The Government of Canada has recently updated its official travel advisory for the United States, providing warnings of changes in U.S. immigration law that could affect thousands of Canadians living south of the border. These changes particularly impact Canadian permanent residents in the U.S., including members of the LGBTQ+ community, creating new challenges for cross-border travel and immigration status maintenance.
Key Changes to U.S. Immigration Enforcement Policies
Heightened Risk for Permanent Residents
The updated advisory specifically warns Canadian permanent residents in the United States that their status “can be terminated” under various circumstances. This represents a significant shift in enforcement priorities, with U.S. authorities conducting more thorough reassessments of eligibility for permanent residence status.
The most concerning aspects of these changes include:
- Reassessment of Eligibility: U.S. Immigration and Customs Enforcement (ICE) is conducting periodic reviews of permanent resident status, particularly focusing on individuals with prior criminal convictions.
- Extended Absences: Permanent residents who have lived outside the United States for longer than permitted periods face increased scrutiny and potential status termination.
- Criminal History Reviews: Even older criminal convictions are being reevaluated, with authorities taking a stricter approach to determining ongoing eligibility.
The Case of Johnny Noviello: A Tragic Example
The advisory’s warnings became tragically real with the death of Johnny Noviello, a 49-year-old Canadian permanent resident who died while in ICE custody in Florida. Noviello’s case illustrates the serious consequences that Canadian permanent residents may face under current enforcement policies.
Noviello had lived in the United States since 1988 and became a lawful permanent resident in 1991. However, following drug-related convictions in 2023, he was detained by ICE in May 2025 and died while awaiting deportation proceedings. His death marked the eighth fatality in ICE custody during 2025, highlighting the human cost of intensified immigration enforcement.
According to the ICE report, Noviello had several health issues in the weeks before his death, including seizure disorders and hypertension. He was found unresponsive on June 23, 2025, at the Federal Detention Center in Miami and was declared dead approximately 30 minutes later.
Travel Ban Implications for Canadians
Countries Affected by Recent Proclamations
Since June 9, 2025, a U.S. proclamation titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats” has been in effect. This proclamation affects Canadian permanent residents and dual citizens from specific countries.
The proclamation establishes two categories of restrictions:
Full Entry Restrictions apply to nationals from 12 countries:
- Afghanistan
- Burma (Myanmar)
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
Partial Entry Restrictions affect nationals from 7 additional countries:
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
Impact on Canadian Permanent Residents
Canadian permanent residents who originally came from these designated countries may face entry denials when traveling to the United States, even if they hold valid Canadian permanent resident status. However, the restrictions do not apply to Canadian citizens traveling on Canadian passports, regardless of their country of birth.
LGBTQ+ Travel Concerns and New Federal Requirements
Gender Marker Recognition Changes
One of the most significant updates in the travel advisory relates to LGBTQ+ travelers, particularly those with non-binary gender markers on their Canadian documents. The advisory warns that “federal systems in the U.S. are changing to no longer accept markers of gender identity”.
This change affects several federal processes and applications:
- Visa applications
- NEXUS applications
- Passenger manifests
- Passport applications
- Social Security applications
NEXUS Card Policy Changes
Canadian travelers have been particularly affected by changes to NEXUS card applications. Since February 2025, Canadians applying for new or renewed NEXUS cards can no longer select an “X” gender marker and must choose either “M” or “F”.
This change creates a challenging situation for transgender and non-binary Canadians:
- Existing NEXUS cards with “X” markers remain valid until expiration
- New applicants can use a Canadian passport with an “X” marker but must select binary gender options for NEXUS membership
- This discrepancy between documents may lead to additional questioning at border crossings
Between January 2022 and March 2025, approximately 550 NEXUS applications were submitted with “X” gender identifiers. These cardholders now face difficult decisions about maintaining their NEXUS membership.
State-Level Variations
The advisory also cautions that “laws also vary by state and municipality” and that “some states have enacted laws affecting 2SLGBTQI+ persons”. This creates a complex patchwork of regulations that LGBTQ+ travelers must navigate, with different rules applying in different jurisdictions.
Legal Implications for Canadian Permanent Residents
Understanding Serious Criminality
For Canadian permanent residents in the United States, understanding the definition of “serious criminality” has become more critical than ever. Under U.S. immigration law, certain criminal convictions can lead to removal proceedings, regardless of how long someone has held permanent resident status.
