Buffalo, N.Y. (WBEN) - While many across the United States and the rest of the world have been returning to a sense of normalcy from the COVID-19 pandemic, there are still a few measures and restrictions that are hampering every day life matters.
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One of the major COVID-related issues, in terms of restrictions, that continues in Western New York is at the U.S.- Canada border with travelers being able to freely flow between borders. While U.S. citizens have been granted access to travel across the Canadian border without any vaccine requirements, the same cannot be said for Canadian citizens trying to enter the United States, especially those who may be unvaccinated.
"Even though there was the announcement that the pandemic will be 'coming to an end' May 11 under the restrictions that are there federally, the Department of Homeland Security has not made an announcement yet that it's going to be lifting the vaccination requirement for those entering into the United States," said border attorney Jamie Fiegel from Fiegel, Carr and Joyce. "The restrictions that went into effect, that were enumerated on April 21, 2022 about the verbal attestation and providing proof, they are still, as of today, in effect, and unless the Department of Homeland Security releases a press release to say that will be lifted, regardless of those listing of other restrictions that are going on right now, Department of Homeland Security is keeping the vaccination restriction."
An amendment was submitted by Congressman Brian Higgins (NY-26) back in early February regarding H.R. 185, which would ultimately put an end to the COVID-19 vaccine proof of vaccination requirement for Canadians entering the United States. That has been passed by the House of Representatives, but has yet to be presented to the U.S. Senate.
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Higgins has been a firm believer in ending the COVID-related restrictions at the border, saying the current border restrictions at the U.S.-Canadian border continues to show the lack of communication between both governments.
"It's another iteration of the inconsistencies between the U.S. federal government and the Canadian federal government, as it relates to the land ports of entry, of which we have several in Western New York, which are very important to our life quality and our economy. All COVID restrictions should be lifted," said Higgins on Monday while at an event at the Buffalo-Niagara International Airport. "You have a situation where the United States, still, requires those coming in to show proof of vaccination, but it's not being enforced. The fact of the matter is, we need to get back to a semblance of normalcy. We're in the process of managing this public health issue, and I think we're doing it well, particularly in the United States with wide availability of vaccines and other directives from public health officials. So those restrictions need to be lifted."
Congressman Nick Langworthy (NY-23) is also of the belief that COVID-related restrictions at the U.S.-Canada border all need to end.
"The vaccine, while I believe it saves some lives and severity of infection, it has nothing to do with the spread of the disease at this point. We're back to normal. We need to get back to 2019 normal," said Rep. Langworthy on Monday while at the Buffalo-Niagara International Airport. "This vaccine, any of these mandates need to go flying out the window. I mean, you can tell it's really over when SUNY let go of a vaccine mandate. It's far time that we get rid of any cross-border vaccine mandates, and I've voted record to support that in Congress."
Higgins' hope going forward is both countries have learned the lesson the hard way, and that all COVID-related restrictions at the border should be lifted.
WBEN has recently received emails from concerned groups frustrated with the continued requirement for Canadian travelers to show proof of vaccination to enter the U.S., and restricting those who are unvaccinated. The border restrictions still leave many families separated, continue to impact the economy of New York State and Erie County, and even has some Canadians harboring some unAmerican feelings, believing they are being unfairly treated by the U.S. government.
Even Fiegel has received some concerns from Canadian citizens who are looking to gain access to the United States.
"It's important to note that it does not apply to U.S. citizens. So those U.S. citizens going into Canada to return back to the United States, it does not apply to them. But I do have a lot of clients that were born in the United States, raised, married a Canadian and moved to Canada, they've been able to come back to the U.S. for vacations and to visit family. But their unvaccinated Canadian citizen spouse has not been able to join them. That's probably the most common issue that we see," Fiegel said.
May 11 will officially mark the ending of the COVID-19 emergency, as President Joe Biden informed Congress earlier this year. This will formally restructure the federal COVID-19 response to treat the virus as an endemic threat to public health that can be managed through agencies' normal authorities.
While there has been no official word from the U.S. government about when these COVID-related restrictions at the border will end, both Rep. Higgins and Rep. Langworthy are hopeful they will come to an end when the national emergency expires.
"It would seem logical that that provision would be lifted, and it should be lifted," Higgins said. "Again, we need to get back to a sense of normalcy. Our economies in both the United States and Canada have taken a major hit economically, and we need to get back to full restoration, making that cross-border trip a lot easier than it's been for the past three years. The greatest inducement to travel is ease of travel, so lifting this restriction - I am confident the Biden administration will do - will be a welcome action, as it relates to getting back to that semblance of normalcy."
"With no emergency in place, I don't see how we could possibly hold a vaccine requirement. We didn't have a measles vaccination mandate to cross the U.S.-Canadian border," Langworthy added. "We've got families that have been split apart for far too long. I think it's very embarrassing. People should make their own medical decisions, and the government should not thrust it on them because of a longing to be with their family members. So this needs to go flying out the window. May 11, all of this should be ancient history, at that point. We are done with this pandemic. There are people that want to drastically hold on for dear life to this pandemic, but you've got families that have been separated, loved ones that have been separated across this U.S.-Canadian border. It's not fair, it's not just. This needs to end now."
While Fiegel feels it would be the logical thing to do to end the COVID-related border restrictions still in place between the U.S. and Canada, she says that decision will ultimately be up to the Department of Homeland Security.
"Especially at our local ports of entry here, it's not that they asked everyone. It's kind of here-and-there, and their verbal attestation has been enough sometimes. So it's not even something that would be a huge culture shock if they did lift it, especially by us, in terms of procedure," Fiegel said. "But I would expect them to follow suit along the same timeline, Maybe not immediately, but it would make sense that they would lift around the same time, those restrictions."
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