Présence illégale au Canada: Record d’expulsions de ressortissants étrangers l’an dernier

Of interest:

Selon les statistiques publiées le 25 février dernier par l’Agence des services frontaliers du Canada (ASFC) compilant pour la première fois l’ensemble de l’année 2024, le Canada a effectué en un an 16 860 renvois de ressortissants étrangers. Et la tendance à la hausse se poursuivra dans les prochaines années, annonce par courriel un porte-parole de l’ASFC, puisque l’organisme fédéral souhaite atteindre les 20 000 renvois par année d’ici 2027.Plus de 80 % des ordres de renvoi ont visé des demandeurs d’asile. On reproche à ces 13 527 personnes de ne pas avoir, de façon plutôt vague, respecté la Loi sur l’immigration et la protection des réfugiés.

Aucune précision n’est cependant apportée quant à la nature exacte de ces infractions. On sait toutefois qu’il ne s’agit pas de criminalité ou de fausses déclarations, des critères d’inadmissibilité qui font l’objet d’un décompte distinct et pour lesquels on rapporte respectivement 860 et 145 cas en 2024.

Avant Trump

Pour la première fois depuis 2019, c’est le Québec plutôt que l’Ontario qui a renvoyé le plus de personnes en 2024, soit 6832. Il s’agit encore ici d’un record alors qu’en 2023, lors du précédent sommet, on avait rapporté 6021 renvois.

Source: Présence illégale au Canada Record d’expulsions de ressortissants étrangers l’an dernier

Deportations from Canada up 11 per cent in 2024, with half a million more awaiting removal

More recent data with large backlog of removals:

There are about half a million foreign nationals in Canada waiting for removal, including almost 30,000 who are wanted by officials as well as some 21,000 who can’t be removed.

The Canada Border Services Agency said it had 485,359 people in its removal inventory as of Dec. 31, including 120,273 in Ontario and 197,029 in Quebec. About 123,000 were not assigned to any region.

Last year it also reported 16,860 enforced removals, an 11 per cent increase from 2023, reaching the highest level since 2019, when 11,276 people were removed from the country, according to the latest removal statistics released by the border agency on Tuesday.

The top 10 countries where these foreign nationals were sent back to were: Mexico (3,579); India (1,932); Colombia (956); Haiti (806); Romania (653); the U.S. (631); China (535); Venezuela (470); Pakistan (392); and Hungary (366).

“Removing individuals who do not have the right to enter or stay in Canada is essential to maintaining the integrity of Canada’s immigration program and to ensuring fairness for those who come to this country lawfully,” it said.

Among the people booted out of the country last year, 13,527 were failed refugees and 2,261 were foreign nationals removed for non-compliance of immigration laws. While 771 people were removed due to criminality, 89 were involved in organized crime….

Source: Deportations from Canada up 11 per cent in 2024, with half a million more awaiting removal

Climate change may mean migrants can’t be returned to hard-hit regions: internal IRCC document

Appropriate flagging of potential future issues:

Canada’s immigration department may soon need to factor in climate change when deciding whether to deport some asylum seekers to their home countries, an internal government document suggests.

The analysis on “climate mobility” by Immigration, Refugees and Citizenship Canada says that the federal government may not be able to deport people to regions hit hard by floods, drought or rising sea levels.

The 2024 internal IRCC document, obtained through an access to information request, says “Canada does not have a formal position or strategy on how to address the complex nexus between climate events and mobility.”

It notes that climate events are not currently a ground for protection under the UN Convention Relating to the Status of Refugees or Canada’s system of determining asylum cases.

But it says that refugee claims may be affected by a “watershed” 2020 decision by the United Nations Human Rights Committee that concluded climate change may trigger obligations not to deport some people….

Source: Climate change may mean migrants can’t be returned to hard-hit regions: internal IRCC document

Todd: Can Ottawa solve the problem of millions of expiring Canadian visas?

