IRCC orders asylum claimants who crossed U.S. border irregularly to leave or face deportation

2026/04/16 Leave a comment

Implementation:

Asylum seekers who crossed the border from the United States irregularly and claimed asylum are being ordered by the immigration department to leave Canada as soon as possible or face being deported, after the passing of a new law tightening up asylum rules. 

Immigration lawyers have expressed fears that many foreign nationals receiving warning letters from Immigration, Refugees and Citizenship Canada will now cross back into the U.S. and be detained by U.S. Immigration and Customs Enforcement (ICE), and deported. 

The immigration lawyers are also raising concerns that the letters don’t adequately inform asylum seekers that they may be eligible to remain in the country despite the new restrictions. The new law limits who can receive a hearing before the Immigration and Refugee Board of Canada, or IRB, potentially putting many asylum seekers on a fast-track to deportation.

The IRCC warning letters were sent to refugee claimants within days of the new law, known as Bill C-12, receiving royal assent last month. …

Source: IRCC orders asylum claimants who crossed U.S. border irregularly to leave or face deportation

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Asylum crackdown passed under Carney first requested by Trudeau’s immigration minister

2026/04/16 Leave a comment

Not surprising. Miller was able to successfully change course in terms of lower levels and limits on temporary workers and international students, which of course did not require legislation, unlike these changes:

Major changes to Canada’s asylum system passed into law this year were first sought by the federal immigration minister in 2024 — but the Trudeau government largely did not act on them.

In a letter obtained by CBC News from the fall of 2024, Immigration Minister Marc Miller wrote to Prime Minister Justin Trudeau and Deputy Prime Minister Chrystia Freeland requesting that Immigration, Refugees and Citizenship Canada (IRCC) be permitted to bar asylum seekers from making refugee claims if they had been in Canada for more than a year.

The request from Miller was retroactive to June 25, 2020 — one day off from the date included in the Carney government’s border law.

Miller also sought to stop asylum seekers from making claims more than 14 days after crossing into Canada from an irregular port of entry on the Canada-U.S. land border, another measure that only wound up passing under Bill C-12 last month.

“The in-Canada asylum system has faced mounting pressure in recent years, largely driven by increasing numbers of asylum seekers, resource constraints and evolving global migration dynamics,” Miller wrote.

“The system has been strained as the number of claims increased dramatically, leading to lengthy processing times and backlogs, and resulting in prolonged uncertainty for migrants.”

There is one provision, eventually passed under Bill C-12, that appeared to have the support of Trudeau’s Prime Minister’s Office.

Miller advocated for IRCC’s ability to mass-cancel groups of visas, which the government publicly mentioned in a suite of border security measures in December 2024. 

Reached for comment, Miller declined, citing cabinet confidentiality. 

The Prime Minister’s Office referred CBC News to current Immigration Minister Lena Diab for questions. A spokesperson for Diab’s office said it could not speculate on the actions of the previous government. 

‘Risk mitigation’ for U.S. policy

Miller wrote that the stricter rules for irregular crossings would “act as a risk-mitigation strategy” for “anticipated changes to U.S. immigration policies” that could cause major changes to “asylum migration trends impacting Canada.”

It is unclear whether the letter was sent by Miller before or after the re-election of U.S. President Donald Trump.

Miller also wrote that the U.S. was “the only comparable jurisdiction internationally that has a similar limit on eligibility.”

“The one-year time limit was chosen in part because a significant majority of claimants make their claim within their first year of being in Canada,” says an annex attached to the letter.

“The use of a one-year period is also a clear and easily communicated timeline for claimants to understand the period in which they are allowed to make a claim.”

Miller was turfed as immigration minister under Prime Minister Mark Carney in March 2025 and returned to cabinet with the heritage portfolio last fall.

C-12’s passage was a battle

The legislation Carney’s government wound up passing was not without controversy. 

First presented in late spring 2025, it was eventually split into two different bills after opposition parties raised a number of concerns over its security and immigration components.

Re-introduced as Bill C-12, it was scrutinized closely by the Senate, which took the unusual step of suggesting multiple amendments, including removing the one-year bar. However, senators agreed to drop those amendments once the government turned them down.

