How Canada can restore order to its immigration system: Anglin

Former deputy chief of staff to former PM Harper and chief of staff to former CIC/IRCC Minister Kenney Howard Anglin offers some suggestions to deal with the influx of irregular arrivals, rather than merely criticizing the government.

His first point, on joint border patrols, requires US agreement, as does the second point, amending the STCA to include irregular arrivals. Both are likely non-starters with the Trump administration as the border crossers are people they want to leave anyway. Anglin acknowledges that with respect to amending the STCA.

His other ideas are worthy of consideration although they will be anathema to some. If the government is confident about the US refugee determination system, as it has stated repeatedly, then accepting their determinations would be fully consistent with that confidence.

Equally controversial is his suggestion to deduct any increase in asylum seekers from the overall protected persons class (refugees) in order to maintain the overall share. But his logic is clear, even if Australia is not the best example to emulate regarding refugee (and citizenship) policy. But should, in the unlikely event the Canadian government would adapt this approach, it would retain the flexibility to change the numbers should circumstances warrant.

First, Canada should substantially increase joint border patrols with the U.S. to apprehend people attempting to cross illegally before they can. There is a precedent for this in the Shiprider program, in which the RCMP and the U.S. Coast Guard jointly patrol smuggling in the Great Lakes. This cooperation, which was formalized as part of the 2011 Beyond the Border Action Plan by then-president Barack Obama and former prime minister Stephen Harper, should be expanded to the land border at points of frequent illegal crossing. With a border as long and porous as ours, this will never be a complete solution, but even if it only slows the flow, it would give bite to Trudeau’s currently toothless request that migrants respect our laws.

Second, the Safe Third Country Agreement (STCA) should be tightened in two ways. Under the agreement, if an asylum-seeker presents himself at a regular port of entry on the Canada-U.S. land border, we will turn him back to make his asylum claim in the United States. But if he crosses outside a port of entry—even a few hundred yards to the side—he is permitted to make his asylum claim in Canada. To remove this incentive for law-breaking, the STCA should be extended, consistent with its underlying principles, to anyone coming directly from the United States, regardless of how or where they arrived.

We should also close the loophole allowing migrants coming from the United States to make an asylum claim in Canada if they have a family member here. The definition of “family member” in the STCA is much broader than the usual definition in Canadian immigration law, including not just parents and children but also siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews. That wide net is made even wider by lax enforcement. If you turn up at the border at Windsor claiming to have an uncle in Montreal, there’s not much CBSA can do beyond making some phone calls. We rarely require strict documentary proof from both parties, let alone DNA testing, as we should (and could, without U.S. approval).

Unfortunately, the likelihood of the United States agreeing to close these loopholes is slim. Previous requests have been rebuffed, and changes that mean more people will make asylum claims in the United States rather than Canada must be about as low as you can get on the American foreign policy agenda. Still, that doesn’t mean we shouldn’t continue to ask and even to tie them to other negotiations over matters our neighbours do care about.

There are, however, two changes to the asylum system that we could make unilaterally. We could start by amending our laws to recognize American courts’ asylum decisions. Today, if an asylum seeker’s claim is rejected in the United States, he can walk across the border and make another one here. With reciprocal recognition and access to American asylum records, we could deny serial claimants a second kick at the can here. Trudeau and Hussen have recently reaffirmed their faith in the independence of the American asylum system and the idea that it satisfies Canadian standards of due process underlies the STCA. It’s time we took that idea to its logical conclusion.

The government could also copy Australia and amend the way we categorize and count refugees. Currently, the government sets annual immigration targets each year by category, which it submits to Parliament each autumn. In 2017, for example, as part of an overall total of 300,000 new immigrants, the government set a target of 25,000 for refugee resettlement and 15,000 for successful inland asylum claimants and their dependents. Unlike other immigration categories, which are within the government’s control, this last one is always an estimate. If many more asylum-seekers arrive in Canada, then we have no choice but to process them and to accept all successful claimants, even if they are over and above the stated target.

If we were to combine the two categories into a single class of humanitarian immigrants, then we could adjust the number of resettled refugees we admit each year to compensate for any inaccuracies in our estimate for the category of inland claimants. Using this year’s combined total of 40,000, if we end up accepting 20,000 asylum claims instead of the 15,000 the government predicted, we would reduce the number of overseas refugees we resettle from 25,000 to 20,000, keeping us within the overall target. If it’s not possible to be that nimble in adjusting resettlement numbers on an annual basis, then the total could be spread over two years, with next year’s number reduced instead (or increased in a year when we receive fewer successful inland asylum claims than predicted). A combined annual cap on all refugee immigration wouldn’t directly address the current flood of migrants, but it would be an important step towards regaining control over total immigration to Canada.

The government may have been slow to react to the migrant problem, but it isn’t too late for Trudeau and Hussen to restore order and reassure Canadians that our immigration system is as law-bound as they claim on Twitter. It will, however, take action as well as words. Decisive action, of the kind described above—backed up with tough words, of the kind Trudeau usually prefers to avoid.

Source: How Canada can restore order to its immigration system – Macleans.ca

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

One Response to How Canada can restore order to its immigration system: Anglin

  1. Pingback: How Canada could prepare for potential new wave of asylum seekers: Anglin and House | Multicultural Meanderings

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