This is not a hate crime.

The Americans turn back Canadians from their borders every day, people that the US has decided that they'd rather not have in their country for one reasons or another. That's not a hate crime either.

What is unfortunate is constant, endless barrage of "hate crime", "racist", "bigot", and whatnot. You've diluted the words to the extent that fewer and fewer people care that they are being used. Which is really unfortunate for when a situation arrises that these words are actually appropriate.