Thursday, February 16, 2012

What if a Canadian is pulled over in Alabama?

I've been watching a lot of news stories about Alabama's "papers please" laws, including the story this week about the Mercedes Benz executive who was arrested.



The reason I ask specifically about Canada is because Canadians are the only nationality (that I'm aware of) that do not receive any stamps or immigration documentation (like an I-94) upon entry into the USA.



So, if at one of these "license checks" in Alabama a Canadian is pulled over and they show their Canadian driver's license, then what? The officer asks to see their passport and any immigration documents. Well, guess what, there's no stamp or any immigration documents to be found. How does the officer confirm immigration status? He can't!



So then what? Does the officer proceed to arrest the Canadian even though they probably entered legally? Even if they contact ICE, they probably won't be able to actually confirm that the Canadian is legal since no entry documents were ever issued.What if a Canadian is pulled over in Alabama?
Their drivers license is all they need. They are not going to be asked for anything else and certainly not arrested.
He doesn't need to prove immigration status because you are not immigrating, you are visiting.

The law is for people who claim to live in Alabama (or in the US in general) and they have a US drivers license but nothing to show they are legally entitled to it such as some document of US citizenship or a US visa to show they are lawfully LIVING in the US.

As you are showing a Canadian drivers license and you are claiming to be a visitor you are not LIVING in the US and don't need to have immigration papers. The passport or enhanced drivers license you showed when entering the US will do just fine.What if a Canadian is pulled over in Alabama?
It won't be a problem because the US requires that all Canadians have a passport to enter the country. Americans to re-enter too btw.



-it's kind of funny since I just looked it up the other day. Canada will allow me to enter their country with just a Birth Certificate or equivalent but I cannot get back into the US with anything but a passport.
It takes second to check your passport with ICE, and your entry was recorded. This is not an issue.



Besides, unless you are Hispanic looking, they will not pull you over.



If it worries you, don't go to Alabama (probably a good plan at the best of time)What if a Canadian is pulled over in Alabama?
The drivers license is all they need so your concerns are needless and without merit.
Please don`t judge the US on Al`Abama dated fears and actions. We have a generation problem in the US right now.
The hang him in Texas
There is no provision in the law which says that the ID must be a stamped passport, a passport, or that it is in anyway verifiable by the police officer. A Canadian could hand the police officer an unstamped passport, a passport card, a NEXUS pass, or an enhanced driver's license -- or a US green card or student visa. Nothing in the law says that the police officer has to call border services and see that the passport (NEXUS, or EDL) was scanned within the last 180 days -- anymore than the law requires them to contact border services and check that a stamp was real or the State Department to see if a green card is real.



Yes, he could call border services and they would tell him to the best of their ability. All passports, NEXUS, and EDL are scanned upon entering the country. Canadian border services shares their scanning information with the US, so US border services usually know exactly how long you've been in the country. However, this is not 100% reliable. With millions of crossings each day, either side could forget to scan it, people could enter with a NEXUS and leave with a passport, they could have multiple passports, they could leave through a third country (which doesn't share information with the US), etc. It is generally so unreliable, that INS almost never follows up on Canadian visa overstays flagged by their computers.



I travel to the United States fairly often -- including Arizona. Yes... if pulled over the police officer has to make a call whether the documentation provided is legitimate. Yes... my passport won't have a stamp. However, I can provide any number of things which show I'm a tourist or there on business -- hotel reservations, return plane tickets, my address in Canada, my credit cards receipts, names of US businesses I'm visiting, my insurance information, my IMAX pass, etc., etc. If the officer really thinks I'm living or working illegally in the country, I'm happy proofing that I live in Canada and will be returning there.



In the case of the Germany executive... he didn't have license plates, he didn't have his passport with him, and he didn't have insurance. They let him call a friend to bring him his passport and they let him go once he did. It wouldn't occur to me that I wouldn't be taken to the police station in such a situation. And have no doubt that an American found in Canada in a similar situation would be detained... not necessarily for failing to produce a passport, but driving without license plates or insurance carry such high fines that the police will likely hold you pending proof you can pay them.

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