Immigration Minister Marc Miller says he expects tough conversations with the U.S. on border security

Understatement?

…Mr. Miller said Canada and the U.S. have had “equal challenges with respect to the flow coming from the U.S. into Canada, and have taken measures to secure it and to close some of the ways people get in here in an irregular fashion.”

“That’s going to continue,” he added, saying he would keep on working in the national interest of Canadians, which he believes “is aligned with the current administration and the one that is coming in to replace it.”

“I expect that conversation to continue fully, and I expect there to be some tough conversations,” he added.

In 2017, Haitians streamed into Canada from the U.S. after the first Trump administration ended temporary protected status for Haitians who had fled to the U.S. The policy sparked an influx of Haitians claiming asylum at the “irregular” Roxham Road border crossing into Quebec. After talks with the U.S., Roxham Road was closed in 2023. The Safe Third Country Agreement was renegotiated, barring migrants making it to Canada through irregular crossings, including Roxham Road, from claiming asylum.

With an estimated 11 million undocumented residents in the U.S. facing removal, Bloc Québécois Leader Yves-François Blanchet has predicted that the “saga of Roxham Road” could begin again.

Mr. Miller said the agreement has allowed Canada to have a managed flow of migrants that is important to Canada’s economic relationship with the U.S.

“Are there changes to be made at any particular point in time when we see behaviours changing, when we see our security agencies advising us to adopt a different posture? I think absolutely,” he said. “Those are conversations that won’t be had in public.”…

Source: Immigration Minister Marc Miller says he expects tough conversations with the U.S. on border security

Immigration minister says ‘not everyone is welcome’ in response to concerns about Trump deportation plan

Needed message from the minister and lawyers identifying a possible loophole:

…On Monday, several immigration lawyers urged Ottawa to change a policy that allows migrants fleeing from the U.S. to claim asylum here if they cross the border illegally and evade the authorities for two weeks.

In 2017, Haitians streamed into Canada from the U.S. after the first Trump administration ended temporary protected status for Haitians who had fled to the U.S. The policy sparked an influx of Haitians claiming asylum at the “irregular” Roxham Road border crossing into Quebec.

After talks with the U.S., the Safe Third Country Agreement was revised and Roxham Road was closed in 2023. The changes tightened the rules, but allowed someone entering Canada illegally from the U.S. and remaining undiscovered for 14 days to file a refugee claim in Canada. Those arriving from the U.S. at airports and regular border crossings are usually turned back.

The lawyers cautioned that unless Ottawa changes the policy quickly, record numbers of people facing deportation by Mr. Trump would try to make it to Canada, where they could qualify for a work permit and health care while waiting for their claim to be processed.

Winnipeg refugee and immigration lawyer David Matas urged the government to speak to the Biden administration now, before Mr. Trump takes office in January, about changing the agreement. He said the 14-day provision is “an incentive to traffickers to get round the system.”…

Source: Immigration minister says ‘not everyone is welcome’ in response to concerns about Trump deportation plan

U.S. border patrol reports record number of encounters with migrants at the Canadian border

Quite a shift from most coming North to many going South:

U.S. Customs and Border Protection says it recorded a record-high number of encounters with migrants between border posts on the Canada-U.S. border between October 2023 and July of this year.

It’s a pattern experts say could be a problem for Prime Minister Justin Trudeau’s government as the question of illegal immigration heats up in a close-fought U.S. election.

U.S. Customs and Border Protection (CBP) records an “encounter” in its database when it comes across someone who is inadmissable to the U.S., or when border patrol officers find someone who has illegally crossed the border into the U.S. between border posts.

CBP reported encountering 19,498 migrants between border posts on the northern border between October 2023 and July 2024 — 15,612 of them in the Swanton Sector, which runs along the Quebec’s border with New York and Vermont.

While the numbers still pale in comparison with the U.S southern border, that’s more than twice as many as the 7,630 encountered between border posts during the same time period the previous year.

The year before that, CBP reported encountering only 2,238 migrants between border posts at the northern border.

U.S. news coverage of the surge in migration over its northern border intensified over the summer. In an interview with Fox News on Aug. 22, after complaining about illegal migration over the southern border, former president Donald Trump said the U.S. now had a problem on the northern border with migrants coming in from Canada.

Kelly Sundberg of Mount Royal University said the matter could become a political hot potato for the Trudeau government, regardless of who becomes the next president of the United States.

“I hate to admit it, but I think that Donald Trump is right on this, that there is a need to focus north,” said Sundberg, who worked for many years as an enforcement officer with the Canada Border Services Agency.

“But it’s not just the Trump campaign. The [Kamala Harris] campaign has indicated also that they have acknowledged that there’s concerns on the northern border.”

