AMERICAN STANDOFF: Why Canadian Nexus centres are still closed

A dispute over legal protections for American customs officers has kept Nexus enrollment centres closed in Canada more than three months after they reopened south of the border due in part to a clash over US agents’ right to carry guns on Canadian soil.

The standoff has led to a massive backlog in applications for the program, which allows pre-approved travellers to cross the border more quickly.

The Canada Border Services Agency says the number of Nexus applications has ballooned from 270,000 in April to more than 341,000 at a time when travel delays are wreaking havoc on passengers’ summer plans.

Agency spokeswoman Rebecca Purdy said in an email that Canada and the US remain “in discussions” about when the 13 enrolment centres will reopen for applicant interviews, as the two sides try to clarify “legal protections” for American customs officers while they are working at the jointly staffed centres.

US Customs and Border Protection confirmed the hold-up revolves around legal protections for its Nexus office staff, saying in an email “one example could include the authority to carry or have access to a firearm while on duty.”

Two senior Canadian government sources told The Canadian Press the US wants its customs officers who work in Nexus centres to have the same protections guaranteed to its other preclearance officers on Canadian soil, with sidearms as a major sticking point in the talks.

All first-time Nexus applicants whose initial submissions are approved must come in for an enrolment centre interview before they get the green light. Some existing cardholders must also book an interview to renew their membership, which expires after five years.

About 75% of current Nexus members are Canadian citizens, and another 3% are permanent residents, according to the border agency.

While Canadians are allowed to head to one of 13 Nexus centres in the US – all are located near the border – many locations have no appointments available.

“Current interview wait time: 1 year,” states the website for the enrolment centre in Port Huron, Mich.

The delay is affecting Canadian tourism and causing inconvenience for frequent border crossers.

“If you had more people with Nexus, they get through faster and they don’t clog up the other line,” said Jill Wykes, editor of Snowbird Advisor, an online resource for snowbirds, adding, “Many other government offices are open. I think it’s inexcusable.”

Meanwhile, airports continue to grapple with long security and customs queues amid staffing shortages.

“It for sure has exacerbated the delay,” said Duncan Dee, Air Canada’s former chief operating officer.

Added Teamsters Canada spokeswoman Catherine Cosgrove: “I haven’t even applied for Nexus, because there’s no point.”

The dispute has come up in recent discussions between Public Safety Minister Marco Mendicino and US Homeland Security Secretary Alejandro Mayorkas, according to a Canadian government source.

Most Nexus processing centres are located at airports, though they are separate from customs halls.

“Why does an American officer need a gun during the Nexus interview? It’s not necessary,” said Len Saunders, an immigration lawyer based in Blaine, Wash., just south of Vancouver. He noted any interviewees would already be provisionally approved following their background checks.

A Canada-US agreement that took effect in 2019 laid out certain protections for US border officers working in preclearance areas on Canadian soil and vice versa.

However, neither CBSA nor US officers are permitted to carry guns in Nexus centres. In the case of Nexus centres inside airports, the locations are distinct from preclearance areas.

The US is seeking to apply the terms of the preclearance agreement to agents working in Nexus offices, which are not explicitly covered by the binational scheme, according to government sources.

Prime Minister Justin Trudeau declined to say whether firearms were at the heart of the impasse. “I think it’s really important that we are able to stay true to our values as Canadians but respect the way we need to work together,” he told reporters Friday on a visit to Stratford, P.E.I.

He added, “There are ongoing conversations right now and we’re going to try and make sure they get resolved in a way that is acceptable to both sides.”

Not all stakeholders see Nexus as key to reducing overall wait times.

“It would be good to have them open again,” said Mark Weber, president of Canada’s Customs and Immigration Union, which represents some 10,000 border guards. “But opening the Nexus offices will certainly not get people on to the front line, where we really need them.”