More commentary on immigration policy and program failures:

…How did we get to this muddled state, where the government admits the numbers are out of control — and that it can’t even track, let alone control, the movement of hundreds of thousands, if not millions, of the country’s guest workers and foreign students?

In 2019 I wrote an optimistic column about how the Canada Border Services Agency was going to bring in “exit controls” to help fix our infamously leaky borders.

The upshot was that proper exit controls would increase the likelihood officials catch homegrown terrorists, individuals who illicitly take advantage of taxpayer-funded health care and, particularly, people who overstay their visas.

The plan was to better track when people leave the country by land, sea or air — using techniques long in place in Australia, the U.S. and the European Union. But even though upgraded exit controls were instituted in 2019, they have not made an obvious difference in compelling people to follow the rules regarding how long they can stay in the country.

To add to the disorder, 2024 had a drastic rise in the volume of temporary residents — 130,000 — trying to overstay their work and study visas by applying for refugee status. That’s up from 10,000 less than a decade ago. The asylum claims process can take several years.

In response to questions from Postmedia, the CBSA said it does what it can to monitor and penalize people who overstay. Specifically, officials said that for various reasons it issued more than 3,700 “removal orders” in 2024, compared to 1,517 in 2020.

Sam Hyman, a retired Vancouver immigration lawyer, said Canada, unlike many countries, doesn’t have exit immigration controls that require all travellers who leave to be examined and their departure confirmed. But, he said, there is a certain degree of border-crossing monitoring.

Vancouver lawyer Richard Kurland, publisher of a monthly migration newsletter called Lexbase, says more rigorous entry and exit controls, while useful, won’t solve Canada’s border crisis alone.

He’s more concerned the government is trying a number of strategies to avoid taking blame for the migration turmoil, first by “denying” it, then by “distracting” from it and now by “repackaging” it, while making new promises.

After Trudeau spent years accusing critics of his high migration policies of being xenophobic or racist, Kurland said he and Miller last year “did a 180 (degree turn) and offered a mea culpa,” admitting to overshooting.

However, they then compounded their blundering, Kurland said, by promising temporary residents who overstay their visas a general amnesty.

“But when you have immigration amnesties, why obey rules, when all you have to do is to hide and wait for the next amnesty?” Kurland said. After the public rose up in criticism, Kurland said the Liberals had to pull back their scheme.

“We are left with the chicken in the python,” Kurland said, “which will be a ticking immigration time bomb for whoever replaces the Trudeau government.”

Source: Can Ottawa solve the problem of millions of expiring Canadian visas?

Globe editorial: Wanted – More enforcement in immigration 

Latest in the series:

…Right now, Canada relies on a system of incentives for people to follow the law. People ordered to leave must confirm their departure with the CBSA at a port of exit or risk being put under an exclusion order that would prevent any future return to Canada.

But leaving it to people to decide what is in their best interests leads to a situation where the CBSA cannot speak with absolute certainty as to the whereabouts of 19,729 people whose claims for refugee status were denied by Canada in 2011 or earlier. They might have left and simply not informed the CBSA. Or they may still be here.

There are a range of potential solutions. First, the problem needs to stop where it starts: limiting the number of refugee cases by reducing the incentive for fatuous claims, as this space argued on Thursday. Ottawa could also explore issuing automatic exclusion orders once permits expire.

At the same time, the government needs to provide the CBSA with the tools and staffing to ensure that the people deported actually leave the country. In this new, harder world, stricter monitoring of whether people leave the country when they’re supposed to is inevitable.

Canada can no longer give people the option to fade into the woodwork.

Source: On the Brink: Wanted – More enforcement in immigration

CBSA lost track of nearly 30,000 people wanted for deportation orders

Sigh….

Nearly 30,000 individuals wanted for deportation are currently at large in Canada, newly-released documents suggest.

In a response to an order paper question filed by Fort McMurray-Cold Lake MP Laila Goodridge on deportation cases currently before the Canada Border Services Agency (CBSA), 29,731 people are listed as “wanted” by immigration authorities — described as those who failed to appear for deportation proceedings, including those with immigration warrants issued against them.

