Legal troubles can significantly complicate any kind of international travel. This is especially the case when it comes to obtaining a US passport and flying to Canada.
An open arrest warrant can make everyday activities feel intimidating. In this article, we’ll explain the rules around getting a passport in the US when you have an arrest warrant and how it could impact your ability to travel internationally, including to places like Canada.
It’s important to note that attempting to flee a country to avoid the legal process often leads to even more trouble and can be a crime in and of itself. If you face legal difficulties, you should get professional legal help from a certified lawyer who can offer legal advice tailored to your unique situation.
Can You Get a Passport With a Warrant?
If you have a felony warrant, it is extremely unlikely that your application for a US passport would be successful.
The US State Department handles passport applications in the US and carries out background checks on applicants using the National Crime Information Center (NCIC) database. As part of the application, you will be asked to answer questions about outstanding legal issues, including arrest warrants.
The Department of State can refuse a passport application if a person has:
- An outstanding warrant for a federal felony
- An outstanding state or local warrant for a felony
- A court order or other imposed legal condition that forbids departure from the United States
This applies to arrest warrants and in cases where there has been a bench warrant issued by a judge because of an individual’s failure to show up to a court appearance.
Your passport application can also be denied by the State Department due to significant nonpayment of child support, or ‘seriously delinquent’ tax debts.
If you only have a misdemeanor warrant, it will usually not prevent you from getting a passport, however there are some exceptions for certain drug-related offences.
If you are on probation or parole, it is likely you will need permission from your supervising offer before being granted a passport.
False Statements
Providing false information during the passport application process in the United States is a federal crime. Penalties can include fines and up to 25 years in prison for the most serious cases.
Can You Go to Canada With a Warrant?
When it comes to entering Canada, having any kind of criminal record, including an outstanding warrant in the US, means you could be deemed criminally inadmissible at the border.
The Canada Border Services Agency (CBSA) has access to the United States National Crime Information Center’s (NCIC) criminal database, which is linked with all federal, tribal, state, and local law enforcement agencies in the US.
If you fly with a warrant for an offense that involves driving, bear in mind also that Canadian law generally treats these as serious crimes. An active warrant for misdemeanor DUI, OWI, or DWI in the US would very likely lead to being deemed inadmissible to Canada.
Before attempting to enter Canada, it is therefore highly advised to deal with the warrants in the US first. If you have any kind of criminal record, the two main ways to ensure you will not be deemed criminally inadmissible is to first obtain a Temporary Resident Permit (TRP), or Criminal Rehabilitation. Dogen Law has years of experience assisting with the application process for both.
Does TSA Check for Warrants?
The Transportation Security Administration (TSA) is responsible for airport security within the United States, but mainly focuses on the security of the aircraft and threats to national security.
They may check passengers against secure flight databases to prevent threats to the aircraft and ensure passenger safety, but these checks do not extend to outstanding warrants.
The TSA does regularly cooperate with airport police, however, so if you were singled out for another reason, such as suspicious behavior, drug trafficking, or possession of other prohibited items, the police could become involved and discover an arrest warrant.
Do Airports Check for Warrants?
While airport security personnel do not carry out checks for outstanding warrants, if you travel internationally into or out of the US, Customs and Border Protection (CBP) carry out more extensive screening.
Airlines provide CBP with passenger data for all inbound and outbound flights, which can then be checked against federal law enforcement agency databases including those from the FBI and DEA. This would likely reveal outstanding warrants and lead to the suspect being apprehended at the airport.
There is also the possibility of coming into contact with local law enforcement agencies for other reasons while inside the airport, that could then lead to being identified and arrest warrants showing up on police checks.
How Dogen Law Can Help
If you’re planning to visit Canada but have past convictions that could make you inadmissible, seeking guidance from an immigration lawyer can significantly simplify the entry process.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Our team can assist you with applications for Temporary Residence Permits and Criminal Rehabilitation to help you overcome criminal inadmissibility to Canada.
Get in touch today by completing our online assessment to see if you are eligible. If you still have questions about the process, you can also call our toll-free number for more information.
