Driving south for the winter? You may have to register with the U.S. government after new Trump executive order

Snowbirds who call sunny American destinations like Florida home for the winter may have to register online with the United States government — or face criminal and civil penalties.

Canadians have traditionally been exempt from registering, but that changed when U.S. President Donald Trump signed an executive order in late January titled Protecting the American People Against Invasion.

The order directs the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act.

It states that “all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting.

“It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.”

On its website, the U.S. Department of Homeland Security specifically singles out “Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration.”

Enforcement will begin on April 11, according to multiple published reports.

Air travellers are usually registered upon entry at airports through an electronic Form I-94 admission record issued by U.S. Customs and Border Protection, but travellers crossing land borders don’t always get the form.

Global Affairs Canada tells CityNews in a statement that it’s “aware of the guidance recently published by the US Citizenship and Immigration Services … and is closely monitoring this development.

“Each country decides who enters its borders,” it adds.

“The decision to travel is the sole responsibility of the traveller.”

The Canadian Snowbird Association (CSA), a national not-for-profit advocacy organization for Canadian travellers, says its representatives are currently working with Congressional representatives to “amend this registration requirement and exempt Canadian travellers from having to register with U.S. Citizenship and Immigration Services (USCIS).”

In the meantime, it offers the following advice for snowbirds:

1) Snowbirds are advised to check to see if they were issued an electronic I-94 upon entry to the United States. This can be done by visiting, https://i94.cbp.dhs.gov/home.

Select “Get Most Recent I-94,” agree to the terms of service, then enter your traveller information. This includes your first and last name, date of birth, country of citizenship and your document number (passport number).

If your latest I-94 appears, there is no further action required on your part. An electronic I-94 means you have already registered with the federal government.

2) If an I-94 has not been found, it is advised that you register with U.S. Citizenship and Immigration Services (USCIS).

“At this time, the (online) registration portal is not active,” the CSA says. “Once the registration process is implemented, travellers can submit their registration through a USCIS online account. The CSA will be providing members with further information and instructions once the registration process is available.”

Berardi Immigration Law notes on its website that the penalties for failure to comply with registration requirements include fines up to $5,000 or imprisonment for up to six months — or both.

“While historically Canadian citizens have enjoyed visa exemption and verbal inspection at land borders without formal documentation, the new requirements directly impact this process,” the law firm adds.