The vast majority — 21,325 — went missing from Ontario, the largest cohort of immigration absconders in the country.

As Canada’s affordability crisis, plus threats of punitive tariffs from U.S. President-elect Donald Trump, has the federal government rethinking Canada’s problematic and ineffective border policy, the Trudeau Liberals’ plans on slowing Canada’s record population growth and tightening our immigration space involves relying on the voluntary departure of nearly 2.4 million people over the next two years.

In October, Prime Minister Justin Trudeau announced plans to cut the number of permanent residents coming into Canada from current targets of 500,000 — down to 395,000 next year and 380,000 by 2026.

According to the newly-released data, there are 457,646 people in various stages of being deported from Canada as of Oct. 21 — 27,675 people are listed in the “working” category, or those in the final stages of the removal process; 378,320 people being “monitored,” or those awaiting refugee status decisions, pending permanent status resident or facing “unenforceable” removal orders; 20,921 people granted a stay from removal proceedings; and 29,730 who were ordered removed but their location isn’t known.

After Ontario, Quebec saw the most people wanted by the CBSA with 6,109, followed by 1,390 in British Columbia, 705 for Alberta, and between 0 and 100 for other provinces and territories.

Of those who have already been successfully deported,  Mexicans represent the largest number, with 7,622 people.

That’s followed by 3,955 Indians, 1,785 Americans, 1,516 people from China, 864 from Pakistan, 858 Nigerians and 794 Colombians.

Source: CBSA lost track of nearly 30,000 people wanted for deportation orders

CBSA to use facial recognition app for people facing deportation: documents

Inevitable given the numbers and the need for better enforcement, despite some of the privacy and tech issues. The issue of the app and algorithms being protected by trade secrets is also inevitable as long as CBSA has control over the underlying criteria used by the algorithms; if these were open, people would be able to game the system:

The Canada Border Services Agency plans to implement an app that uses facial recognition technology to keep track of people who have been ordered to be deported from the country.

The mobile reporting app would use biometrics to confirm a person’s identity and record their location data when they use the app to check in. Documents obtained through access-to-information indicate that the CBSA has proposed such an app as far back as 2021.

A spokesperson confirmed that an app called ReportIn will be launched this fall.

Experts are flagging numerous concerns, questioning the validity of user consent and potential secrecy around how the technology makes its decisions.

Each year, about 2,000 people who have been ordered to leave the country fail to show up, meaning the CBSA “must spend considerable resources investigating, locating and in some cases detaining these clients,” says a 2021 document.

The agency pitched a smartphone app as an “ideal solution.”

Getting regular updates through the app on a person’s “residential address, employment, family status, among other things, will allow the CBSA to have relevant information that can be used to contact and monitor the client for any early indicators of non-compliance,” it said.

“Additionally, given the automation, it is more likely that the client will feel engaged and will recognize the level of visibility the CBSA has on their case.”

Plus, the document noted: “If a client fails to appear for removal, the information gathered through the app will provide good investigative leads for locating the client.”

An algorithmic impact assessment for the project — not yet posted on the federal government’s website — said biometric voice technology the CBSA tried using was being phased out due to “failing technology,” and it developed the ReportIn app to replace it.

It said a person’s “facial biometrics and location, provided by sensors and/or the GPS in the mobile device/smartphone” are recorded through the ReportIn app and then sent to the CBSA’s back-end system.

Once people submit photos, a “facial comparison algorithm” will generate a similarity score to a reference photo.

If the system doesn’t confirm a facial match, it triggers a process for officers to investigate the case.

“The individuals’ location is also collected every time they report and if the individual fails to comply with their conditions,” it said. The document noted individuals will not be “constantly tracked.”

The app uses technology from Amazon Web Services. That’s a choice that grabbed the attention of Brenda McPhail, the director of executive education in McMaster University’s public policy in digital society program.

