The Secretary of the Green Valley Canadian Club recently contacted the Canadian Consulate and the U.S. Border Patrol to determine the law applying to Canadians when passing through the Border Patrol checkpoint north of Tubac.   The details of that inquiry follow.

Passports and Border Patrol Checkpoints

Several members of the Canadian club have reported being asked for their passports when passing through Border Patrol checkpoints between Green Valley and Tubac and elsewhere. 

To shed some light on the matter, we posted a question on the Customs and Border Protection's Customer Service Center web site asking about the need to carry passports.  The reply stated, “as a foreign national visiting the U.S. your passport and visa are the only documents for identification recognized by the U.S.  Therefore these documents should be on your person at all times.”

To obtain further clarification, we sent a letter to the head of the Border Patrol in Tucson, Chief Patrol Agent Robert M. Gilbert.  The reply indicates that Canadians, like other foreign nationals, are required to carry proof that verifies their right to remain in the United States.  Note that failure to comply could result in a fine or imprisonment.

The relevant portion of the letter sent over the signature block of Chief Patrol Agent Gilbert reads as follows:

“Pursuant to United States law, Border Patrol Agents may stop each vehicle encountered at Border Patrol checkpoints.  Agents may inquire as to the citizenship and nationality of the occupants of the vehicle, to include requesting to inspect any documents evidencing the occupant’s right to be in the United States.

“Additionally, any alien present in the United States is required to retain, in his or her possession, documents verifying their right to remain in the United States.  Only original documents are acceptable.  Title 8 U.S.C: § 1304 (e) provides as follows:

Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section.  Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanour and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more that 30 days, or both.”