Press Releases

With holiday travel entering full swing, U.S. Congressman Tim Kennedy and U.S. Senator Chuck Schumer today doubled down on their previous push to demand the Canadian Government to curb “flagpoling” at Western NY border crossings. Since launching their push earlier this year, Canada has restricted and limited the hours for this practice, as well as closing this loophole for those seeking post-graduation work permits, but the lawmakers in a new letter today said more needs to be done to stop this practice which has increased wait times and traffic for residents and tourists in Western NY.

In a letter to the Minister of Immigration, Refugees and Citizenship of Canada Marc Miller, the Congressmembers write, “With our shared border already under-resourced, this added strain causes unnecessary travel delays, deters tourism, and harms Western New York's economy.”

The lawmakers explained the ‘flagpoling’ loophole enables foreign nationals living in Canada to cross the border in and out of Canada and get permits and visas processed faster than if they submit their materials to immigration offices in the Canadian Interior. It is referred to as flagpoling because those Canadians who require visas or work permits and are already in Canada must simply go to a border and travel ‘around the flagpole’ before presenting themselves at the border. Schumer said because visa or permit applications can be processed within days at the border, versus 6-9 months, or more, if submitted online or by mail, there has been an increase in the number of people who flagpole.

Earlier this year, Schumer stood at the Rainbow Bridge connecting Niagara Falls in Canada and New York to launch his push for the Canadian government to address flagpoling. The lawmakers acknowledged Canada’s efforts to restrict flagpoling by restricting the hours for flagpoling at 12 points of entry and no longer allowing those applying for post-graduation work permits to flagpole. However, they said these measures do not go far enough to significantly reduce or eliminate the practice and are now, along with U.S. Customs and Border Protection, pushing for Canada to tackle this issue once and for all.

A copy of Senator Schumer and Congressman Kennedy’s letter to Minister Miller can be found below:

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.

###