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Donald Trump may now be inadmissible to enter Canada

  

Category:  Other

Via:  hallux  •  one month ago  •  18 comments

By:   Asheesh Moosapeta - CIC News

Donald Trump may now be inadmissible to enter Canada

S E E D E D   C O N T E N T


Following a guilty verdict on 34 charges in his hush money case, 45th president of the United States (and current presidential candidate) Donald Trump may now be   criminally inadmissible   to enter Canada.

Trump’s case provides a prominent example that can be used to better understand how inadmissibility is determined for, and can be overcome by, those wishing to enter Canada.

What is criminal inadmissibility?


Criminal inadmissibility is used to describe an individual who is not allowed to enter or stay in Canada for criminality reasons. If an individual has committed an offence outside Canada (that is recognized as an offence both in the country where the act took place, and in Canada)—they could be denied entry.

Temporary residents (those on a   work / study permit , or with a   visitor visa / electronic Travel Authorization   (eTA), and applicants for   permanent residence   (PR) may be found inadmissible to enter Canada if:

  • They were   convicted   of an offence in Canada;
  • They were   convicted   of an offence outside Canada that is also considered an offence inside Canada; and/or
  • They   committed   an act outside Canada that is considered an offence in the place it was committed and is also considered an offence in Canada.

For example, if someone is convicted of one offence in their home country that would be deemed an “indictable offence” in Canada—comparable to felony in the United States—they could be considered criminally inadmissible.

However, not all convictions result in admissibility. For example, one single “summary conviction” (less serious crime) outside Canada would not make that person criminally inadmissible to enter Canada.

What can Donald Trump’s case teach us about criminal inadmissibility?


When an individual who has committed an offence abroad wants to enter Canada, the process of determining their criminal inadmissibility begins with an in-depth look at the foreign crime committed. Specifically, Canadian immigration authorities would assess:

  • The foreign statute under which the offence was (or will be) prosecuted;
  • The sentence imposed; and
  • The date sentence was (or will be) completed.

From here, one would look at the   Canadian equivalent   to the foreign offence, to better understand how the act would be treated in Canada.

How do Trump’s charges impact his admissibility to Canada?


Beyond doing an ‘equivalency’ analysis, Canadian immigration authorities would look into whether the foreign offence is classified as “serious” or “non-serious” in Canada. Crimes that hold maximum prison sentences of less than 10 years are considered non-serious crimes. These are often non-violent crimes like theft or fraud under $5,000 CAD. Contrastingly, serious crimes are punishable by prison sentences of 10 years or more—often these crimes involve bodily harm, physical damage, etc.

Findings within this stage are crucial to determining next steps to overcome potential inadmissibility.

Considering the “falsification of business records” charges brought against Trump, and the large amounts of money involved in these charges, it is likely that Trump’s crimes will be equated to   serious criminality   in Canada.

It is also important to note the discrepancy in processing fees for those with serious vs. non-serious criminal offences. Generally, applications to overcome inadmissibility for non-serious criminality carry processing fees of $229.77 CAD. In contrast, applications to overcome serious criminality carry processing fees of $1,148.87 CAD.

How can Donald Trump overcome his potential inadmissibility?


Perhaps the first step that Trump could take is requesting an   opinion   from an immigration lawyer in Canada. The lawyer would review the charges and convictions against him, and determine whether they will impact his admissibility to enter the country. Legal reviews or opinion letters can help aspiring newcomers better understand their options to enter Canada, despite their   criminal records .

In Trump’s case, the legal opinion would point in the direction of inadmissibility. To enter the country in the immediate future, Trump would have one option given his convictions: applying for a   Temporary Resident Permit   (TRP).

A TRP is an immigration document that grants entry to an individual who might otherwise be inadmissible—on the grounds of compelling circumstances. The TRP would temporarily and exceptionally grant the applicant entry to Canada, for anywhere from 1 day to 3 years.

An individual may submit their TRP application to the Canadian consulate in their home country. While this may be the “safer” option, in the sense that the decision is made before travelling to the   Canadian border , it is also much slower. Visa-exempt travelers who can get to the Canada/US land border may apply for their TRP directly at the port of entry, and receive their final decision on the spot.

To learn more about TRPs, find our dedicated webpage   here .

Down the line, Trump may have other options to overcome his inadmissibility.

For example, he may apply for   criminal rehabilitation . This application would help him permanently overcome his criminal record––assuming no more charges and convictions are brought against him.