In his 2024 letter, Miller foresaw “vocal criticism from stakeholders and legal challenges” to the proposed changes.

Immigration and refugee advocates and lawyers indeed raised concerns about C-12. 

The law passed with the Liberals finding support from the Conservative Party and the Bloc Québécois. 

Since coming into effect, IRCC has begun telling tens of thousands of asylum claimants they may not be eligible for refugee status.

Source: Asylum crackdown passed under Carney first requested by Trudeau’s immigration minister

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A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights

2026/04/01 Leave a comment

No surprise that it is likely to be challenged and we will see how the courts rule, whether purely theoretically or with some practical understanding:

A major bill reforming immigration powers is now law in Canada, giving Ottawa powers to mass cancel groups of visas and setting  time limits on asylum claims in the name of bringing immigration numbers under control.

But the legislation,  passed Thursday,  has also raised concerns from a coalition of civil society groups, including Amnesty International, immigration lawyers and public sector unions, that says it places too much authority in the government’s hands and is vowing to fight it. 

“Bill C-12 attacks the rights of refugees and migrants,” Julia Sande, a lawyer specializing in privacy and migrant rights at Amnesty International Canada, said in an interview with CBC News. “It makes it harder for people to have their claims for refugee protection fairly assessed, so it puts people at risk of being deported to face persecution and torture.”

She said the mass-cancellation powers, “without any sort of individualized assessment,” amount to shirking Canada’s international legal obligations. 

Adam Sadinsky, vice-president of the Canadian Association of Refugee Lawyers, called C-12 “the most significant rollback of refugee rights in more than a decade.”

He said he has no doubt the legislation “will ultimately end up before the courts to make a decision on its constitutionality,” and said he believes refugee and immigration lawyers across Canada are advising their clients and mulling whether they have cases that would form “the basis of a challenge.”

Sadinsky and Sande’s groups are part of the broader coalition, which includes the Canadian Council for Refugees, the Canadian Muslim Public Affairs Council and public sector unions like the Canadian Union of Public Employees.

‘A dangerous path’

In a statement, the coalition warned the bill sets “current and future governments on a dangerous path by limiting the ability to seek refugee protection in Canada, […] and facilitating the sharing of personal information within and outside the country.”

The law will cancel out thousands of refugee claims, as it also retroactively bars those who came to Canada more than a year prior from filing claims with the Immigration and Refugee Board. 

Retroactive to June 24, 2020, and applying to claims made on or after June 3, 2025, the legislation would see some 19,000 applications dismissed, according to testimony by Immigration Minister Lena Diab to a Canadian Senate committee.

As for its necessity to acquire mass-cancellation powers, the government has cited hypothetical events out of its control such as wars or pandemics. It has also spoken about possible fraud in hypothetical scenarios.

However, based on internal IRCC documents, CBC News reported last fall that the department was concerned about “country-specific challenges” due to fraudulent visitor visa applications from India and Bangladesh. …

Source: A major immigration reform bill is now law in Canada. Some worry it rolls back refugee rights

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Senate committee calls for gutting of flagship immigration bill over human rights concerns

2026/02/25 Leave a comment

In the end, Senate approved without amendments:

A flagship bill that would tighten Canada’s immigration and asylum rules should be gutted, with key sections removed to address concerns regarding human rights and privacy, a Senate committee has recommended. 

The Senate committee on social affairs, science and technology has been studying Bill C-12 and hearing from experts. In a new report, it expressed fears that parts of the proposed legislation would lead to an “overreach of executive powers” and have a disproportionate impact on women and members of the LGBTQ community. 

The Senate committee called for the deletion of parts 5 to 8 of the bill and, failing that, for substantial amendments including to sections tightening up Canada’s asylum system. 

The Senate committee on public safety, which has also been examining Bill C-12, reviewed the proposed legislation in detail on Monday and discussed amendments after considering the social affairs committee’s recommendations. 

Of particular concern to the social affairs committee was part 8, which would prevent asylum seekers who have been in Canada for more than a year from having claims for refugee protection heard by the independent Immigration and Refugee Board.

