Posted on 04/11/2008 10:06:08 AM PDT by buccaneer81
Dealing with border-jumping duffers Enhanced security putting the future of unique Aroostook Valley Country Club at risk
By Mark Rickard and Madeleine LeClerc Published Friday April 11th, 2008 Appeared on page A2
Will the only golf course that sits on both sides of the Canada-United States border fall victim to enhanced border security? The future of the Aroostook Valley Country Club – which has served both Americans and Canadians for 81 years – is in doubt if United States Customs border patrol officers enforce entry regulations at the club.
For more than eight decades, Aroostook Valley has been a unique location. Hugging the U.S. - Canada border, both Canadians and Americans have used Brown Road, a small country lane on the American side, to travel to the club. Once their vehicles are parked, golfers from both Canada and the United States walked back across the border to play golf in Canada before returning to their vehicles in the United States.
All that may have changed two weeks ago. Nicholai Pedersen, a Canadian whose farm is accessed via the Brown Road, was informed that enhanced security on the road meant he had to report to Fort Fairfield U.S Customs before he could drive to his house. Since 1947 Pedersen, his family, neighbours and visitors travelled back and forth without interruption or concern to the family farm.
While Canadian customs and excise officials described the blockade as a temporary measure to combat smuggling, the Americans apparently see the operation differently.
U.S. Customs and Border Protection special operations supervisor Ben Moreno described the blockade as part of a "long-term, enhanced" operation.
"We are doing enhanced border security operations which mean we have additional staffing in the area, and we are addressing certain areas on the Maine border that require extra enforcement operations. The location at Four Falls is one of the locations that we have determined need more enhanced enforcement," Moreno stated in a recent interview. "It's kind of a unique situation with the road on the United States border and Mr. Pedersen's residence is on the Canadian side border, and the only immediate access to Canada is on the US side of the border."
Moreno also stated that anyone who does not enter the United States through an approved customs port is breaking the law – and that includes golfers at AVCC.
"Anyone entering the United States is legally bound to present themselves at lawful port of entry. If an individual leaves the United States there is only legal option, to come through a United States port of entry… Any situation that involved someone crossing at other than a designated port of entry would have to be investigated. Of course the border patrol is there to investigate the situation."
Moreno said Canadians going to play golf at AVCC will have to go to Fort Fairfield to enter the United States before returning to Canada for the round of golf. But once they walk back across the border to the U.S. to get their vehicles, they are breaking American law.
"Technically if they leave the United States to go into Canada and then they return to the United States they have to go through a U.S. port of entry. That's the troubling situation that the golf course is in right now because if you do park your vehicle in the parking lot, that half of it is in the United States. However if you walk into the golf course area you are making an entry into Canada and you are supposed to present yourself to a Canadian port of entry. That's the troubling situation, because of the events of 9-11, will have to be resolved at a higher level than we are at. We are in charge of protecting the border, monitoring the entries into the United States and investigating illegal entries."
Moreno said American golfers face the same dilemma – if they leave their vehicle in the U.S. to play golf in Canada, they are breaking the law.
The border patrol officer said both American and Canadian officials have done a good job informing border residents about passport and entry requirements, and he wants to ensure that residents understand the implications of crossing the border without going through a border port.
While American border patrol officers seem intent on following the letter of the law, the Canada Border Services Agency have no plans to change their policy of ignoring "illegal" entries into Canada to play golf.
"Anyone who enters into Canada has to report themselves to the CBSA and if they fail to do so it is a violation of the Customs Act, including penalties under the act. As far as changes taking place we are working with our partners and discussing options," Laurie Gillmore, CBSA spokesperson, commented.
CBSA will reopen their port at Four Falls, which is located where Brown Road turns back into Canada, from mid-April to mid-October. The border protection agency also has surveillance cameras located at the port which are monitored year-round.
"Canadians will be able to report at (Four Falls) customs legally just like any other port," she stated. "We work with the American authorities, they are our partners. We have no authority over any restrictions they might impose, but we are always discussing these issues with them and any options."
Tobique-Mactaquac MP Mike Allen said he called Maine State Senator Olympia Snowe's office to discuss the implications of these new restrictions.
"I don't think the American Border Services realize the challenge they are really creating ... that road has been there since Prohibition! I don't think they realize the implications on the American golfers as well ... Since 9-11, some laws have changed. It's hard to believe that basically everybody who has been going in and out of that road in the last 20 or 50 years has been breaking the law. The RCMP and the Border Enforcement Team have challenges on this as well."
Allen pledged to speak to Greg Thompson – New Brunswick's representative in cabinet as the federal Veteran Affairs Minister (Pedersen is a Second World War veteran) – but he hopes common sense will be the basis of any decision.
"I am hoping that common sense will prevail... that we can step back and look at the lessons learned and realize the challenges…. There are towns in Quebec, Manitoba and even Campobello Island where you have to go through the U.S. to get there. I want to work with the senator's office, tell her what my perception of what is happening, as well as with Greg Thompson's office. I have already communicated with Stockwell Day's office on this.
The MP said he understands the need for safe borders.
"I think everybody agrees with that and we all want that to happen but we have to realize the uniqueness of the situation. There are other cases like this in Canada. Let's step back before we implement something that's draconian. Let's be smart. So, we are going to do our lobbying and hopefully, we will arrive at a good resolution."
