Canada copes with influx of asylum seekers from United States

Canada copes with influx of asylum seekers from United States

Donald Trump’s inauguration as President of the United States has ushered in an age of unprecedented anti-immigrant sentiments. After just over a month in power, the new administration has rolled out a bungled immigration ban by targeting seven major Muslim dominated countries; put a moratorium on accepting refugees and introduced harsh new deportation orders. In this turbulent atmosphere, some refugee applicants or undocumented people in America are feeling understandably unwelcome and are targeting Canada as a better option. The result is a complicated legal situation which Canadian immigration lawyers and law enforcement are working to navigate including steps to secure borders.

In the week’s following President Trump’s January 20 inauguration, border towns in both Quebec and Manitoba have witnessed an influx in migrants entering Canada illegally. While exact figures are scarce, asylum seekers number in the hundreds, with at least 139 crossing near Emerson, Manitoba.
“The rhetoric in the U.S. against foreigners, migrants, refugees and against specific groups has prompted some of them to feel they were potentially at risk in the U.S., of not having access to a fair process in the U.S., and those decided to come to Canada,” said the United Nations’ refugee agency representative in Canada, Jean-Nicolas Beuze, to the CBC.

As Canadian immigration lawyers understand, individuals are choosing to enter Canada illegally because of a bi-national legislation signed in the wake of the September 11 terrorist attacks. The Canada-U.S. Safe Third Country Agreement stipulates that ‘refugee claimants are required to request refugee protection in the first safe country they arrive in, unless they qualify for an exception spelled out in the agreement,’ according to the CBC. Because Canada considers the United States a ‘safe third country,’ it is compelled to deny refugees’ requests for entry.

However, the Canada-U.S. Safe Third Country Agreement applies only to official ports of entry such as airports, land border crossings, and train stations.

A number of Canadian politicians, particularly among the NDP party, and Canadian immigration lawyers are calling on Prime Minister Justin Trudeau’s Liberal government to temporarily suspend the agreement, though Immigration Minister Ahmed Hussen has stated that there is no plan to do so.

Under the current system, individuals who illegally enter Canada are intercepted, arrested, and taken into police custody by the RCMP, where they are questioned and have their identification checked. Once they have been cleared, they are handed over to the Canadian Border Services Agency, which determines whether they have a valid claim under the Immigration and Refugee Protection Act.

Today, Canadian officials are coping reasonably well with the sudden influx in overland asylum seekers. But the system is already under strain, and additional measures will have to be introduced if the flow of migrants continues unabated.

If you have questions or concerns about the Canada-U.S. Safe Third Country Agreement or the surge in travellers from America to Canada, don’t hesitate to contact the Canadian immigration lawyers at Nanda & Associates today.

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