She said while many facial recognition companies submit their algorithms for testing to the U.S. National Institute of Standards and Technology, Amazon has never voluntarily done so.

An Amazon Web Services spokesperson said its Amazon Rekognition technology is “tested extensively — including by third parties like Credo AI, a company that specializes in Responsible AI, and iBeta Quality Assurance.”

The spokesperson added that Amazon Rekognition is a “large-scale cloud-based system and therefore not downloadable as described in the NIST participation guidance.”

“That is why our Rekognition Face Liveness was instead submitted for testing against industry standards to iBeta Lab,” which is accredited by the institute as an independent test lab, the spokesperson said.

The CBSA document says the algorithm used will be a trade secret. In a situation that could have life-changing consequences, McPhail asked whether it’s “appropriate to use a tool that is protected by trade secrets or proprietary secrets and that denies people the right to understand how decisions about them are truly being made.”

Kristen Thomasen, an associate professor and chair in law, robotics and society at the University of Windsor, said the reference to trade secrets is a signal there could be legal impediments blocking information about the system.

There’s been concern for years about people who are subject to errors in systems being legally prohibited from getting more information because of intellectual property protections, she explained.

CBSA spokesperson Maria Ladouceur said the agency “developed this smartphone app to allow foreign nationals and permanent residents subject to immigration enforcement conditions to report without coming in-person to a CBSA office.”

She said the agency “worked in close consultation” with the Office of the Privacy Commissioner on the app. “Enrolment in ReportIn will be voluntary, and users will need to consent to both using the app, and the use of their likeness to verify their identity.”

Petra Molnar, the associate director of York University’s refugee law lab, said there is a power imbalance between the agency implementing the app and the people on the receiving end.

“Can a person really, truly consent in this situation where there is a vast power differential?”

If an individual doesn’t consent to participate, they can report in-person as an alternative, Ladouceur said.

Thomasen also cautioned there is a risk of errors with facial recognition technology, and that risk is higher for racialized individuals and people with darker skin.

Molnar said it’s “very troubling that there is basically no discussion of … human rights impacts in the documents.”

The CBSA spokesperson said Credo AI reviewed the software for bias against demographic groups, and found a 99.9 per cent facial match rate across six different demographic groups, adding the app “will be continuously tested after launch to assess accuracy and performance.”

Source: CBSA to use facial recognition app for people facing deportation: documents



‘Shocking and unjustifiable:’ Canada is deporting migrants at its highest rate in more than a decade [or is it?]

Cue the outrage. Cite statistics without context and you get a header like this.

Rather than absolute numbers, which indeed show the Liberal government having lower numbers that the previous Conservative government and a sharp spike in 2023/24, it is the percentage of removals compared to the number of temporary residents admitted that is relevant.

The last 9 years when numbers of temporary residents increased dramatically presents a different picture of removals compared to international students and asylum claimants:

Fiscal RemovalsStudentsAsylum ClaimantsTotal  %
201511,938219,03516,055235,0905.1%
20168,696264,28523,860288,1453.0%
20178,014314,98550,375365,3602.2%
20188,220354,27555,035409,3102.0%
20199,707400,58564,030464,6152.1%
202011,577255,57023,690279,2604.1%
202111,258443,61524,885468,5002.4%
20227,522548,43091,700640,1301.2%
202310,222682,430143,580826,0101.2%

So perhaps the header should have read: “‘Shocking and unjustifiable:’ Canada is deporting migrants at its lowest rate in more than a decade:”

Canada has spent more than $115 million deporting nearly 29,000 migrants since 2022, an unprecedented rate that flies in the face of the federal government’s promise to regularize the status of undocumented workers, advocates say.

In 2023, Ottawa spent more than $62 million on deportations, the highest amount spent in a year in over a decade, according to data from the Canada Border Services Agency (CBSA) dating back to 2011.

