This traveler from Quebec is mistaken for a criminal at the US border. He’s not the only one

Quebecer Danny Roy is a travel lover and the United States is one of his favorite travel destinations.

But crossing the border is not an easy task for him.

He is regularly intercepted and questioned because he is mistaken for a namesake with a criminal past.

Things went wrong in the summer of 2022 when he showed up with his family at the Jackman border crossing in Maine, on the border with Beauce, Que. Roy says he was asked to get out of the car and go inside, where an interrogation began.

“Where do I live? How do I earn my living? “And do I have tattoos?” are among the questions Roy asked Radio-CanadaLa facture he was asked.

After a 30-minute interrogation, he said he was allowed to enter.

Roy has a valid passport and has no criminal record. But because he has one of the most common surnames in Quebec, he suspects customs officials confused him with one of his namesakes who have had run-ins with the law, some more serious than others. One of them pleaded guilty to involuntary manslaughter.

“No matter how serious the crime, if you have a name that resembles someone with a criminal record, you will be checked and possibly even barred from entering the United States,” said Michel Juneau-Katsuya, a border security expert and former investigator with Canadian Security Intelligence Service (CSIS).

Michel Juneau-Katsuya, a border security expert and former investigator with the Canadian Security Intelligence Service, says customs officials don’t necessarily have access to photos linked to the databases they review. (Radio-Canada/Carl Mondello)

After this first mishap, Roy had an official document made with the seal of the Royal Canadian Mounted Police (RCMP) certifying that he had no criminal record.

This paper, which initially gave him a feeling of security, ultimately had little effect. Since then, he has been stopped and interrogated several times by American customs officials.

“They didn’t seem impressed by the document,” Roy said.

Juneau-Katsuya said given the possibility of documents being forged, it gives customs officials a lot of “leeway” to decide how seriously to take them.

Roy’s fourth interrogation in 2024 was costly. By the time American customs officials approved his entry, he had already missed his flight to Tampa Bay and had to buy a new ticket. And since he didn’t board his original flight, his return ticket was no longer valid and he had no choice but to buy a new one.

Air Canada initially refused to refund the $1,300 tickets, but did an about-face after questions La facture.

Databases are not like Hollywood

During each interrogation, the officers need time to verify Roy’s identity.

Juneau-Katsuya says that, unlike in the films, “we don’t necessarily have photos linked to the databases that customs officials review.”

He says photos are usually kept at the police station or at the scene of the arrest.

According to experts consulted by Radio-Canada, Roy’s case is not an isolated one. Since the Sept. 11 attacks, the United States has sharply increased the number of names on its watch list, said immigration lawyer Sarah Pelud.

Sarah Pelud, an immigration lawyer, says the list of names consulted by border officials includes a wide range of people, from those convicted of terrorism to those who have not been charged with a crime. (Radio-Canada/Jean-François Vézina)

The U.S. Border Patrol declined Radio-Canada’s request for an interview, but said presenting valid documents does not guarantee entry into the country. There are more than 60 categories that could deem a person ineligible.

Fortunately, there is a little-known approach for those suffering from this type of identity confusion: the U.S. Department of Homeland Security’s Traveler Redress Inquiry Program.

Anyone like Roy who repeatedly has problems at the US border can apply online.

Homeland Security may provide the applicant with a Clearance Control Number, which can be entered when booking a flight, confirming that the person is not the person with whom they are often mistaken at the border.

“When I guide my clients through this process, we usually achieve positive results. Unfortunately, there is no guarantee that it will be easier,” Pelud said, adding that U.S. customs officials are not required to inform travelers about this.

There is also the Nexus program to speed up border crossings between Canada and the United States. This is a pre-approval for low-risk travelers administered jointly by both countries. The Nexus card is valid for five years and costs $120 to sign up.

But if someone has had repeated problems at the border in the past, Pelud said it’s better to get a number first before applying for the Nexus program.

“The number helps clarify the traveler’s identity in screening systems, which could improve their chances of being included in the Nexus program. In case of rejection, there is no appeal or refund,” she said.

Although Roy wishes he had known about the program sooner, he says it has made his last two border crossings go smoothly.