The purpose of the rule, according to Immigration Department officials who addressed senators, is to prevent potential misuse of the system, such as by international students who claim asylum because they want to remain in Canada. 

But the Senate Social Affairs committee report warned that the change could mean that someone who visited Canada as a baby for a day and later returned at age 10 could be deemed ineligible to be heard at the independent tribunal. …

Source: Senate committee calls for gutting of flagship immigration bill over human rights concerns

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Ottawa places a sensible limit on the right to claim asylum

2026/02/23 Leave a comment

Agree. Previous approach not sustainable:

…Refugee advocates have said the idea that students here for more than a year are more likely to submit fraudulent claims is unfounded. However, the government shouldn’t wait until problems mount to fix vulnerabilities in the system, especially given that Immigration Ministry staff say the measures are needed to ward off future misuse. 

There are trends that justify pre-emptive action. In 2024, international students filed a record 20,245 asylum claims, six times more than in 2019. In 2024 alone, 720 claims came from students at Conestoga College, which had a massive surge in international enrolment. Immigration Minister Lena Metlege Diab said that last year, 17 per cent of asylum claims came from students. 

Many students who are claiming refugee status are from India, which is also the home of the largest number of international students. There are certainly groups of people at risk from India – about half of refugee claims regarding India were accepted between 2018 and 2024 – but it’s not a country generally considered to be a huge source of refugees. There were just 375 refugee claims from Indian citizens in 2015, compared with 17,180 last year. 

The federal government needs to make sure it can quickly identify legitimate refugees, while at the same time, reduce abuses, such as the recent instance where 14 temporary residents suspected of extortion claimed refugee status to avoid deportation. 

Canada must maintain its status as a safe haven for people facing persecution, and the best way to do that is by carefully managing the immigration system. Streamlining the process for refugee claimants already in Canada is a good step to maintaining the public trust needed to help the world’s most vulnerable.

Source: Ottawa places a sensible limit on the right to claim asylum

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Immigration Minister defends proposed changes to asylum rules through border bill

2026/02/18 Leave a comment

Of note. Hard for refugee advocates to admit need for limits or the extent of misrepresentation:

…Canada has seen an increase in asylum claims from international students, who have been the target of immigration restrictions, in the last few years. Over the past year, 17 per cent of asylum claims came from students, according to Immigration, Refugees and Citizenship Canada. 

Ms. Metlege Diab answered questions about the asylum implications of Bill C-12 along with Public Safety Minister Gary Anandasangaree on Feb. 9 at the Senate’s national-security committee.

On Thursday, she was questioned by senators on the social affairs committee, which is also studying the bill. 

Senators also heard unease expressed from a range of witnesses, including the UN Refugee Agency.

One of the concerns is that the proposed one-year cutoff for asylum hearings would be measured from the first time someone entered Canada. The bill specifies that the one-year period “begins on the day after the day of their first entry.”

Refugee advocacy groups warned senators this could mean that someone who came here on holiday as a child with their parents would be barred from a refugee hearing decades later.

They also hit back at suggestions that foreign nationals claiming asylum, including international students who had been here for more than a year, were more likely to lodge fraudulent claims. 

Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees, a non-profit advocacy organization for refugee and immigrant rights, was among those who addressed the Senate committee. 

“Suggestions before committees that certain claimants are likely to be fraudulent because they are students or because they have been here more than a year are as unfounded as they are offensive,” Ms. Sreenivasan told senators.

“These blunt measures disproportionately harm the most vulnerable: women fleeing violence, LGBTQIA+ individuals, minors, those with mental health challenges or people from unstable regions.”…

Source: Immigration Minister defends proposed changes to asylum rules through border bill

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Deportations to be reported to Parliament each month under Conservative changes to border bill 

2025/11/28 Leave a comment

Hard to argue against more data but the Government and NDP rejected a similar amendment in the case of C-3 (citizenship). But yes, quarterly and annual reports are more informative in terms of trends but given that all IRCC immigration-related data sets are released monthly on open data, same should apply here and on open data, not reports to parliament:

Ottawa would have to report to Parliament every month on the number of foreign nationals who have been deported, including those with criminal convictions, under changes to the government’s border bill pushed through by the Conservatives. 

