Here’s what really happened when Canada shut down Roxham Road

A possible fallacy to arguments made by advocates that the change affected the “most vulnerable people without the money, without the wherewithal, without the ability to get a visa, who are now excluded from Canada’s protection” is that it appears that many of the Roxham Road crossers had arrived in the USA by air, and, who, in many cases, had US entry visas.

So perhaps more of a shift between source countries than greater impact on the more vulnerable and a shared “class privilege”:

New rules brought in this year to stem the tide of irregular migrants at spots such as Quebec’s Roxham Road have changed who is coming to Canada to seek asylum and how they are getting here, a Star analysis reveals.

The shift in patterns, critics contend, means that some of the most vulnerable refugees are being excluded from Canada’s asylum protection.

In March, Washington and Ottawa expanded the Canada-U.S. Safe Third Country Agreement across their entire shared border — not just at the official ports of entry.

In doing so, they closed a loophole that had been used by irregular migrants to sneak from one country into the other to seek asylum, something that had drawn significant political and media scrutiny.

The updated accord meant that any foreign national who attempted to cross into Canada at any point of the 8,891-kilometre shared border without authorization would be denied access to asylum and turned back to the U.S., unless one of the exceptions to the rule applied.

Since new rules took effect in late March, the foot traffic of asylum seekers crossing Quebec’s Roxham Road has dwindled to a trickle or nothing. Yet there hasn’t been a major drop-off in those coming to Canada to seek asylum.

Data obtained by the Star offers an explanation.

Between January and July of this year, the total number of by-air and by-land asylum claimants to Canada was 39,295 — an increase of 29 per cent over the same period last year. (This year’s number also surpassed by a huge margin the 14,820 recorded by the end of July in 2019, the year before the pandemic hit.)

After the new border rules were put into place in March, the number of land claimants dropped significantly — from more than 5,000 a month in the first three months of 2023 to just under 1,500 a month.

However, that decline was offset by the surge in the number of people seeking protection upon arrival by air.

Although there were 9,490 fewer people making claims at the land ports of entry between March and July, the number of migrants seeking asylum at airports grew by 8,425 over the same time in 2022. It’s gone from 1,500 a month at the start of the year to 3,350 a month since April.

Critics say the new border measures simply make the presence of refugees less visible and their arrival less dramatic.

“In order to erase the images of people crossing with luggage in hand at Roxham Road and quiet the noise of a political backlash, the government has created a new problem, but it’s a less visible problem,” said refugee lawyer Maureen Silcoff. She added that the would-be asylum seekers who are in the most jeopardy might be the hardest hit by the policy change.

“My concern is the government has now put in place a system with dire consequences, because the more vulnerable people are now at high risk of harm in their country of origin because the land border is closed and the airports are not available to them … It’s the most vulnerable people without the money, without the wherewithal, without the ability to get a visa, who are now excluded from Canada’s protection.”

Unlike some migrants arriving by land, claimants who come by air must have some forms of travel documents such as a passport and visa or electronic travel authorization (eTA) to board a flight to get here. The new border rules have seemingly had an impact on what nation’s would-be asylum seekers reach Canada.

Turkey remains the main source of land-border claimants, with 3,545 claims lodged between January and July, followed by Colombians (3,005), Haitians (2,205), Venezuelans (2,010) and Afghans (1,685) among the top five.

The source countries are drastically different for those coming by air. Mexicans top the list with 7,885 claims in the first seven months of this year, followed by Indians (1,985), Kenyans (975), Senegalese (745) and Ethiopians (475).

Experts can’t explain the surge of by-air claims in Canada since April because there have not been any dramatic world events that prompted the spike in claims from those countries, though there are generally increased arrivals of claimants by air in summer months.

“People who are fleeing as refugees come from a whole range of backgrounds. You’re going to have to do country-specific research in order to identify the migration corridors they use,” said Prof. Sharry Aiken, who teaches immigration law at Queen’s University.

“Data sets don’t coalesce because people were coming as irregular migrants and that was the only way they could come, and people who are still coming on planes are able to get documents.”

What’s clear to Aiken is that these top refugee source countries, whether their asylum seekers come by air or land, all have a history of human rights violations. Canada does not require visas from Mexican travellers, she said, which explains the high volume of air claims from Mexico. (The U.S. requires Mexicans coming by air or land to have a visa or another document called a Border Control Card.)

“Every attempt by governments to seal borders is not going to be effective in reducing the numbers of people arriving. They will temporarily reduce some asylum seekers from taking particular routes, but others will be taking different routes,” Aiken said.

“People are still getting here, but not the same people who would have otherwise been able to come here, at least in some cases. My guess is that we’re getting asylum seekers with a degree of class privilege who are arriving by plane.”

Source: Here’s what really happened when Canada shut down Roxham Road