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Old 21st Feb 2018, 16:03
  #52 (permalink)  
Join Date: Aug 2008
Location: Polar Route
Posts: 1,697
I’m not implying that any CX pilot is working in the US illegally (because I don’t think they are), but I’m pretty sure a pilot commuting to a US base from outside the country will not be in possession of or clearing customs on a GenDec. Correct? That argument, if it is the one being made, is moot.

It’s one thing to be part of a crew on a foreign registered aircraft entering the US. It’s something entirely different to be based in the US and assuming federal and state’s rights without citizenship or some form of work visa. See the difference?

I don’t think anyone would argue that a YVR or YYZ based crewmember positioning into the US to operate a CX flight is doing so illegally. That is completely different than commuting, and where the confusion exists imo. A YVR based Captain is well within the law when positioning to LAX to operate. Nobody would dispute that. However, a US based, Canadian Captain living in YVR is different. I’m not sure US Customs is aware of the difference. Both appear the same to him at the kiosk.

Furthering the discussion, nobody would argue that the YVR based captain obtains US federal and state’s workers’ rights upon arrival to LAX. However, US based pilots (citizen, visa, and otherwise) are assumed to have those rights.

So, I think we have to account for the differences which are profound. I believe the law does not address them because this situation was never envisioned. However, the law does address members of foreign registered vessels. Google search the INA, but I don’t think it will result in any firm conclusions. It would take litigation and “intent of the law” to get any firm footing, which is why CX has, wisely imo, decided to freeze the US base to non-citizen/visa holders.

Notwithstanding California’s undocumented immigrant and worker policies, this is clearly an issue which falls under federal authority as per the Immigration and Nationality Act. Those challenging federal authority on these issues from the state and city government levels are going to be smacked down handily by the US Supreme Court once the cases filter their way through all the lower federal courts and their activist judges legislating from the bench.
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