A slew of amendments to Bill C-12, including boosts to immigrationenforcement, passed in a marathon meeting of the Commons public safety meeting on Tuesday evening, where MPs scrutinized the bill until midnight. 

The committee voted for detailed monthly reports to Parliament on the number of deportations, including on where people came from and their age and gender, despite objections from a senior border official who argued that quarterly or annual reports would paint a clearer picture.

The amendment, proposed by the Conservatives, follows a report earlier this year that hundreds of convicted criminals facing deportation have gone missing. …

Source: Deportations to be reported to Parliament each month under Conservative changes to border bill

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Opinion | Carney’s Bill C-12 brings back a dark chapter in Canada’s immigration policy

2025/11/27 2 Comments

Representative sample of immigration lawyers’ perspective, overly alarmist IMO in its use of historical examples which have largely been overtaken starting in the 1960s:

…Disturbingly, this aspect of C-12 mirrors historic forms of immigration legislation which systemically violated the human rights of immigrants and refugees on both sides of the border. It is a return to an era of immigration legislation, when, in Canada, highly discretionary powers were used by the Governor-in-Council to impose discriminatory immigration restrictions — also framed as being in the “public interest.” These orders were used to prohibit specific “races,” nationalities, and classes of immigrants, often without parliamentary debate or without having to introduce any amendment to the Immigration Act in place at that time. Some examples of prohibited classes by orders include the 1908 Continuous Journey Regulation — intended to restrict immigration from India and Japan — orders in council restricting Chinese immigration, and the prohibition of immigrants involved in labour strikes, members of the Communist Party, or unemployed persons in 1931.

This dark chapter of Canadian immigration history is generally discussed as a vestige of a bygone era, replaced by an ostensibly modern, merit-based system that protects human rights. But the images of the MV Sun Sea (2010) or the Adriana (2023) boats, filled with migrants abandoned to their fate, are eerily reminiscent of those of the Komagata Maru (1914) and the St-Louis (1939).

The framing of migration as a “border security” issue in Bill C-12 and the broader scapegoating rhetoric targeting immigrants remind us of these past “none is too many” directives, highlighting the fact that immigration policy was of course never simply a bureaucratic process — it has also always been about deciding who, ultimately, is allowed to be recognized as fully human. 

Ironically, it is the very security of those who have found safety in Canada which will be undermined by this bill, allowing for the routine violation of rights protected under the Charter and international law for anyone who is not a citizen. This should concern us all, as it will pave the way for the flagrant rights abuses that we see in the U.S. to take place here: indefinite family separation, skyrocketing deportations and mass violations of due process. In this context, Prime Minister Carney is right to invoke “old relationships.” Except they are far from “over.”

Gwendolyn Muir, Jared Will and Anne-Cécile Khouri-Raphael are lawyers. 

Source: Opinion | Carney’s Bill C-12 brings back a dark chapter in Canada’s immigration policy

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Conservatives plan to try and amend asylum system rules in border security bill

2025/11/21 Leave a comment

Will be interesting to what role the Bloc plays in committee. May well end up with the committee making amendments and the government and NDP rejecting all as was the case with C-3:

Conservative immigration critic Michelle Rempel Garner said Thursday she plans to try and “amend the heck” out of the government’s border security bill, Bill C-12, with a host of measures targeting the asylum system. 

Her proposed changes include disallowing asylum claims from people who transited through Europe or another G7 country on their way to Canada and denying access to social benefits, except emergency medical treatment, for those with a failed asylum claim.

“I think Canadians want some change in this regard. Canada’s system for allowing and accepting asylum claims is pretty generous,” Rempel Garner said at a press conference on Parliament Hill.

“So somebody who’s failed a review, I think it’s fair that the only federal benefits that they receive is emergency health care and I think a lot of Canadians would agree.”

Rempel Garner said she also plans to propose changes to speed up the deportation of non-citizens if they are convicted of a crime or if their pre-removal risk assessment isn’t successful.

