Canada Responds to Trump Tariff Threat with Enhanced Border Security and Further Restrictions to Immigration Policy…Plus Other Immigration Updates
In response to the threat of tariffs from incoming President Trump, Canada has announced a plan to strengthen border security and the Canadian immigration system. The plan focuses on disrupting the fentanyl trade and organized crime, as well as responding to irregular migration, and may become effective in early 2025. Several new policies within the plan may affect business immigration:
Bar on Flagpoling
In an effort to manage border volumes and redirect resources, the government will put an end to the practice of ‘flagpoling’, which happens when a temporary resident leaves Canada, enters the United States, and immediately returns to Canada through a land border to get immigration services from Canadian border officers. Temporary residents will need to apply for all necessary immigration services online after they have already entered Canada, removing the option to apply at a port of entry.
Ability to Cancel or Suspend Applications
Legislation will be passed to permit authorities to cancel, change or suspend immigration documents and to cancel, suspend or stop accepting new applications. This would be done for groups of immigration documents or applications when determined to be in the public interest, or on an individual case-by-case basis. Additional measures include imposing new restrictions on countries that do not rapidly facilitate the return of their citizens in the event of fraudulent entry or a removal order.
Increased Information Sharing Between Canada and the United States
Canada has also committed to enhancing and expanding information and intelligence sharing arrangements between federal, provincial, territorial and Indigenous authorities to manage the border, with a focus on fentanyl trafficking, human smuggling and organized crime. The government will also introduce enhanced vetting with the United States of all eTA (Electronic Travel Authorization) applicants to screen for high-risk individuals.
Canada to Remove LMIA-based Job Offer Points from Express Entry Comprehensive Ranking System
In a television interview aired on December 17, 2024, Canada’s Immigration Minister announced that the ability of Express Entry applicants to obtain points toward their Comprehensive Ranking System (CRS) score through a job offer supported by a Labor Market Impact Assessment (LMIA) will end. For many applicants, obtaining the extra 50-200 points is critical to obtaining a sufficiently high CRS score to get an Invitation to Apply for permanent residence. Per the Immigration Minister, the policy will be effected to reduce the number of fraudulently purchased LMIAs and reinforce the integrity of the program.
What these changes mean for our clients
The bar on flagpoling may landlock temporary workers and residents in Canada until their inland application is approved. We recommend submitting extension applications far in advance of an employee’s expiry to give ample time for processing given the government’s long and dynamic processing times.
We also anticipate a higher level of scrutiny with respect to new applications submitted at the port of entry and consulates. The authorities may request unique and additional documentation even after an application has been submitted. Port of entry applicants may experience an increase in inspections at airports and land borders.
Express Entry candidates may face challenges to obtain a high enough CRS score to be invited to apply for permanent residence. Candidates will need to rely on different human capital factors such as Canadian and foreign work experience and language scores to bolster their CRS score. It is unclear if the new rule will apply to applicants with LMIAs who are currently in the Express Entry pool, or to applicants who submit an Express Entry profile when the rule is effected.
We expect the new policies articulated above to come into effect in the New Year when the Canadian parliament resumes session on January 27, 2025.