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-   -   Dispute over Legal Protections for CBP Officers at Canadian NEXUS Enrollment Centers (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/2087994-dispute-over-legal-protections-cbp-officers-canadian-nexus-enrollment-centers.html)

TWA884 Jul 22, 2022 2:07 pm

Dispute over Legal Protections for CBP Officers at Canadian NEXUS Enrollment Centers
 
Dispute with U.S. keeps Canada's Nexus offices closed

Nexus enrolment centres in Canada, shuttered temporarily during the COVID-19 pandemic, have remained closed for weeks longer than expected due to an ongoing dispute with the United States over “legal protections” for U.S. staff at the centre, including the ability of American customs officers to carry firearms.

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“These discussions are focused on clarifying legal protections for US CBP (Customs and Border Protection) officers while they are working in Canadian enrolment centres. Until that time, enrolment centres in Canada will continue to be closed,” said CBSA spokesperson Sandra Boudreau in a written statement.

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The Canadian government limits the presence of armed foreign officers on Canadian soil. A federal law passed in 2017 allows U.S. officers to carry sidearms if they’re working in an environment where CBSA officers are usually armed, however, that is usually not the case in Nexus enrolment centres.

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ewoo Jul 22, 2022 2:39 pm

I have never understood why CBP agents need to be armed unless they are working in the field (i.e, trying to arrest someone).

I've also never understood why the people who check passports in the airport must be fully uniformed law enforcement officers...It affects the hiring because it eliminates a whole swathe of potential candidates who might otherwise have the communication/language/social skills needed in such a position.

GUWonder Jul 22, 2022 3:59 pm

I hope the Canadians stick to their guns on this gun matter and don’t cave to USG/CBP pressure.

If the Canadians don’t feel their own people need guns in such circumstances, then they most certainly shouldn’t allow foreign agents to have them there either.

This is just another one of the many pushes to allow more Americans abroad to carry guns abroad.

MDTyKe Jul 26, 2022 11:01 pm


Originally Posted by GUWonder (Post 34449526)
I hope the Canadians stick to their guns on this gun matter and don’t cave to USG/CBP pressure.

If the Canadians don’t feel their own people need guns in such circumstances, then they most certainly shouldn’t allow foreign agents to have them there either.

This is just another one of the many pushes to allow more Americans abroad to carry guns abroad.

Is it such a big deal to allow them to be armed - they already are at Preclearance facilities.

YVR Cockroach Jul 26, 2022 11:14 pm


Originally Posted by MDTyKe (Post 34461825)
Is it such a big deal to allow them to be armed - they already are at Preclearance facilities.

Not that I've seen

At any rate, I expect the U.S. (or what becomes of it) to have a lot less clout in as little as 3 years.

GUWonder Jul 26, 2022 11:15 pm


Originally Posted by MDTyKe (Post 34461825)
Is it such a big deal to allow them to be armed - they already are at Preclearance facilities.

Armed foreign agents with immunity benefits is the kind of thing I would rather see less of than more of — especially when they are in roles that involve daily dealing with the host country’s civilian public on grounds not protected by the relevant multilateral conventions for diplomatic and consular immunities.

MDTyKe Jul 27, 2022 12:03 am


Originally Posted by GUWonder (Post 34461845)
Armed foreign agents with immunity benefits is the kind of thing I would rather see less of than more of — especially when they are in roles that involve daily dealing with the host country’s civilian public on grounds not protected by the relevant multilateral conventions for diplomatic and consular immunities.

CBP officers under the Preclearance Act 2016 are allowed to be armed in Canada. The issue, as I understand it, is that CBP want this extended to NEXUS offices, where they are present.

Generally speaking, individuals have a lot more rights in Preclearance, ie. you can simply withdraw your request to entry, and refuse to be searched (things that are difficult at a POE). I don't think CBP officers in Preclearance are afforded diplomatic immunity in the classic sense, but rather are afforded protections under the specific agreements themselves.

See also: https://www.publicsafety.gc.ca/cnt/t.../index-en.aspx

seawolf Jul 27, 2022 7:49 am


Originally Posted by MDTyKe (Post 34461894)
CBP officers under the Preclearance Act 2016 are allowed to be armed in Canada. The issue, as I understand it, is that CBP want this extended to NEXUS offices, where they are present.

Generally speaking, individuals have a lot more rights in Preclearance, ie. you can simply withdraw your request to entry, and refuse to be searched (things that are difficult at a POE). I don't think CBP officers in Preclearance are afforded diplomatic immunity in the classic sense, but rather are afforded protections under the specific agreements themselves.

See also: https://www.publicsafety.gc.ca/cnt/t.../index-en.aspx

Here's the treaty. Firearms are referred to as "Regulated items."
https://www.treaty-accord.gc.ca/text...aspx?id=105453

GUWonder Jul 27, 2022 12:46 pm


Originally Posted by MDTyKe (Post 34461894)
CBP officers under the Preclearance Act 2016 are allowed to be armed in Canada. The issue, as I understand it, is that CBP want this extended to NEXUS offices, where they are present.

I was against that even when it was a bill there. From 2016:


Originally Posted by GUWonder (Post 27370376)
The text of the bill is really worth reading to know what the US can and will be allowed to do in Canada under Canadian law.

It's too bad that Canada ends up being more and more of a US kiss-up on "security".

https://www.flyertalk.com/forum/chec...dian-soil.html

And my position on that is the same even after it cleared into law.

stifle Sep 10, 2022 5:50 am

I also see no logical need for officers in enrolment centres to be armed.

And as for preclearance, USCBP officers in DUB and SNN manage fine without guns. Their agreement and section 5 (7) of the the Aviation (Preclearance) Act 2009 specifically states they have no right to carry them.

seawolf Sep 10, 2022 4:49 pm


Originally Posted by stifle (Post 34587834)
I also see no logical need for officers in enrolment centres to be armed.

And as for preclearance, USCBP officers in DUB and SNN manage fine without guns. Their agreement and section 5 (7) of the the Aviation (Preclearance) Act 2009 specifically states they have no right to carry them.

Are CBP resources in Ireland airside or landside?

YVR Cockroach Sep 10, 2022 7:13 pm


Originally Posted by GUWonder (Post 34463483)
I was against that even when it was a bill there. From 2016:



https://www.flyertalk.com/forum/chec...dian-soil.html

And my position on that is the same even after it cleared into law.

Those who play Civilization VI will realise what the term suzerain means.

stifle Sep 11, 2022 7:33 am


Originally Posted by seawolf (Post 34589112)
Are CBP resources in Ireland airside or landside?

Airside. They show you a photo of your checked baggage at the desk and you confirm it's yours.

GUWonder Sep 12, 2022 3:06 am


Originally Posted by stifle (Post 34590185)
Airside. They show you a photo of your checked baggage at the desk and you confirm it's yours.

There are also CBP employees -- some of whom work CBP Preclearance, but others who do not -- who can be on "land-side" assignments in the country. At least IME they too don't go around the country armed with firearms.


Originally Posted by YVR Cockroach (Post 34589327)
Those who play Civilization VI will realise what the term suzerain means.

Never played that video game, but suzerainty is indeed a concept that comes to mind for such international dynamics too.

xobile Sep 13, 2022 5:51 pm


Originally Posted by stifle (Post 34590185)
Airside. They show you a photo of your checked baggage at the desk and you confirm it's yours.

In their (limited defense) if you are airside you know the other person isn't armed. That isn't the case at an airport enrollment center--nor at a land center in the US, but they are armed there. I don't understand why they were fine with not being armed prior to 2019 though and not now.


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