was thinking about the actual rule
may be subject to a fine of up to $5,000 per day or face criminal prosecution
May = discretionary at law. Unless the public is advised of the basis on which the discretion is exercised, that in my opinion may be sufficient to have these tossed out of court. Unless the word discretion refers to all the exemptions but that is unclear as I would have said that "may" only relates to a fine or charges...so on what basis might a border guard exercise discretion to not fine? Where a discretion is given as I understand there has to be at least a consderation of not fining in order to satisfy the law. If fines are given without reason ??wonder what a border guard would answer if asked the direct question...you have discretion not to fine me..why are you fining me? That would take balls and likely the fastest ticket ever written plus a penatly for good measure.
COVID-19 Travel exemptions from testing and quarantine