KENNEDY, SCHUMER DOUBLE DOWN ON PUSH FOR CANADA TO CURB ‘FLAGPOLING’; LAWMAKERS SAY WHILE PROGRESS HAS BEEN MADE, MORE NEEDS TO BE DONE TO CLOSE THIS LOOPHOLE CREATING CONGESTION AT WESTERN NY BORDER CROSSINGS

Letter

Minister Miller:

We write to address the issue of "flagpoling" at our Northern Border, which delays travel, disrupts U.S.-Canada commerce, and strains U.S. Customs and Border Protection (CBP) resources. We urge Canada to collaborate with the United States to end this practice or implement solutions, such as an appointment-based system for flagpoling applicants, to reduce its impact. With our shared border already under-resourced, this added strain causes unnecessary travel delays, deters tourism, and harms Western New York's economy.

As you know, “flagpoling” is when individuals with temporary status in Canada briefly exit and re-enter Canada at a port of entry (POE) to circumvent long delays and update their immigration status quickly. This loophole in Canadian law is increasingly exploited, particularly in Western New York, where we see thousands of flagpoling cases each month. Last year, 61,561 instances of flagpoling were reported nationwide. Each flagpoling case requires a significant amount of time for a CBP Officer to process and distracts from their other security priorities.

We acknowledge and appreciate Canada’s efforts to restrict flagpoling, after our advocacy earlier this year, including efforts from the Canada Border Services Agency (CBSA) to restrict the hours for flagpoling at 12 points of entry and, Immigration, Refugees and Citizenship Canada’s (IRCC) decision to no longer allow those applying for post-graduation work permits to flagpole. These actions are well-intentioned and helpful, but they do not go far enough in significantly reducing or eliminating flagpoling.

We urge Immigration, Refugees and Citizenship Canada (IRCC) to work with CBSA to pursue one of two actions: either close the flagpoling loophole or require applicants to schedule appointments in advance, ensuring they are only seen with a confirmed appointment. Appointment-based scheduling, successfully implemented at the Champlain POE in Quebec, would streamline processing, enhance the order of our immigration system, and alleviate resource strain at the northern border. A smoother process would significantly reduce flagpoling cases, allowing our border agencies to better prioritize their efforts.

We are optimistic that the IRCC, in coordination with CBSA, will recognize the effectiveness of an appointment-based system and adopt this scheduling system nationwide in Canada. We stand ready to assist and find solutions that benefit the United States and Canada. Thank you for your continued partnership in ensuring the lawful crossing of people and goods across our shared border, a symbol of our nation’s close ties and friendship.

We look forward to hearing from you.

Source