Family paid smugglers to reunite after separation by CBSA at Quebec border
2025/08/19 Leave a comment
Does appear to be an unnecessary disconnect:
A Haitian family was separated at the Quebec-U.S. border this spring due to what an immigration lawyer calls a “legal glitch” some fear could become a wider problem as more migrants flee the United States into Canada.
The family attempted to enter Canada at the official land crossing in Lacolle, Que., in March, according to immigration documents.
After reviewing their case, Canada Border Services Agency (CBSA) officers allowed only the father in because he has a close relative in Canada. His pregnant wife and seven-year-old daughter were turned away.
Three weeks later, facing pregnancy complications, the mother paid smugglers nearly $4,000 to get herself and her daughter across the border on foot through melting snow to reunite with the father.
“The border agent should never have separated that family,” said Paule Robitaille, a Montreal-based immigration lawyer who has been working on their case.
Advocates and lawyers fear family separation could become more common as more migrants in the United States seek asylum in Canada through exceptions outlined in a bilateral agreement between the U.S. and Canada, and border services face pressure to limit the number of arrivals.
Smuggling only option, says father
The father says the family decided to come to Canada after U.S. President Donald Trump threatened to end a humanitarian program his predecessor Joe Biden created to prevent people from Haiti, Cuba, Venezuela and Nicaragua from being deported due to turmoil in their countries.
It’s under that program that the man’s wife and daughter arrived in the U.S. in 2024, three years after he claimed asylum there.
CBC has agreed not to name the family due to threats the couple have faced in Haiti related to denouncing corruption and sexual violence through their work.
…Restricting access to asylum
Typically, the close-relative exception to the STCA allows families to enter together; whichever person has the relative in Canada becomes their spouse and children’s anchor, said Maureen Silcoff, a Toronto-based immigration lawyer and former decision-maker at the Immigration and Refugee Board of Canada (IRB).
“People who are turned back at the border in this type of circumstance are subject to what I would call a legal glitch,” Silcoff said, referring to the Haitian family’s situation.
She believes the glitch is an oversight in the definition of anchor relative outlined in the Safe Third Country Agreement — which doesn’t include pre-removal risk assessment (PRRA) applicants like the father.
It’s a complicated technicality that could prevent people with valid reasons to seek protection in Canada from being able to have their cases considered, both Robitaille and Silcoff say….
Source: Family paid smugglers to reunite after separation by CBSA at Quebec border
