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Old Aug 9, 2016, 4:36 pm
  #166  
 
Join Date: Aug 2014
Posts: 101
The current ferry service between Maine and Nova Scotia (with ressurected "The Cat" branding; see ferries.ca) will not accept bookings if you have only a NEXUS card.

At least, they wouldn't ten minutes ago, and I pushed it up one level of management, and it sounded like they were referencing clear written policies both times. They'll happily take passport cards and EDLs; I have no idea wat.
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Old Aug 9, 2016, 6:27 pm
  #167  
 
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Originally Posted by seawolf
CBSA FAQ states that NEXUS can be used as proof of indentification and citizenship (for Candian and US nationals) when in a non-NEXUS lane in air/boat/land modes.

And yes I have crossed into Canada on separate occasions as a pedestrian and in a vehicle in a non-NEXUS lane using only NEXUS card.
When entering the US by car with any goods that require then payment of duty, you are supposed to not use the NEXUS lane. I entered the US in a non-NEXUS lane with a case of booze last week. No problem.

My wife forgot her book passport and tried to fly out with just a NEXUS card to Canada. The TSA let her through, she went to the lounge and had a call with a senior person at the airport who said it was ok and noted her boarding record. Still the gate agent tried to refuse to honor it. By that time my sister-in-law had shown up at the airport with the passport and the TSA got it expedited to the gate. I don't think the agent was going to let her on.
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Old Aug 10, 2016, 12:09 am
  #168  
 
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A friend recently had his NEXUS confiscated at a land crossing from BC to the US, and was told it was "because he didn't have his passport."
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Old Aug 10, 2016, 2:51 am
  #169  
 
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Location: SEA, or BOS, or MUC, or other places (probably connecting). "Detroit, Michigan is in the Eastern time zone."
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Originally Posted by JustBreathe
A friend recently had his NEXUS confiscated at a land crossing from BC to the US, and was told it was "because he didn't have his passport."
This raises serious questions, since the final rule (73 FR 18384) as well as the CBP website state that a NEXUS card, by itself, is sufficient for US or Canadian citizens to use when crossing the land border. The DHS website even has a Trusted Traveler Program comparison chart that clearly states that a passport is not required for membership in NEXUS!

Since you describe the crossing as being into the US I presume it was confiscated by US CBP, but confirming which agency did so would be useful.

Is your friend a US or Canadian citizen, or a permanent resident of either country?

If not a US citizen, were they entering the US under the terms of a visa (student, etc) rather than as a tourist? There are, for example, situations where a Canadian citizen must use their passport because they're entering the US with a particular visa status.

Had their passport expired? If so, had they renewed it and either updated the passport information in GOES or visited a NEXUS enrollment center?

Originally Posted by 73 FR 18374 V. A.
Under the final rule, cards issued for the DHS Trusted Traveler Programs NEXUS, Free and Secure Trade (FAST), and Secure Electronic Network for Travelers Rapid Inspection (SENTRI) are designated as entry documents for U.S. citizens at all lanes at all land and sea ports-of-entry when traveling from contiguous territory or adjacent islands.

Last edited by CKDGM; Aug 10, 2016 at 3:30 pm Reason: clean up partial text about Canadians and certain visas
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Old Aug 10, 2016, 10:01 am
  #170  
 
Join Date: Jun 2016
Posts: 7
Originally Posted by JustBreathe
A friend recently had his NEXUS confiscated at a land crossing from BC to the US, and was told it was "because he didn't have his passport."
Considering you can get NEXUS without even having a passport, that doesn't make any sense.
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Old Aug 10, 2016, 11:35 am
  #171  
 
Join Date: Nov 2009
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Originally Posted by Exitant
Considering you can get NEXUS without even having a passport, that doesn't make any sense.
There are a couple of exceptions to this:
"NEXUS members who are permanent residents of Canada or the U.S. must travel with a passport and proof of permanent residence. You may be asked to present these documents to the officer upon arrival at the border."

"Only one citizenship is listed on a NEXUS card. As such, when using non-NEXUS lanes, members with dual citizenship may be required to present proof of their second citizenship." This can happen in Nexus lanes as well.

Also you need a passport in case of secondary inspection as well as when you provided one at the time of enrollment. If you never provided it then you should carry the documents you actually provided to prove identity and citizenship to enroll in the program.
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Old Aug 10, 2016, 2:04 pm
  #172  
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Originally Posted by JustBreathe
A friend recently had his NEXUS confiscated at a land crossing from BC to the US, and was told it was "because he didn't have his passport."
Was friend a Canadian citizen? If so, it was a mistake to confiscate.

8 USC §212.1 and 8 USC §212.1(a)(i)

A valid unexpired visa and an unexpired passport, valid for the period set forth in section 212(a)(26) of the Act, shall be presented by each arriving nonimmigrant alien except that the passport validity period for an applicant for admission who is a member of a class described in section 102 of the Act is not required to extend beyond the date of his application for admission if so admitted, and except as otherwise provided in the Act, this chapter, and for the following classes:


(i) NEXUS Program. A Canadian citizen who is traveling as a participant in the NEXUS program, and who is not otherwise required to present a passport and visa as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2, may present a valid unexpired NEXUS program card when using a NEXUS Air kiosk or when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry. A Canadian citizen who enters the United States by pleasure vessel from Canada under the remote inspection system may present a valid unexpired NEXUS program card.
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Old Aug 11, 2016, 12:26 am
  #173  
 
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Location: Denver
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Sorry all, it'll be several days until I can add more information as I was told the story 2nd hand am an away for several days now. I think he's a permanent resident but not sure.
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Old Aug 11, 2016, 10:47 am
  #174  
 
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8 USC §212.1 and 8 USC §212.1(a)(i)
Are the words that govern, but everyone in a trusted traveler program knows the rules of the elevated status benefits of the program, they tell you at the interview how important they are.