The deportation rate in 2023 was the highest since 2012, when more than 19,000 people were deported under Stephen Harper’s Conservative government. The deportations include “all removals enforced in each fiscal year,” the CBSA said, including refugee claimants, and migrants residing, working or studying in Canada who have overstayed their legal status.

When asked about the growth in deportations, the agency said “the number of removals enforced in any given year will fluctuate,” adding that the March 2023 expansion of the Safe Third Country Agreement, aimed at limiting asylum seekers entering Canada through unofficial entry points, has contributed to this year’s increase.

About 90 per cent of the total deportations since 2005 are due to “non-compliance,” the CBSA added, referring to migrants living in Canada without authorization. “Criminality,” the second most common reason for deportation, accounts for just over seven per cent of removals.

“The fact that $200 million has been spent to deport tens of thousands of people since 2020 — and after this promise has been made — is shocking and unjustifiable,” said Syed Hussan of the Migrant Rights Network, a national advocacy group for farmworkers, care workers, international students and undocumented people.

Advocates for migrant workers say the surge in deportations runs contrary to the government’s December 2021 commitment to a ‘regularization program’ for undocumented migrants. Such a program would allow migrants to stay in Canada as the government responds to historic labour shortages by ramping up immigration and issuing work permits to non-Canadians in record numbers.

Source: ‘Shocking and unjustifiable:’ Canada is deporting migrants at its highest rate in more than a decade

Canada deports more than 200 North Korean escapees who took South Korean citizenship

Of note:

Canada has deported 242 North Korean escapees since 2018, and is in the process of sending home 512 more, after finding that many had gained South Korean citizenship before coming to Canada, RFA has learned from two Canadian government agencies.

Most of the deportees are sent back to South Korea, where they initially landed after escaping from the North – usually a harrowing journey through China where they must avoid capture and forced repatriation. And because Seoul claims sovereignty over the entire Korean peninsula, escapees are granted citizenship upon arrival.

But some then go on to Canada, after having a hard time adjusting to life in the South – and that’s where the problem arises in obtaining refugee status.

Typically, to be granted refugee status, an asylum seeker must present evidence of being persecuted in their home country. But because the North Korean escapees found refuge in the South, and were granted citizenship there, they could be excluded from refugee protection, the government agency that provides protection to refugees, Immigration, Refugees and Citizenship Canada (IRCC), told RFA.

Essentially, if the asylum-seekers had gone directly to Canada, they would have a better chance of gaining refugee status and be allowed to stay in the country.

The IRCC said that while there may still be instances in which a North Korean requires protection, many asylum petitions have been turned down due to applicants’ South Korean citizenship.

The statistics on deported North Korean escapees were compiled by the Canada Border Services Agency, which is responsible for border control, immigration enforcement and customs services.

“The Canada Border Services Agency places the highest priority on removal cases involving national security, organized crime, crimes against humanity, and criminals – regardless of country of origin,” the agency told RFA’s Korean Service.

“Removals of failed refugees and individuals with other immigration violations are also necessary to maintain the integrity of Canada’s immigration system,” it said.

Difficult Adjustment

More than 33,000 North Koreans have found their way to the South and resettled over the years, most of them having arrived after the 1994-1998 North Korean famine that killed as many as 2 million people by some estimates,  and pushed the country to the brink of collapse.

They risked their lives to escape, most having traveled more than 3,000 miles through China, all the while avoiding capture and forced repatriation and dealing with shady brokers and traffickers. From there they navigated through several southeast Asian countries in the hope of one day boarding a plane headed for Seoul’s Incheon International Airport.

The South welcomes such escapees. They are sent to government-funded orientation programs and given startup money and a living stipend as they settle into their new lives.

But for many escapees, the South is not the land of milk and honey they expected.

The fast-paced life of South Korea seems too hectic, and the people speak Korean peppered with unfamiliar loan words from the English language. Job skills the escapees may have had in the North might not translate into an equivalent position in the South Korean workforce.

And while they may physically blend in, many are made to feel that they are on the lower end of the social hierarchy in the South, due to discrimination and a resulting lack of opportunity to make their situation better.

