TN Visa Applicant Detained After Filing Application At Border
USCBP border officers at the U.S. port-of-entry in San Ysidro have denied a Canadian citizen's TN visa status application (presumably filed under the Management Consultant TN category), and apparently placed her in removal proceedings. She has been detained by U.S. immigration since March 3rd, and is currently being held at the San Luis Regional Detention Center near Yuma, Arizona. It seems that this individual has had issues with her TN visa eligibility in the past. In November 2024, USCBP revoked a previously issued TN work permit (likely also issued under the Management Consultant TN category).
It is very unusual for a TN visa applicant to be detained and placed in formal removal proceedings. If USCBP believes an individual does not qualify for TN visa status, then the typical outcome is a denial of entry to the U.S. If officers believe that an applicant has committed an immigration violation either in the past (e.g. working without authorization) or during the application process (e.g. making a misrepresentation in their paperwork), the normal course of action is to expedite remove the individual. This means that the person is immediately denied entry to the U.S. and turned away. The individual is also penalized. They are either barred from returning to the U.S. for 5 years, or for their lifetime where misrepresentation or fraud is alleged. In fact, a legacy INS memo stated that in instances of a TN application denial, Canadian citizens should either be permitted to withdraw their application for admission or be placed in expedited removal proceedings. They should not be detained and placed in formal removal proceedings.
It is difficult to speculate what the issue is here. It is possible that officers along the U.S. / Mexico border made a mistake by placing this individual in detention given that they do not handle a significant amount of TN visa applications filed by Canadian citizens. Alternatively, this could be a sign of a more heavy handed approach by USCBP to alleged visa infractions as part of the Trump administration’s immigration crackdown. In addition to the increase of removal proceedings (civil proceedings), the government also recently announced that the DOJ is making immigration enforcement a prosecution priority. This means that in addition to being penalized under U.S. immigration law, e.g. by being removed and barred from the U.S., individuals may also be subject to criminal prosecution for certain immigration violations.