This includes clarifying the definition of “serious criminality” in the Immigration and Refugee Protection Act to be a conviction of an indictable offence, or a hybrid offence where the Crown proceeded with an indictable charge. 

Rempel Garner also said she will propose a ban on repeat pre-removal risk assessments if the initial one fails unless new evidence of changed circumstances is presented. 

She said increased rates of permanent and temporary immigration, in addition to increased asylum claims, have “broken” Canada’s system and contributed to declining support for immigration.

“I think everybody in Canada, (of) every political stripe, should be deeply concerned with public polling data that shows that Canadians are losing faith in the immigration system,” Rempel Garner said. …

Source: Conservatives plan to try and amend asylum system rules in border security bill

Some initial reactions:

…Fen Hampson, president of the World Refugee & Migration Council, said “there are arguments to be made for tightening up the system to prevent abuses but by the same token you don’t want to swing wildly in the opposite direction.”

He said banning people from claiming asylum who had passed through an EU or G7 country would bar Canada from accepting people fleeing war-torn states who, for practical reasons, have to pass through Europe to get to Canada. 

“You are likely going to have to stop somewhere on your way to Canada and it may be a few days or it may be more than that,” he said. “Few asylum seekers can book a ticket to fly directly to Canada.”

The border and immigration bill – known as Bill C-12 – will be considered clause by clause next week by MPs on the public safety committee. 

Ms. Rempel Garner told a press conference on Thursday that her party will table their amendments then. One would end federal benefits for failed claimants of asylum, beyond emergency health care…

Source: Conservative amendments to borders bill would make sweeping changes to asylum system, I’m going to amend the heck out of C-12 to fix Canada’s broken immigration system. (Rempel Garner’s substack post)

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Trigger for new immigration powers ‘intentionally not defined’ in border bill: Diab

2025/11/01 Leave a comment

Not reassuring as some guidelines or principles would be useful:

Immigration Minister Lena Diab says the definition of a “public interest” event that would allow her department to pause or revoke immigration applications is “intentionally not defined” in new legislation.

Diab told the House of Commons immigration committee today the definition was left open-ended in the government’s new border security bill, C-12, to allow Ottawa to respond to unforeseen events.

“It is intentionally not defined in the legislation, as I said, to allow for maximum flexibility for the government to respond in a range of unforeseen circumstances that threaten the public interest,” Diab told the committee. 

Diab was asked repeatedly during the committee hearing when the government would be permitted to use the new powers to pause immigration applications or cancel existing documents.

The minister said they could be deployed in a national security emergency or health crisis, adding the government could have made good use of the power to pause immigration applications during the COVID-19 pandemic.

Tara Lang, Immigration, Refugees and Citizenship Canada director general of integrity policy and programs, told the committee the public interest power also could have been used for a mass extension of healthcare worker visas during the pandemic.

Conservative immigration critic Michelle Rempel Garner repeatedly asked Diab to explain what safeguards exist in the legislation to prevent the power change or revoke immigration documents en masse from being abused. 

“You want Parliament to give the government the ability to kick mass groups of people out, undefined, who they don’t like. That’s what it sounds like to me,” Rempel Garner said. 

“How could I go to ethnic groups in my community and say I could vote for this? This is actually bananas and so anti-Canadian. So what are those specific safeguards?”

Diab replied that these powers would “only be used in exceptional circumstances. She said the use of the powers would have to be Charter compliant and the decision would have to be made in consultation with other ministries and cabinet. 

More than 300 civil society organizations, including civil and migrant rights groups, have called on the government to withdraw this legislation due in part to the proposed power to mass cancel immigration documents. 

Justice department officials at the committee said that it’s their opinion the legislation being put forward is Charter compliant. 

The rationale for using these powers would be published in the Canada Gazette and through a cabinet order, with specific reasoning on why the powers are being used and who is affected.

Lang said that while the powers could be used to revoke an immigration document, they would not remove someone’s legal status in Canada as that is a different process. 

Lang added that if people feel they are “improperly named” in one of these orders there is an opportunity for them to request to the immigration department that they be removed from the order revoking or modifying a document. 

Source: Trigger for new immigration powers ‘intentionally not defined’ in border bill: Diab

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