The consequences are particularly severe for convictions involving:
- Drug-related offenses
- Crimes of violence
- Fraud and financial crimes
- Any offense carrying a potential sentence of 10 years or more
Protecting Your Status
Canadian permanent residents in the United States should take proactive steps to protect their status:
- Regular Legal Consultations: Schedule periodic reviews with an immigration attorney to assess any potential vulnerabilities in your status.
- Criminal Record Review: Ensure all past criminal matters have been properly resolved and documented.
- Travel Documentation: Maintain accurate records of all international travel and time spent outside the United States.
- Citizenship Application: Consider applying for U.S. citizenship if eligible, as citizens cannot be deported for criminal convictions.
Recommendations for Canadian Travelers
Before You Travel
Given these policy changes, Canadian travelers should take additional precautions before visiting the United States:
- Document Review: Ensure all travel documents are current and consistent
- Legal Consultation: Consider consulting with an immigration attorney if you have any concerns about admissibility
- Travel Insurance: Maintain comprehensive travel insurance that covers potential legal issues
- Emergency Contacts: Keep contact information for Canadian consular services readily available
For LGBTQ+ Travelers
LGBTQ+ Canadians should be particularly prepared when traveling to the United States:
- Research destination state laws regarding LGBTQ+ rights
- Carry consistent documentation where possible
- Be prepared for additional questioning at border crossings
- Consider consulting with legal professionals familiar with LGBTQ+ travel issues
For Permanent Residents
Canadian permanent residents of the United States should:
- Maintain careful records of all criminal proceedings and resolutions
- Avoid extended absences from the United States
- Keep documentation of community ties and family relationships
- Consider expediting any pending citizenship applications
The Broader Context of Immigration Enforcement
Increased Enforcement Activity
These policy changes reflect a broader shift toward more aggressive immigration enforcement in the United States. ICE has reportedly been directed to increase daily arrests to approximately 3,000 per day, representing a significant increase from previous levels.
This intensification affects not only undocumented immigrants but also permanent residents and visa holders who may have minor infractions in their past. The case of Johnny Noviello demonstrates that even long-term permanent residents are not immune from these enforcement actions.
Impact on Canadian Families
Many Canadian families have members living on both sides of the border. These policy changes create new stresses and uncertainties for binational families, particularly those with mixed immigration status or LGBTQ+ members.
Immigration attorneys are reporting increased consultations from concerned families seeking to understand their rights and options under the new enforcement regime.
Legal Resources and Support
When to Seek Legal Help
Canadians should consider consulting with an immigration attorney if they:
- Hold U.S. permanent resident status with any criminal history
- Are LGBTQ+ individuals planning travel to the United States
- Have family members affected by the travel ban proclamation
- Face any questions about their immigration status or admissibility
Choosing the Right Legal Representation
When selecting an immigration attorney, consider:
- Experience with relevant immigration issues
- Familiarity with current U.S. immigration enforcement policies
- Track record in handling cases similar to yours
- Understanding of LGBTQ+ immigration issues if relevant
Looking Ahead: Future Developments
Ongoing Legal Challenges
Several legal challenges are currently working through the courts regarding various aspects of these policy changes. Immigration lawyers are closely monitoring these cases, as successful challenges could restore some protections for affected individuals.
For LGBTQ+ travelers, litigation challenging the passport and gender marker policies continues, with some temporary relief already granted by federal courts.
Policy Monitoring
Immigration policies continue to evolve rapidly. What seems settled today may change tomorrow, making it crucial for affected individuals to stay informed about developments that could affect their rights and status.
Conclusion
The recent updates to Canada’s travel advisory for the United States reflect significant changes in immigration enforcement and travel policies that affect thousands of Canadians. From heightened scrutiny of permanent residents to new challenges for LGBTQ+ travelers, these changes require careful attention and potentially professional legal guidance.
The tragic case of Johnny Noviello serves as a stark reminder that these policy changes have real-world consequences that can devastate families and communities. For Canadian permanent residents in the United States, proactive legal planning has never been more important.
LGBTQ+ travelers face new challenges in maintaining their identity while navigating federal systems that no longer recognize gender diversity. These individuals must carefully weigh their travel needs against potential risks and complications.
How Can We Help
The Immigration Law Firm of Matthew Jeffery encourages anyone affected by these changes to seek qualified legal advice. Understanding your rights and options under current law is the first step in protecting yourself and your family from the potential consequences of these evolving policies. While our office does not assist with U.S. immigration matters, we stand ready to assist any Canadians resident in the U.S. who need assistance to return to Canada.
Fill out our contact form to see if we can help you with your immigration matters.
