In addition, some experts say that if the US authorities cancel the Canadian NEXUS card, it is difficult to appeal the decision.
Very few people have succeeded [à gagner leur appel] And for a year and a half, it’s almost impossible [de le faire]According to Toronto attorney Cindy Todgam Cherniak.
The NEXUS Trusted Traveler Program, jointly administered by the Canadian Border Services Agency (CBSA) and US Customs and Border Protection (CBP), allows cardholders to expedite their passage through customs and airports.
But while Americans represent a smaller percentage of members, figures obtained by CBC News show that US agents are responsible for 77% of NEXUS card cancellations.
In total, 15,807 NEXUS cards were revoked between January 1, 2016 and May 25, 2021.ASFCThey said they canceled 3,591 cards, or 22% of cancellations, while US agents CBP 12,216 cards have been invalidated.
The US service can’t say how many canceled cards were held by Canadians and how many US cards, according to Rhonda Lawson, a US spokeswoman. CBP.
But overall, Lawson adds, 70% of cards have been invalidated beforeASFC
Ms Lawson said people whose card has been canceled or whose applications have been rejected by US authorities can appeal to the US Ombudsman. CBP.
According to Mr. Todgam Cherniak, the appeal is not a straightforward process.
There is no robust and transparent process to challenge the confiscation or cancellation of the NEXUS card by the US authorities.
Me Todgham Cherniak has won a recent case in Canadian Federal Court where a judge ruled that a Montreal businessman should not lose his NEXUS card for a minor infraction. The judge also ruled that it was up to government officials to explain why a minor offense had caused him to lose confidence.
While there is a process for Canadians or Americans whose NEXUS card has been canceled byASFC, difficult to reach the ombudsman in CBP as you say.
Last year, we sent a number of Canadians hard copies of applications to the ombudsman’s office in CBP United Statesas you say.
They were all returned because he moved.
So we called CBP. Nobody in this department knows where [le bureau de l’ombudsman] have moved. They didn’t know who to write to or how to communicate with anyone.
Retired attorney Ruth Hornstein attempted to appeal to an ombudsman when her newly renewed NEXUS card at Montreal Trudeau Airport was canceled in 2018 because a friend he was traveling with had an apple and avocado in his wallet, a violation of US farming rules.
I was told: “I’m sorry, you can’t get your NEXUS card back, it’s been invalidated for life”.
According to Robert Liu, a New York attorney who represented Canadians whose NEXUS cards were canceled by US authorities, Americans adopted a zero-tolerance policy long ago.
Anything out of the ordinary at the border, they remove the NEXUS card, He said.
Mr. Liu agrees: It is not easy to appeal the decision to cancel the card.
There are no regulations in the US, unlike in CanadaLiu told me.
He estimates that his cabinet wins about 30% of his appeals. He says that those looking to file an appeal should first use the US Access to Information Act to obtain copies of their records. It may also be useful to demonstrate a history of transiting US territory without offense before or after the incident.
The only thing someone has to prove is that they were a trusted traveler before, and that they are a trusted traveler now and then. [l’infraction] is an aberrationLiu told me.
Todgam Cherniak adds that she would like the Canadian government to step in and urge the US government to improve the appeals process.
The Canadian government should contact the U.S. government saying:
With information from Elizabeth Thompson, CBC News