Almost half of all North Korean refugees that settle in the South said they experienced discrimination in a 2017 poll by the South Korean government-backed National Human Rights Commission of Korea.

“Discrimination against North Korean defectors [in South Korea] is a very serious problem,” Ethan Hee-Seok Shin, a legal Analyst at the Seoul-based Transitional Justice Working Group, told RFA’s Korean Service.

Shin used the politically charged colloquial term “defector” which describes both defectors, who were part of the military or government at the time of their escape, and refugees, civilians who flee starvation or North Korea’s depressed economic situation. The term can, in some contexts, carry a negative connotation.

International Rights groups prefer to differentiate between defectors and refugees, depending on the circumstances of their escape.

“Of course, going abroad does not mean that there is no discrimination, but there is no such thing as being branded as a defector [outside of South Korea],” he said.

Hundreds therefore made the decision to move on from South Korea to Canada, where under the Resettlement Assistance Program they can get benefits that may include a household startup allowance and monthly income support.

Hiding immigration history

Since having a Republic of Korea passport is grounds to immediately reject an asylum application, many of the North Korean asylum-seekers in Canada try to hide evidence that they ever naturalized in South Korea.

According to a Canadian federal court document published Sept. 16, a North Korean refugee surnamed Kim, her husband with the family name Shin and their children were deprived of their refugee status in 2018 for concealing their South Korean citizenship. The document said deportation proceedings were to start.

Another refugee, surnamed Kang, was on the verge of being deported after it was discovered that he resided in South Korea in 2019.

Once the deportation order goes out, the refugees have a few options if they wish to remain in Canada.

According to a 2019 RFA report, over an 18-month period starting in January 2018, some 352 North Korean refugees in Canada lost their refugee status as the government at that time began revoking it in cases where they had lived in South Korea in 2013 or later.

The Canada Border Services Agency explained that a removal decision by an immigration officer can be subject to judicial and administrative review, during which the individuals involved in the case may seek leave to remain in the country.

Additionally, many of the refugees can apply for the Humanitarian and compassionate considerations program, said Sean Chung, the executive director of HanVoice, a Toronto-based nonprofit organization that assists North Koreans with settling in Canada.

Successful applicants to the program can obtain permanent residency in Canada if they are an exceptional case, such as when they have lived in Canada for a long period of time, or if there are special reasons that prevent someone from returning to their home country, he told RFA.

Source: Canada deports more than 200 North Korean escapees who took South Korean citizenship

Paddington, go home: Home Office staff pin up faked deportation notices

Witty but inappropriate behaviour by public servants:

Over the past week mocked up immigration enforcement notices have begun to appear on internal Home Office staff noticeboards, featuring photographs of Paddington Bear, stating that he is wanted so he can be placed on a relocation flight to Rwanda.

Elsewhere, staff have noticed a rash of Refugees Welcome stickers, affixed to Home Office printers and pieces of furniture in departmental buildings around the country.

The organiser of the Our Home Office protest group, bringing together staff opposed to Rwanda deportations, said unease about the proposed removals has galvanised employees from all over the government department to take subversive action.

“It’s still a small, low-level campaign, but it’s growing and is already networked in offices throughout the country,” the group’s founder said, asking not to be named in order to protect his job at the department. “The announcement of the Rwanda transportation plan was really a significant moment for a lot of staff members who were quite shocked by how barbaric a proposal it is, particularly the way that it seems to be against the refugee convention and the principles that we are trying to uphold of giving people fair treatment.”

More rolls of Refugees Welcome stickers have been posted out in the past few days to members of staff who have got in touch through a protest group website, the organiser said. “No one expects working in the Home Office to be easy but this has pushed a lot of people over the edge,” the employee said.

Refugees Welcome sticker
Refugees Welcome stickers have begun to appear in Home Office buildings. Photograph: Twitter

Source: Paddington, go home: Home Office staff pin up faked deportation notices