Right now the Aroostook Valley Country Club is dormant under the winter's heavy snowfall, but a letter of the law interpretation of the border rules when golf season finally arrives is worrying members. David Garnett of Rowena, who is the Canadian vice president of the board of directors – David Ricker of Fort Fairfield is the American president – said the traditional unwritten agreement with the border patrol has worked well as long as the course has existed.
"We were expecting a continuation of this unwritten agreement. There was a marked increase in activity by the border patrol last year, but as long as we came through the Canadian customs and drove directly into the Canadian parking lot, that was accepted. That was the position we were taking this year… we had no inkling that there was any change."
Garnett said a sudden shift requiring Canadian traffic to enter through Fort Fairfield would "really upset the apple cart" because all of the club's tourism promotion on the Canadian side tells visitors to enter through Brown Road.
"Most of the Canadian business comes through the Brown Road entrance. All of the information indicates that is the best way to go. It would put a monkey wrench into how the Canadian traffic would get there.
Garnett said Canadian golfers might be confused and inconvenienced, but he was more worried about how American golfers would be treated.
"There was talk about the U.S. putting a customs trailer just across the corner on the Brown Road where it turns into Russell Road… We do not have property in Canada that would allow us to construct our own road to the golf course. We would have to make arrangements with two Canadian families and build an access road all the way to the golf course."
Garnett said AVCC is a not-for-profit organization and does not have the resources for highway construction. Plus, the farthest any access road could reach would be the golf club maintenance shed.
"We very much want to work with the Canadian customs and the U.S. customs. Until that magical date when Canadian customs opens on the Brown Road, all our seasonal (Canadian) workers travel through Fort Fairfield to declare at U.S. and Canada ports."
Garnett said American golfers are used to parking in the U.S. and walking across the border to play golf, and he is worried that 200 members, roughly half of AVCC's current membership would suddenly find themselves in trouble with border patrol agents.
The golf club also enjoys a large number of visiting players, and most of these people come from the United States.
"Aroostook Valley is a major tourist draw in the State of Maine, which is ironic since it is in Canada. We get more American tourists than Canadian tourists. We have several tournaments a year that draw the best players from Maine."
If the US golfers disappear, it would seriously affect club operations. Garnett said he has sent emails to several American directors, and he is hopeful that a solution can be found.
"We need some common sense. This golf course has survived for decades and can continue to provide a great experience for both Canadians and Americans."
Aroostook ping.
There’s also an airport on the border out there, basically the main runway’s centerline is right on the border, the American terminal is, unfortunately, much more modern than the Canadian.
"Yes, two Birdies and one Eagle."
"Well the Birdies may be alright but I'm afraid the Eagle is a protected species so you'll have to forfeit that."
"But I'm Tiger Woods!"
"Oh no Tiger products at all can be imported or exported. That's a violation of Federal Law. Will you come quietly or will we have to use force?"
L
9/11 has made everyone terminally stupid, particularly employees of the United States Government and TSA. The terrorists won, regardless of what happens in Iraq, Afghanistan, Iran, et. al.
I guess in the name of ‘enhanced border security,’ no insane bureacratic madness such as this can be criticized.
If you can avoid going through an official border crossing by just going to play golf, and then heading into the other country afterwards, or even just after driving into the parking lot, then there basically is no border security.
My fiancee lives in Canada, and I cross the border on a very regular basis. While I would love for it to be even easier for me to cross (not that it is at all difficult now) I do understand that border security is important.
Idiocy abounds. I swear my head is going to explode today.
How long he has availed himself of a "convenience" is irrelevant.
The problem is not all about "him".
This minor story is the infinitessimal tip of the icebeg.
The price paid has been infinitely larger than what you suggest. Trillons of $s, and hundreds of thousands of hours of inconvenience for citizens and legal residents as the price of worshiping at the altar of Political Correctness and "muticulturalism."
As if those were the ends in themselves.
The national leadership has a lot of 'splaining to do to the uncompromising judge of history.
The obvious solution was easy to see, and easier to implement. The enemy, islam, was obvious from day one. Actually, for a decade or two before day one.
Worrying about golfers crossing the border... Too bad Customs and Border Patrol doesn’t put the same amount of effort and thought into another land border further south.
Seems to me there are an many laws being ignored as inconvenient.
If the powers that be want to enforce this law, lets put their feet to fire and have them enforce all laws.
BTW I am neither picking nits with you, nor criticizing your position.
Curious.
Google maps puts the entire golf course in Canada, as well as the clubhouse.
Only the west half of the parking lot is in the USA.
The road also forms the border.
>>”We need some common sense.<<
Consider the course closed. There is no common sense available in our government at any level.
You have issues.
I don't know it it is the case with this or not, but in some cases the administration does have leeway within the law to create exceptions, and that isn't a bad thing when they are carefully tailored to a specific situation, and they are spelled out specifically so that people can find out what the rules really are and can follow the law, and can know what the law is when making business decisions, such as opening a golf course with the greens in one country and the access road in another.
However, in this case, there appears to have just been an unwritten understanding that serves people's purposes well enough and avoided the trouble of forming a real formal agreement. However, that puts people in jeopardy of having the law enforced on them whenever they find an official particularly displeased with them.
There seems to be a tendency among our government to make it so that we are routinely breaking one law or another, so that there is always a legal premise for infringing upon our rights if the government feels the need to do so.
Our government actually argues that laws aren't unconstitutional, and that the courts shouldn't overturn them simply because they haven't been enforced in an abusive manner yet, and unfortunately the courts seem to routinely agree. You generally don't have standing to challenge laws until they have adversely effected you.
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