Canadian Snowbird Association DHS Rule Opposition: Why Wintering in the U.S. Just Got Complicated

Canadian Snowbird Association DHS Rule Opposition: Why Wintering in the U.S. Just Got Complicated

If you’ve spent the last decade driving your RV across the border every November without a second thought, you’re in for a shock. The "good old days" of casual border crossings for Canadians are, well, basically over for now.

Ever since early 2025, a massive shift in U.S. border policy has sent ripples through the snowbird community, and the Canadian Snowbird Association DHS rule opposition has become the central voice in a messy, high-stakes fight for the rights of nearly a million Canadian retirees.

We’re talking about more than just a few extra minutes at the booth. New mandates require Canadians staying longer than 30 days to register with the U.S. government—a move the Canadian Snowbird Association (CSA) has called unnecessary and overreaching. It’s a total headache.

The 30-Day Rule That Changed Everything

So, what actually happened? On January 20, 2025, President Donald Trump signed the "Protecting the American People Against Invasion" executive order. While the title sounds like something out of a political thriller, the fine print had a direct, painful impact on the average Canadian traveler.

The Department of Homeland Security (DHS) began strictly enforcing Section 262 of the Immigration and Nationality Act. This law has technically been on the books for over 80 years, but it was almost never applied to Canadians. Now? If you’re over 14 and plan to stay in the U.S. for 30 days or more, you have to register.

Honestly, it’s kinda confusing. If you fly into Florida, you usually get an electronic I-94 record automatically, which counts as registration. But if you drive across the land border—the way most snowbirds do—you might not get that I-94. If you don't have it, you’re legally required to file Form G-325R with U.S. Citizenship and Immigration Services (USCIS).

The CSA has been loud about their opposition. They sent formal letters to DHS Secretary Kristi Noem, arguing that these rules are meant for "unlawfully present individuals," not retirees spending thousands of dollars in the local Arizona or Florida economies. It’s a tough pill to swallow when you've been a loyal seasonal visitor for twenty years.

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Why the CSA is Fighting Back

The Canadian Snowbird Association DHS rule opposition isn't just about the paperwork; it's about the principle and the potential for life-altering penalties.

Failure to comply isn’t just a slap on the wrist. We are looking at potential fines of up to $5,000 and even jail time for "willful" failure to register. That’s enough to make anyone rethink their winter plans.

The CSA’s core argument is pretty straightforward:

  • Canadians have a unique, non-visa relationship with the U.S.
  • Vacationing retirees are not a national security threat.
  • Adding layers of bureaucracy creates "friction" that hurts U.S. tourism.

They aren't just complaining, either. The association has been actively lobbying members of Congress and the administration to rescind the requirement for Canadian citizens. On April 10, 2025, the CSA filed a formal public comment opposing the "Interim Final Rule on Alien Registration." They’ve pointed out that even though Canadians are exempt from the fingerprinting (biometrics) part of the rule for now, the sheer act of having to "register" as if they were potential undocumented immigrants is insulting to many.

The Real-World Impact on the Ground

Walk into any park in Fort Myers or Palm Springs right now, and the mood is... different. A recent survey from Snowbird Advisor found that travel plans are down about 12% this season. People are scared. They’re worried about being "red-flagged" at the border or losing their NEXUS privileges because of a filing error.

Some long-time travelers like Jean-Guy Seguin have openly discussed selling their U.S. properties. It sounds extreme, but when you combine these new DHS rules with the constant confusion over the "substantial presence test" for taxes, the "freedom" of the snowbird lifestyle starts to feel like a full-time job in compliance.

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Don't Confuse DHS with the IRS

One of the biggest mistakes people make is thinking the DHS (immigration) and the IRS (taxes) play by the same rules. They don't. At all.

  1. The DHS generally allows you to stay for up to 6 months (182 days) per entry. They care about immigration status.
  2. The IRS uses the "Substantial Presence Test." They count days on a weighted basis over a three-year period. They care about taxing your income.

Even if you follow the DHS rules and register after 30 days, you still have to watch your days like a hawk for the IRS. If you're in the U.S. for more than 182 days in a single year, the IRS might consider you a resident for tax purposes. That means they could try to tax your worldwide income.

The CSA often advises members to file Form 8840 (the "Closer Connection" form) even if they aren't "required" to, just to prove to the IRS that their life is still firmly rooted in Canada.

What You Need to Do Right Now

If you are heading south or are already there, don't panic, but do get organized. The Canadian Snowbird Association DHS rule opposition is ongoing, but until the law changes, you have to follow it.

Step 1: Check Your I-94 Status

The absolute first thing you should do after crossing the border—every single time—is go to the official CBP website (i94.cbp.dhs.gov).

  • Select "Get Most Recent I-94."
  • Enter your passport details.
  • If a record appears with an "Admit Until Date," you are technically "registered." Print that page and keep it in your glove box.

Step 2: Handle Form G-325R

If no I-94 shows up and you’re staying past the 30-day mark, you must create a USCIS online account. You’ll need to provide your legal name, entry date, and where you're staying. It cannot be done by mail; it’s strictly online.

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Step 3: Keep a Paper Trail

Carry proof that you intend to go back to Canada. This includes:

  • A copy of your Canadian property tax bill or lease.
  • Recent utility bills from your Canadian home.
  • Evidence of Canadian health insurance (like your OHIP or AHCIP card).
  • A return travel itinerary if you have one.

Step 4: Watch the Biometrics

As of late 2025, there have been new "Biometric Entry/Exit" rules discussed. While Canadians have historically been exempt from the fingerprinting required of other foreign nationals, the DHS published a final rule in October 2025 authorizing biometrics for all non-citizens. The CSA is still fighting to clarify how this applies to us at land borders, but expect more scrutiny and maybe even a photo at the booth.

The Bottom Line

The relationship between the U.S. and Canada is in a bit of a "chilly" phase. Between trade tariffs and these new immigration crackdowns, the border isn't the invisible line it used to be. The CSA is working hard behind the scenes, but the wheels of government move slowly.

For now, the best defense is being an over-prepared traveler. Don't rely on "what your neighbor did last year." The rules changed in January 2025 and again in April 2025. Stay updated through the CSA member advisories and keep your paperwork immaculate.

To stay compliant during your current or upcoming trip:

  • Visit the official CBP I-94 website immediately after every entry to confirm your "Admit Until" date.
  • If you entered by land and no I-94 exists, set a calendar reminder for day 25 of your trip to file Form G-325R via the USCIS portal.
  • Maintain a daily log of your U.S. presence to ensure you don't accidentally trigger the IRS Substantial Presence Test.