Conclusion? Boycott the USA!
Assuming the above recording is real, the border guard asked a ridiculous question and the Canadian tourist gave attitude as a response. The Canadian was out of line by not answering his ridiculous question with a straight answer. The second border guard was initially polite and professional. The Canadian should have shut up and waited patiently for the border guards to finish their job. Instead he mouthed off and taunted them. No surprise he ended up getting arrested even though the charges are ridiculous. Denying him entry would have been a more reasonable response.
Traveling to the US is not a right. The American border guards determine who and what can enter the US, and they don't have to give a reason or an explanation for their decisions or their questions. The same thing in the other direction.
Even though the majority of US border guards I've encountered, have acted professionally, half of that conversation sounded familiar... US border guards have also asked me equally stupid questions, behaved just as arrogantly and made similar veiled threats... and unlike this situation without any provocation.
BS like this is one reason why I avoid traveling to the US. I used to apply for TN Visas to work in the US for my American clients. I have no intention to live in the US but occasionally my American clients have a last minute need for someone with my qualifications to deliver a 4-5 day seminar. If they can't find someone, they will loose tens of thousands of dollars in revenue and could be responsible for paying attendee travel costs and lost productivity time. Sometimes people back out of a commitment to deliver these seminars at the last minute and the client has to find someone to cover for them. The call goes out first for an American, but if one can't be found, then the request goes international. Usually Canadians are the most convenient and cheapest solution to the problem. Canadian Professionals like myself can only apply for a TN Visa while on route. Which means that we can't know in advance if we are going to be allowed in.
I was told the process was straight forward, which it used to be before 9/11. Since 9/11, US Homeland Security are very tight about granting TN Visas. I should qualify for a TN Visa under NAFTA as a professional. Homeland Security has granted my TN Visa request at least half a dozen times over the years. But I've also been denied 3 times. Two of three times, it was a misinterpretation of NAFTA and once because I forgot to print out my resume (my fault). Two of the three times I was denied, Homeland Security was very snarky about it. One of those times, they went through my luggage, found a corkscrew in my checked luggage and made a veiled threat about locking me up for trying to smuggle a weapon on a plane.... in my checked luggage. Ridiculous! I think I rolled my eyes at the threat, but I never said anything impolite or provocative. But I knew at that point I was not going to get my TN Visa. All three times I was denied a TN Visa, I got my Visa on the second attempt at another crossing.
Note: If you are denied your TN Visa, withdraw your application. Its less paper work for them and you don't a "denied entry" flag on your file.
Now that I've been denied entry to the US 3 times, I have to answer the question have you ever been denied entry to the US every time I go to the US. As soon as they check my passport, they can see how many times I've been denied entry. The question really is, "Are you a liar". Since I've been denied entry in the past, I always get the 50 questions on the initial interview. The last time I tried to travel to the US, it was on business with a valid TN Visa. I arrived 3 hours before my flight. I got the 50 questions at the initial interview, they took my passport and was sent to the interrogation area. They made me wait for 3 hours and 5 minutes, asked no questions, gave me back my passport and let me go.... 5 minutes after my flight left. I'm sure it was deliberate. I had to catch another plane to another city, rent a car and drive 6 hours to my destination. I passed the additional costs on to my American client which makes me uncompetitive with my American counterparts.
So now I say screw it. My American clients can find someone else to save their bacon in their time of need. Also, I don't travel to the US as a tourist anymore just on principle. I have little sympathy for Canadians who travel to the US with their Canadian dollars to save a few cents shopping. I hope more Canadian cross border shoppers are harassed by US Homeland Security like the Canadian in this recording, as its good for Canada. When Canadians travel to the US to shop, they are taking away jobs from Canadians and moving wealth from Canada to the US. Spending your money in Canada, results in Canadians getting the economic benefits.
