Urback: Is the U.S. still a ‘safe’ country for refugees?
2025/06/07 Leave a comment
Valid question:
…Canada is now trying to make the process a little bit harder. This week, the Liberals tabled an omnibus bill that, among many other things, would render ineligible for asylum those who have been in Canada for more than a year (which addresses the spike in applications from international students who filed refugee claims after the government changed student visa rules in 2024), and would prohibit those who entered Canada via an irregular border crossing to file for refugee protection after 14 days. These are necessary changes that may help to bring Canada’s current four-year-backlog for refugee hearings down to manageable levels. But some people will still try….
But now, those without legal status in the U.S. are being picked up off the streets, thrown into detention centres and, in many cases, deported to third countries without a hearing. The Trump administration is doing that in defiance of court orders, as in the case of Kilmar Abrego Garcia, and resisting even the U.S. Supreme Court, which said that the government must “facilitate” the return of those deported in error.
This matters for Canada because of the principle of non-refoulement under international law, which holds that refugees should not forcibly be returned to countries where they are likely to face cruel, inhuman, or degrading treatment.
It used to be hard to argue that migrants sent back under the STCA would face that, but the case seems much easier to make now. Canada should prepare for another challenge to the STCA – and possibly, a different result.
