Employers need to advise workers before business trips
In the aftermath of Sept. 11 and as authorities continue the search for those connected to the terrorist attacks, there has been a tightening of both U.S. and Canadian immigration.
A recent Zogby International poll released by the Centre for Immigration Studies found that Americans strongly believe that significant changes in immigration policies are needed. The poll examines whether Americans think authorities are doing enough to control U.S. borders and screen those allowed into the country. The results: by a wide margin, the American public feels that lack of control made it easier for the terrorists to enter the country. Moreover, Americans believe that a dramatic increase in border control and greater efforts devoted to enforcing immigration laws will reduce the chance of future attacks.
It is no surprise then that on Sept. 26 the Washington Post reported that the Justice Department is making extraordinary use of its power to arrest and detain individuals, taking the unusual step of jailing hundreds of people on minor immigration violations.
New laws on both sides of the border
More recently, on Oct. 26 U.S. President George W. Bush signed into law anti-terrorism legislation that includes fundamental changes to U.S. immigration laws. Both the House and the Senate passed the bill with little opposition. It contains provisions that expand the definition of terrorism for the purposes of inadmissibility to, and removal from, the U.S., and provides for the mandatory detention of non-citizens whom the Attorney General suspects of having engaged in terrorist activity.
In Canada, there is a similar tightening of immigration. Citizenship and Immigration Minister Elinor Caplin has moved ahead with plans for stricter legislation. The proposed bill gives Canada stronger authority to arrest and detain those posing a security threat. But it has far wider reach. It makes it an offence to knowingly aid, counsel or attempt to counsel anyone to misrepresent or withhold material facts. It provides for a fine of up to $100,000.00, imprisonment for up to five years or both as the punishment for counseling or making a misrepresentation to Canadian immigration authorities.
Impact on employee travel
The Canadian bill could directly impact employees traveling for business or work. It extends beyond what an employee says to an immigration officer and what the corporate employer states in its letter of support. It could also come into play where an employee, encountering difficulty at a port of entry, implicates the HR department or a manager as the source of problematic advice. It would be a contravention of this legislation to encourage or suggest that an employee travel as a business visitor when in fact he or she will be carrying on employment duties.
The events of Sept. 11 and the resulting emphasis on security will certainly affect travel to and from the U.S. – and perhaps throughout the world – for all of us. Those being interviewed by immigration authorities for business or work travel can expect longer interviews and tougher questioning. They should also expect increased scrutiny of their documentation.
Travel tips
Here are some simple pointers for ensuring that employee cross-border travel is as painless as possible.
Always request that employees:
•check with HR well in advance of their travel to ensure that there is sufficient time to determine exactly what documentation they will need and to locate this documentation. Authorities are now more likely to request original documents, transcripts and reference letters.
•advise HR if they have ever been refused entry to the United States before. Authorities will be routinely checking for this information in their databases
•advise HR if they have ever been convicted of a criminal offence, including minor criminal convictions. This includes incidents that may have occurred years ago.
•make sure that they travel with a valid passport. Renew those that are close to expiry.
Caution employees against:
•arriving at the airport or border at the last minute.
•assuming that the requirements applicable to a friend or colleague will also apply in their situation.
•being unprepared for their interview with airport pre-flight inspection or border port of entry authorities
•misrepresenting themselves or any aspect of their circumstances to immigration authorities. Remind employees of the importance of always accurately explaining the purpose for their travel – this is particularly important now.
•antagonizing immigration authorities. Instead, they should remain calm and request an opportunity to address the officer’s concerns.
Cross-border travel will certainly be more difficult in the future. In the wake of the Sept. 11 tragedy, the Globe and Mail reported that U.S. Attorney-General John Ashcroft called the U.S.-Canada border a “transit point” and will tighten security along the Canadian border. Moreover, in Washington, U.S. Customs Service Commissioner Robert Bonner recently told a special hearing of a U.S. Senate subcommittee on the United States' northern border that staff at points of entry are likely to remain on the highest level of alert "for the foreseeable future." Similarly, Canadian authorities are moving ahead with “get tough” legislation.
To minimize the effect on business, it is critical that employees be well advised and prepared for business and work travel.
Nan Berezowski BA, LL.B is a Corporate Client Strategist at Greenberg, Turner, a Human Resources Law Firm in Toronto, www.gt-hrlaw.com. She may be reached at (416) 943-0685 or by e-mail at [email protected].