Basic program reg's
1: You must have a travel document to apply for the program
2 :You must inform the agency of any changes to that/those underlying travel documents.
3: A violation of #2 can cause the benefits to be rescinded.


So the base assumption is a traveler has either a passport or an enhanced ID or DL to obtain a Nexus. cbsa/CBA rules state that an eID/eDL is acceptable at a land/sea port and that a passport is required at an airport. Again, these are the underlying travel documents req'd for any lane. That you use a Nexus card is a given for the express lane access, but is it a stand alone ID? An officer can ask you to produce your travel document, they probably won't but they can, it's their prerogative(stated in the USC). I see zero reason to chance violate my TT credential at an airport.

I see no words in any of the USC that states a foreign agency must allow only a Nexus card, without supporting documents, for entry. It has been hashed out that a US citizen is able to enter the US without ID, but that means nothing when leaving the USA and entering Canada. And even less for a Canadian entering the US. If CBP ask for my eDl and I don't produce it they could refuse entry, regardless of a TT card As a trusted traveler one is expected to know what is and isn't acceptable, that is the basis for the expedited screening.

The key wording in the code is present, not possess
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Old Aug 11, 2016, 11:46 am
  #175  
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surreycrv - Exitant was referring to entering US from BC land border. There's no "foreign" agency (eg CBSA) involved in confiscating the card. If traveller was Canadian national as far as their NEXUS card is concern, then CBP shouldn't not have confiscated it as per USC.
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Old Aug 11, 2016, 12:30 pm
  #176  
 
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It does not say that in USC. And Exitant did not state whether the person had a eID/eDL, if they did have either then their Nexus would still be valid.

There is always a foreign agency in play, unless the individual is a dual US/Canadian citizen.
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Old Aug 11, 2016, 3:03 pm
  #177  
 
Join Date: Oct 2000
Location: SEA, or BOS, or MUC, or other places (probably connecting). "Detroit, Michigan is in the Eastern time zone."
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Originally Posted by surreycrv
That you use a Nexus card is a given for the express lane access, but is it a stand alone ID?
When entering the US at a land border crossing from Canada, for US citizens or for Canadian citizens not required to present a visa, it is.

https://www.cbp.gov/travel/us-citize...vel-initiative

What types of documents are accepted for entry into the United States via land and sea?

U.S. citizens can present a valid: U.S. Passport; Passport Card; Enhanced Driver’s License; Trusted Traveler Program card (NEXUS, SENTRI or FAST); U.S. Military identification card when traveling on official orders; U.S. Merchant Mariner document when traveling in conjunction with official maritime business; or Form I-872 American Indian Card, or (when available) Enhanced Tribal Card.
(...)
Canadian citizens can present a valid passport, Enhanced Driver’s License, or Trusted Traveler Program card (NEXUS, SENTRI or FAST).
Note the or in each case.
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Old Aug 11, 2016, 3:35 pm
  #178  
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Originally Posted by surreycrv
It does not say that in USC. And Exitant did not state whether the person had a eID/eDL, if they did have either then their Nexus would still be valid.

There is always a foreign agency in play, unless the individual is a dual US/Canadian citizen.
My mistake in quoting Exitant when it was JustBreathe that brought up the incident.

Only information JustBreathe provided is traveler cross from Canada into US via land and got NEXUS confiscated.

Only agency traveler would have encountered would be CBP. There is no CBSA exit inspection on land borders. Therefore NEXUS card was confiscated by CBP and, the last I check, they are subject to USC and was wrong to confiscate if traveler NEXUS account reflects traveler is Canadian citizen as clearly stated in 8 USC §212.1 and 8 USC §212.1(a)(i).

CBSA can enforce Canadian law when NEXUS members enter Canada but in this particular episode, CBSA was not involved.

I've also entered cross the border in both directions multiple times via land and air via just NEXUS card as US citizen and passport was never asked by CBP or CBSA.
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Old Aug 11, 2016, 5:43 pm
  #179  
 
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Originally Posted by JustBreathe
Sorry all, it'll be several days until I can add more information as I was told the story 2nd hand am an away for several days now. I think he's a permanent resident but not sure.
That seems to be the issue here. Neither a US nor Canadian citizen.
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Old Aug 11, 2016, 9:00 pm
  #180  
 
Join Date: Oct 2014
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As a Canadian citizen with a permanent residency in the US and Nexus membership, in the past 3 months I crossed the border (BC <> WA) exactly 15 times, by all possible means (air, sea and land) using my Nexus alone (into Canada, Nexus+PR card into the US) and never had a single problem.

At SEA and YVR my Nexus card was accepted by AS and AC gate agents without a problem.

Still I carry my passport at all times, just waiting for that one dumb agent who might ignore the law.
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