Trump’s Immigration Crackdown Driving Illegal Immigrants To Canada: Semotiuk

Immigration lawyer Andy Semotiuk in Forbes offers his solutions to the increased number of  asylum seekers. The first one, essentially applying the safe third country agreement to those who arrive at border points that are not designated ports of arrival, appears more realistic than expecting the current US admin to take back asylum seekers:

An American solution Canada could use

The American Immigration and Nationality Act has a provision that better deals with this problem than anything Canada has in its legislation. Section 235(b)(2)(C) of the U.S. act states:

Treatment of aliens arriving from contiguous territory –

In the case of an alien … who is arriving on land (whether or not as a designated port of arrival) from a foreign territory contiguous to the United States, the Attorney General may return the alien to that territory pending a proceeding under section 240.

The provision, though not always popular with all quarters in the legal community, enables American officials to hold migrants at bay in Mexico until their removal proceedings are held.

What needs to be done immediately

In my view, three things need to be done immediately in the Canadian situation.

Firstly, the government of Canada needs to clearly state publicly that, as a general rule, while migrants from America who seek to come to Canada may or may not be facing prosecution for their illegal presence in the U.S., they are definitely not currently facing imminent persecution from the U.S. government. Therefore, they should not be crossing illegally into Canada.

Secondly, Canada should adopt a measure similar in nature to the American one mentioned above, so the country can turn migrants away when they cross the border illegally.

Finally, Canada should make immediate arrangements with the U.S. to return illegal entrants to U.S. officials until hearings can be scheduled at a later date. In this way the migrants can be dealt with fairly through appropriate hearings when they can be scheduled, but not at the cost of their immediate presence in Canada. In this way their cases will not negatively impact the debate about welcoming genuine refugees and immigrants to Canada but will be dealt with fairly in deserving instances.

Source: Trump’s Immigration Crackdown Driving Illegal Immigrants To Canada

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.

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