To qualify for criminal rehabilitation, he would have to:

  • Wait 5 years after the completion of his sentence before applying; and
  • Demonstrate that he has been rehabilitated and is no longer at risk of further criminality;

Demonstrating rehabilitation may include showing proof of stable lifestyle, community connections, social and vocational skills, etc.

Unlike the TRP application, which can be requested (by   visa-exempt travelers ) at the Canada/US land border, the criminal rehabilitation application must be submitted to the Canadian consulate in the applicant’s country of residence . It is important to note that individuals can pursue criminal rehabilitation, even in cases of serious criminality. To learn more about criminal rehabilitation, find our dedicated webpage   here .


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Hallux
PhD Principal
1  seeder  Hallux    one month ago

Meh, come 2025 Canada will probably have a conservative gov't that will fasttrack his application proving once and for all the Gods are indeed crazy. 

Why you may ask would he ever want to come here? He likes to park his private jet up here.

 
 
 
Buzz of the Orient
Professor Expert
1.1  Buzz of the Orient  replied to  Hallux @1    one month ago

Isn't self-admitted "pussy-groping" a physical assault?

 
 
 
Tessylo
Professor Principal
1.1.1  Tessylo  replied to  Buzz of the Orient @1.1    one month ago

Yes, most definitely

 
 
 
Ed-NavDoc
Professor Quiet
2  Ed-NavDoc    one month ago

That could very easily change if his appeal is successful.

 
 
 
Greg Jones
Professor Participates
2.1  Greg Jones  replied to  Ed-NavDoc @2    one month ago

Since no real crime was committed, the appeal should end this dismal abuse of the legal system.

Not sure why Trump would have any interest in going to Canada.

 
 
 
afrayedknot
Junior Quiet
2.1.1  afrayedknot  replied to  Greg Jones @2.1    one month ago

“Not sure why Trump would have any interest in going to Canada.”

That he is denied that opportunity due to his adjudication is more than enough to warrant his dismissal from the office he seeks. 

 
 
 
Hallux
PhD Principal
2.1.2  seeder  Hallux  replied to  Greg Jones @2.1    one month ago
Not sure why Trump would have any interest in going to Canada.

So that he could falsely claim credit for the new Gordie Howe Bridge?

 
 
 
JohnRussell
Professor Principal
2.1.3  JohnRussell  replied to  afrayedknot @2.1.1    one month ago
That he is denied that opportunity due to his adjudication is more than enough to warrant his dismissal from the office he seeks. 

Good point that will fall on deaf ears. 

 
 
 
George
Junior Expert
2.1.4  George  replied to  afrayedknot @2.1.1    one month ago
That he is denied that opportunity due to his adjudication is more than enough to warrant his dismissal from the office he seeks.

So you don't believe in the constitution? it sets the requirements that one has to meet to be president. What Canada says or does has no bearing on that. 

 
 
 
Buzz of the Orient
Professor Expert
2.1.5  Buzz of the Orient  replied to  Hallux @2.1.2    one month ago

LOL.  Good one.

 
 
 
Tessylo
Professor Principal
2.2  Tessylo  replied to  Ed-NavDoc @2    one month ago

Why would its' appeal be successful?  It won't.

 
 
 
Ed-NavDoc
Professor Quiet
2.2.1  Ed-NavDoc  replied to  Tessylo @2.2    one month ago

I prefer to wait and see myself.

 
 
 
Tessylo
Professor Principal
2.2.2  Tessylo  replied to  Ed-NavDoc @2.2.1    one month ago

It won't

 
 
 
Ed-NavDoc
Professor Quiet
2.2.3  Ed-NavDoc  replied to  Tessylo @2.2.2    one month ago

Neither one of us can know for sure either way. That's why I prefer to wait and see. 

 
 
 
Tessylo
Professor Principal
2.2.4  Tessylo  replied to  Ed-NavDoc @2.2.3    one month ago

It won't.

Why would it be?

 
 
 
Trout Giggles
Professor Principal
3  Trout Giggles    one month ago

He's not allowed in a lot of countries now

 
 
 
Gsquared
Professor Principal
3.1  Gsquared  replied to  Trout Giggles @3    one month ago

Too bad he's allowed to be here.

 
 
 
Tessylo
Professor Principal
3.1.1  Tessylo  replied to  Gsquared @3.1    one month ago

True!

 
 

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