‘My advice actually would be don’t go’: Expert warns Canadians about U.S. travel risks

Queen's University professor Sharry Aiken explains the changes in U.S. immigration policies, leading to an increase in the detentions of Canadians by ICE.

A growing number of Canadians, including several young children, have been arrested or detained by U.S. immigration authorities over the past two years, according to newly released government data obtained through a U.S. federal court case.

The figures, analyzed by CTVNews.ca using data tools developed by the Deportation Data Project, were released as part of a lawsuit the project filed against U.S. Immigration and Customs Enforcement (ICE).

The data show that more than 200 Canadians have spent time in ICE custody at some point since January, compared with 137 detained in 2024. While the increase accelerated this year, the records show Canadian detentions dating back to before U.S. President Donald Trump began his second term.

ICE detention records indicate 434 Canadian detention stays between September 2023 and mid-October 2025. Two of those cases involved Canadians with aggravated felony convictions, while six individuals had other criminal convictions. The vast majority — 366 people — had no aggravated felony record.

Aggravated felony covers an extensive list of crimes under the INA 101(a)(43) Immigration and Nationality Act from violent offences to certain fraud and smuggling crimes, and even some misdemeanors.

Sharry Aiken, a professor at Queen’s University Faculty of Law, said the sharp rise reflects a fundamental shift in enforcement, rather than a sudden increase in serious criminality.

“We’re not talking about people with histories of violent assaults or violence of any kind,” she told CTVNews.ca. “We’re looking at very minor criminal infractions, but sufficient to attract the radar of U.S. enforcement.”

The data show 94 Canadians were detained for not having valid visas, while 66 were held for overstaying non-immigrant visas. Aiken said such cases were historically handled very differently.

“Typically, in the past, what would happen if somebody was identified in the United States without proper documentation, they would be requested to leave,” she said. “People were not routinely detained ancillary to this process. So that is what has changed.”

‘It’s because of Trump’

Trump has pursued a sweeping overhaul of the immigration system during his second term, including plans for mass deportations, lower refugee admissions and an end to automatic birthright citizenship for many children born on U.S. soil.

“Of course, it’s because of Trump. There’s no doubt about it,” Aiken said. “This was not happening to the same extent under the Biden administration, and it relates directly to executive orders that President Trump issued when he assumed office earlier this year.”

The records also show at least six Canadian children, with birth years ranging from 2009 to 2024, were detained during the period. One Canadian child was held for 51 days — more than twice the 20-day limit set by a long-standing U.S. court-ordered agreement governing protections for migrant children in U.S. custody.

Four of the children were detained at the South Texas Family Residential Center, a facility that earlier this year became the subject of a legal complaint alleging inadequate drinking water, medical care and legal assistance.

• About 400 immigrant children were detained longer than the recommended limit, ICE admits

“What we’re seeing is a situation where children are detained in sometimes egregious conditions,” Aiken said. “(They are) without adequate access to food and health care and outdoor time, let alone access to legal counsel to assist in getting out of there. So, it’s really a concern.”

Immigration lawyer Warren Creates said children are rarely the primary targets of enforcement actions.

“There’s probably a lot of things going on — less so about the children themselves and more so, perhaps, about their parents or guardians,” he told CTVNews.ca. “If the parents or guardians do not have proper immigration status, the whole family could be liable for what’s called expedited removal.”

‘Anybody could potentially get caught up’

Four Canadians were also detained at the Krome North Service Processing Center in Florida, a site repeatedly criticized by human-rights advocates for overcrowding, limited access to counsel and the use of extended solitary confinement.

Wayne Petrozzi, professor emeritus of politics and public administration at Toronto Metropolitan University, said Canadians often underestimate how easily they can run afoul of U.S. rules.

“I really better be on my toes here if I’m going to cross that border, because it’s like sticking my hand in a fan: I’m gonna get hurt,” he said in an interview with CTVNews.ca.

ICE operations have been under increased public scrutiny since Stephen Miller, White House deputy chief of staff, said ICE officers would target at least 3,000 arrests a day.

• ‘They punish people for nothing’: Family of Canadian woman detained by ICE pleads for help to bring her home

Petrozzi said enforcement pressure is being driven by this aggressive numerical target, with immigration officials trying to reach the quota no matter the cost.

In an email to CTVNews.ca, Global Affairs Canada said it is aware of “multiple cases of Canadians (including children) currently or previously in immigration-related detention in the U.S. and has received requests for information and assistance from individuals and their family members.”

Once a detention is reported, officials “make efforts to contact those detained and offer consular services,” including helping detainees reach family, providing information on legal counsel and advocating with local authorities where there are credible concerns about mistreatment, the department said.

Creates said Canada’s ability to intervene is limited.

“They’re already on record as saying they will not intervene in a case involving any person who either has no status in the United States or violated their terms and conditions of entry,” he said. “I’m not sure that’s a wise policy, but I’m also not sure what they can do.”

The rising number of detentions comes amid heightened scrutiny of ICE following the death of a Canadian man in custody earlier this year.

In June, 49-year-old Johnny Noviello died after being found unresponsive at the Federal Detention Center in Miami.

An internal ICE review released in November found he had long-standing medical conditions, including hypertension and a seizure disorder, and documented signs of declining physical and mental health in the weeks before his death.

ICE data revealed that 15 other people have died in 2025 while in their custody.

Aiken said the consequences of the crackdown can extend to people who believe they are following the rules.

“I was speaking to a colleague here in Toronto who told me of a terrible case,” she said. “A protected person, granted protected status in Canada, mistakenly thought they could travel to the United States to visit a relative.”

That individual was detained by ICE and deported to a third country, despite Canada being willing to receive them, Aiken said.

“Anybody could potentially get caught up,” she said. “And certainly, people who are not native-born Canadians are at greater risk.”

For Canadians considering travel to the U.S., Petrozzi offered blunt advice.

“My advice actually would be don’t go,” he said. “I think the risks now outweigh any reward.”