A recent Zogby International poll released by the Centre for Immigration Studies found that Americans strongly believe that significant changes in immigration policies are needed. The poll examines whether Americans think authorities are doing enough to control U.S. borders and screen those allowed into the country. The results: by a wide margin, the American public feels that lack of control made it easier for the terrorists to enter the country. Moreover, Americans believe that a dramatic increase in border control and greater efforts devoted to enforcing immigration laws will reduce the chance of future attacks.
It is no surprise then that on Sept. 26 the Washington Post reported that the Justice Department is making extraordinary use of its power to arrest and detain individuals, taking the unusual step of jailing hundreds of people on minor immigration violations.
New laws on both sides of the border
More recently, on Oct. 26 U.S. President George W. Bush signed into law anti-terrorism legislation that includes fundamental changes to U.S. immigration laws. Both the House and the Senate passed the bill with little opposition. It contains provisions that expand the definition of terrorism for the purposes of inadmissibility to, and removal from, the U.S., and provides for the mandatory detention of non-citizens whom the Attorney General suspects of having engaged in terrorist activity.
In Canada, there is a similar tightening of immigration. Citizenship and Immigration Minister Elinor Caplin has moved ahead with plans for stricter legislation. The proposed bill gives Canada stronger authority to arrest and detain those posing a security threat. But it has far wider reach. It makes it an offence to knowingly aid, counsel or attempt to counsel anyone to misrepresent or withhold material facts. It provides for a fine of up to $100,000.00, imprisonment for up to five years or both as the punishment for counseling or making a misrepresentation to Canadian immigration authorities.
Impact on employee travel
The Canadian bill could directly impact employees traveling for business or work. It extends beyond what an employee says to an immigration officer and what the corporate employer states in its letter of support. It could also come into play where an employee, encountering difficulty at a port of entry, implicates the HR department or a manager as the source of problematic advice. It would be a contravention of this legislation to encourage or suggest that an employee travel as a business visitor when in fact he or she will be carrying on employment duties.
The events of Sept. 11 and the resulting emphasis on security will certainly affect travel to and from the U.S. – and perhaps throughout the world – for all of us. Those being interviewed by immigration authorities for business or work travel can expect longer interviews and tougher questioning. They should also expect increased scrutiny of their documentation.
Travel tips
Here are some simple pointers for ensuring that employee cross-border travel is as painless as possible.
Always request that employees:
•check with HR well in advance of their travel to ensure that there is sufficient time to determine exactly what documentation they will need and to locate this documentation. Authorities are now more likely to request original documents, transcripts and reference letters.
•advise HR if they have ever been refused entry to the United States before. Authorities will be routinely checking for this information in their databases
•advise HR if they have ever been convicted of a criminal offence, including minor criminal convictions. This includes incidents that may have occurred years ago.
•make sure that they travel with a valid passport. Renew those that are close to expiry.
Caution employees against:
•arriving at the airport or border at the last minute.
•assuming that the requirements applicable to a friend or colleague will also apply in their situation.
•being unprepared for their interview with airport pre-flight inspection or border port of entry authorities
•misrepresenting themselves or any aspect of their circumstances to immigration authorities. Remind employees of the importance of always accurately explaining the purpose for their travel – this is particularly important now.
•antagonizing immigration authorities. Instead, they should remain calm and request an opportunity to address the officer’s concerns.
Cross-border travel will certainly be more difficult in the future. In the wake of the Sept. 11 tragedy, the Globe and Mail reported that U.S. Attorney-General John Ashcroft called the U.S.-Canada border a “transit point” and will tighten security along the Canadian border. Moreover, in Washington, U.S. Customs Service Commissioner Robert Bonner recently told a special hearing of a U.S. Senate subcommittee on the United States' northern border that staff at points of entry are likely to remain on the highest level of alert "for the foreseeable future." Similarly, Canadian authorities are moving ahead with “get tough” legislation.
To minimize the effect on business, it is critical that employees be well advised and prepared for business and work travel.
Nan Berezowski BA, LL.B is a Corporate Client Strategist at Greenberg, Turner, a Human Resources Law Firm in Toronto, www.gt-hrlaw.com. She may be reached at (416) 943-0685 or by e-mail at [email protected].
