Immigration lawyers are raising alarms after the case of a Vancouver woman detained by U.S. authorities over a denied visa, warning Canadians that border crossings are becoming increasingly uncertain under current U.S. immigration policies.
Jasmine Mooney, a businesswoman and former actress, was detained at the U.S.-Mexico border near San Diego, California, on March 3. She was held for approximately 12 days before being returned to Vancouver over the weekend. Mooney’s case is now part of a troubling trend, according to U.S. immigration lawyer Jim Hacking, who highlights that people with varying immigration statuses, even permanent residents, have recently faced similar detentions or deportations—actions that are unprecedented in recent years.
The detention was carried out under an executive order signed by President Donald Trump in January, which has led to what immigration lawyers are calling a “full-tilt assault on legal immigration.”
Unprecedented Detention Practices Raise Concerns
Mooney’s case has drawn significant attention due to the harsh conditions she endured during her detention. Her family described the conditions as “inhumane,” with Mooney spending days in a privately-run detention center in Arizona. There, she was placed in a cramped cell with 30 other detainees and had very limited access to basic amenities.
Her detention occurred while she was attempting to secure a TN visa, a work permit under the North American Free Trade Agreement (NAFTA) that allows citizens of Canada and Mexico to apply for certain professional work visas at the border. Unlike other types of visas that require processing through a U.S. consulate or embassy, the TN visa can be processed directly at the port of entry, making it a popular choice for many Canadian professionals.
However, despite this straightforward process, Hacking notes that border officers chose not to simply deny her entry, which would have been a typical course of action for a visa rejection. Instead, they detained her for over a week, sending a clear message about the tightening of U.S. border policies.
“Over my 17 years of practice, I’ve never heard of a TN visa holder being detained for days and prevented from entering,” Hacking explained. “The fact that they chose to detain her is a deliberate effort to deter immigration to the U.S. This is no longer about enforcing immigration law; it’s part of a broader strategy to discourage people from even attempting to enter.”
Increasing Challenges for Immigrants, Especially Canadians
Hacking, along with Vancouver-based immigration lawyer Richard Kurland, advises that the situation is only expected to worsen, with Canadians particularly at risk of being caught in this crackdown. Both lawyers emphasize that Canadian citizens with previous or current work visas, or any other immigration status, should exercise caution when traveling to the U.S.
“It’s no longer business as usual for Canadians crossing the border,” Hacking cautioned. “Many Canadians have grown accustomed to relaxed entry requirements, but those days are over. The current administration’s actions are causing immigration officers to act in ways we haven’t seen before, making it increasingly difficult for Canadians to enter the U.S. without scrutiny.”
Kurland, who specializes in U.S. immigration law, suggests that Canadians seeking to enter the U.S. should be transparent and forthright with border officials. He also warns that applicants should avoid attempting to enter the country if they are told their case should be processed at a U.S. consulate or embassy instead of at the border.
Mooney’s attempt to enter the U.S. from British Columbia, followed by a second attempt from Mexico, further illustrates the inconsistent nature of border controls. “It’s not unusual for identical cases to be accepted by one officer one day and rejected by another the next,” Kurland noted.
A Growing Legal Concern
The case has drawn the attention of both Canadian and U.S. immigration advocates, with many promising to challenge the legality of such detentions. The American Civil Liberties Union (ACLU) and other legal groups are closely watching developments, as the Trump administration’s aggressive stance on immigration continues to evolve.
Both Hacking and Kurland agree that this case underscores the importance of being fully aware of the risks associated with U.S. immigration policies, particularly for those with Canadian residency or work permits. Canadians traveling to the U.S. for work or business should anticipate a stricter environment and be prepared for the possibility of detention or denial of entry.
As the summer months approach, experts are warning of more border complications, urging Canadians to seek professional legal advice and remain cautious when attempting to cross the U.S. border.
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