A growing chorus of legal experts on both sides of the border is calling on Ottawa to suspend a bilateral pact that bans asylum seekers from crossing border for protection, warning the U.S. is unsafe for refugees.
A Harvard University Law School review is the latest to warn about the negative impact of President Donald Trump’s executive orders on refugees, and is urging Prime Minister Justin Trudeau to reconsider the Safe Third Country Agreement.
The report, released Wednesday by Harvard’s immigration and refugee clinical program, comes on the heels of the arrival of 22 asylum seekers from North Dakota, including a child and a baby, caught walking in thick snow across an unguarded border into Manitoba last weekend.
It also echoed the recent calls on Canada by refugee advocates, immigration lawyers and academics to suspend the treaty.
“The new policies allow any state and local enforcement official, not just trained federal agents, to pick people up on mere suspicion, detain them in any remote location, subject them to an expedited removal process, where many if not most will be unable to express their fear of return and be screened,” said Deborah Anker, head of the Harvard program.
“We are not going to tell the Canadian government what to do, but the finding that the U.S. is safe is wrong and unfounded, and should be blown out of the water.”
In the House of Commons Wednesday, Prime Minister Justin Trudeau said he was “very concerned” about asylum seekers attempting to reach Canada on foot, but refused to answer if the government would remove the safe country designation of the U.S.
“We are a country of immigrants, and Canadians have always acted with compassion (toward) those seeking safety for themselves and their families,” Trudeau told MPs. “We will continue to welcome people in need of protection.”
The Safe Third Country agreement, introduced in 2004, prevents refugees from making asylum claims in both the U.S. and Canada, which clogs the system. Claimants are banned from entering the other country for asylum unless they belong to one of four exemption groups.
Speaking outside the Commons, Public Safety Minister Ralph Goodale said Canadian border officials have both the training and resources to properly handle asylum seekers making the perilous journey across the border in the middle of winter.
“The fact that somebody crossed the border back at Christmas time and suffered very severe injuries is a serious concern,” said Goodale, referring to Seidu Mohammad, a 24-year-old Ghanian refugee who suffered severe frostbite trying to cross into Emerson, Man., on Dec. 24.
“Obviously, we’re concerned about the integrity of Canadian borders. We’re concerned about the public health and safety of the people that are involved. And both Immigration Minister (Ahmed) Hussen and I are examining all of the means that may be necessary in order to properly deal with this situation.”
While public attention thus far has focused on Trump’s executive orders that restrict travel and refugee intake from seven Muslim-majority countries, Anker said the fine print in the orders paints a bleaker picture for asylum seekers.
According to the Harvard review, Trump’s executive orders would:
- Expand immigration-related detention and the construction of new detention centres at the southern border;
- Expedite removal without due process;
- Authorize state and local officials to detain individuals on “mere suspicion” of immigration violations;
- Call for massive increases in the prosecution of immigrants and subject refugees with gender-based asylum claims to prolonged detention.
Anker said she is not surprised by the surge of asylum seekers risking their lives and illegally crossing the land border for protection in Canada to flee what she dubbed “the reign of terror” under Trump.
“They are terrified and have every reason to be very scared,” said Anker. “They have no idea when they would get picked up by who and where they would be sent to.”
York University Osgoode Hall law professor Sean Rehaag agreed.
“These are the expected consequences when Canada is closing its front door to asylum seekers via the U.S. and not let them in lawfully,” said Rehaag. “They cannot go through the port of entry and must come through irregular means. Canada needs to create a safe, lawful way for people to come.”
Hussen disputed the connection between Trump’s executive orders and the U.S.-Canada pact designed for the orderly management of asylum seekers in both countries.
“All I can tell you is this: anyone who comes to Canada and comes into our country, and makes an asylum claim, has access to a fair hearing at our Immigration and Refugee Board. Whether they pursue that fair hearing is up to them,” Hussen told reporters.
“We also have to maintain the integrity of our system and make sure that our system is about compassion and generosity, but also about controlling our borders.”
Queen’s University law professor Sharry Aiken said Canada has had a managed migration system to control the inflow at the border and she wondered if the Trump administration would care about the suspension of the agreement at a time when the U.S. is the last place refugees want to be.
“It is not going to significantly affect the U.S.-Canada relationship. They would be more than happy to do that,” said Aiken. “We are talking about a trickle here compared to refugees other parts of the world receive.”
With files from Tonda MacCharles
With files from Tonda MacCharles
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