus members are Canadian citizens, and another three percent are permanent residents, according to the border agency.
While Canadians are allowed to head to one of a dozen U.S. Nexus centers located near the border, the wait is long. Five locations don’t have appointments available, and four won’t until next year, according to the U.S. Department of Homeland Security website. The only three locations open in 2022 are in Minnesota and Michigan’s Upper Peninsula.
The delay affects tourism and inconveniences frequent border crossers.
“If you have more people with Nexus, they get through faster and don’t jam up the other line,” said Jill Wykes, editor of Snowbird Advisor, an online resource for snowbirds.
“Many other government offices are open,” she said. “I think it’s inexcusable.”
Enrollment centers were closed in March 2020 due to the COVID-19 pandemic. Those in the US reopened on April 19.
Since then, airports around the world have struggled with long queues for security and customs amid staff shortages and massive travel resumptions.
“It certainly made the delay worse,” Duncan Dee, Air Canada’s former chief operating officer, said of Nexus’ declining passenger numbers.
Added Teamsters Canada spokeswoman Catherine Cosgrove: “I haven’t even applied for Nexus because it doesn’t make sense.”
Prime Minister Justin Trudeau declined to say whether firearms were at the root of the impasse.
“I think it’s really important that we can stay true to our values as Canadians, but respect the way we have to work together,” he told reporters Friday during a visit to Stratford, PEI
“Talks are ongoing and we will try to make sure they are resolved in a way that is acceptable to both parties.”
Like the Fast program for long-haul truckers, Nexus is a “trusted traveler” program that expedites entry for pre-authorized border crossings, typically through separate lines and automated kiosks at land crossings and airports, as well as seaports.
In addition to the question portion, first-time interviews at enrollment centers include a high-resolution iris photo and fingerprints to be used for scanning at border kiosks.
Most Nexus processing centers are located in airports, although they are separate from customs halls.
“Why does an American officer need a gun during the Nexus interview? It’s not necessary,” said Len Saunders, an immigration lawyer based in Blaine, Washington, south of Vancouver. He echoed one of the Canadian government sources who noted that all interviewees will now be provisionally approved following their background checks.
An agreement between Canada and the U.S. that came into effect in 2019 set out certain protections for U.S. border officials working in advance authorization zones on Canadian soil and vice versa.
Pre-clearance is when customs and immigration officials in the country of destination allow travelers into the country of origin – for example, US customs clearance at the Toronto airport before boarding a flight to Los Angeles. The US operates preclearance sites at eight Canadian airports and one ferry.
Protections under the 2019 agreement include, for example, US border guards being tried in a US court for most crimes if they are accused of a crime while on duty in Canada. The agreement also specifies that U.S. customs officials can carry firearms anywhere Canadian Border Patrol agents can.
Neither CBSA nor US employees are permitted to carry weapons in Nexus centers. In the case of Nexus hubs at airports, the locations are different from pre-clearance areas.
The U.S. is seeking to enforce the terms of the prior authorization agreement for agents working in Nexus offices not specifically covered by the binational scheme, according to Saunders and the two government sources.
Not all stakeholders see Nexus as the key to reducing overall wait times.
“It would be good to reopen them,” said Mark Weber, president of the Canadian Customs and Immigration Union, which represents about 10,000 border officials.
“But opening the Nexus offices certainly won’t get people to the front lines where we really need them.”
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