RCMP Sgt. Charles Poirier said “there isn’t a day or night where there isn’t a crossing.” In Quebec alone, the RCMP intercepts an average of more than 100 people per week on the Canadian side of the border and Poirier said that’s only a portion of those headed for the U.S….

Source: U.S. border patrol reports record number of encounters with migrants at the Canadian border

Migrants Face Cold, Perilous Crossing From Canada to New York

The numbers that help explain the expansion of the STCA to the length of the border, not only a Canadian concern:

…Officials at the northern border recorded 191,603 encounters with people crossing into the United States in 2023, a 41 percent increase from 2022 — though still a small number in comparison with the more than two million people apprehended on the southern border last year.

And while the vast majority of those migrants presented themselves at official ports of entry to request asylum, a growing number were caught after crossing illegally into the United States, sometimes guided by smugglers.

More than 12,200 people were apprehended crossing illegally from Canada last year, a 241 percent jump from the 3,578 arrested the previous year. Most of them were Mexicans, who can fly to Canada without a visa and may prefer the northern border to avoid the cartels that exploit migrants in their country.

The phenomenon has transformed a 295-mile border area along northern New York, Vermont and New Hampshire into a hot spot of migration: About 70 percent of the illegal crossings in 2023 happened on this stretch, known as the Swanton Sector.

Source: Migrants Face Cold, Perilous Crossing From Canada to New York

Jump in illegal crossings causes speculation amongst residents of Canada-U.S. border states [southbound]

Of note:

The number of apprehensions in the border sector that includes Vermont, New Hampshire and part of New York state rose to 6,925 last year from 1,065 the year before, according to figures from U.S. Customs and Border Protection. About half of these were Mexican nationals, with significant proportions from India and Venezuela as well.

The totals are still modest compared to those on the U.S. border with Mexico. The entire frontier with Canada saw fewer than 200,000 apprehensions last year, a little more than 6 per cent of the 3.2 million nationwide total.

But the increase has prompted Republican presidential candidate Nikki Haley to argue for building a wall on at least part of the Canada-U.S. border. Before quitting the race this month, Vivek Ramaswamy and Ron DeSantis also endorsed such a policy. New Hampshire Governor Chris Sununu announced a tenfold increase of state trooper patrols in the area.

Source: Jump in illegal crossings causes speculation amongst residents of Canada-U.S. border states

As NH expands surveillance along the Canadian border, immigration and civil liberties activists push back

Of note. Would be helpful to have some numbers but a reminder of two way traffic across the border. Interesting no mention of expansion of the STCA to the entire border. As the article notes, seems more political than substantive:

New Hampshire’s plan to increase patrols and surveillance along its border with Canada is drawing praise from Republican politicians. But civil liberties and immigrants rights activists are raising alarm that an expansion of police powers comes despite a lack of data supporting claims there are migrants flowing across the state’s international boundary.

Gov. Chris Sununu and Attorney General John Formella released details of the Northern Border Alliance Task Force last week. The $1.4 million effort includes the purchase of unspecified equipment and increased police patrols within 25 miles of the border. State officials are also granting new powers to local and state police to temporarily detain suspected migrants who crossed the border without proper paperwork.

The move comes as U.S. Customs and Border Protection officials say they’ve seen a surge in crossings in the region, though neither federal nor state officials have shared hard numbers about the rate of crossings along New Hampshire’s portion of the international border.

Sebastian Fuentes, with the advocacy group Rights and Democracy, called the new initiative little more than “performative politics” in advance of next year’s election.

“Nobody has been able to show any numbers, or any kind of data, to validate those comments,” said Fuentes, who lives in Thornton.

The ACLU of New Hampshire is in an ongoing legal battle with Border Patrol over the release of state-level statistics on illegal crossings. On Friday, the civil liberties group also criticized the governor’s office and the New Hampshire Department of Safety for leaning into this new enforcement effort without showing hard evidence for why it’s needed.

Frank Knaack, the group’s policy director, characterized it as part of an effort to “to expand police power and surveillance within the Granite State under the guise of a ‘crisis’ on our border.”

The new task force was funded in the latest two-year state budget. The money, according to Formella, will cover the cost of an additional 10,000 hours of patrols by local and state police near the international border.

The Department of Justice is also laying out new rules to allow those officers to “cooperate with federal law enforcement officers in preventing and detecting crime and apprehending criminals, including those who have committed federal immigration-related crimes.” In practice, this could allow officers to temporarily detain suspected migrants who entered the country illegally and hand those people over to Border Patrol officials.

While state and federal officials haven’t specified how many border crossings are happening in New Hampshire, the Border Patrol has released statistics documenting a surge in interactions with suspected migrants across the region encompassing New York, Vermont and New Hampshire. Border agents have reported nearly 7,000 interactions in the region in the past 12 months, up from 1,095 encounters with suspected migrants during the 12 months prior, according to data from U.S. Customs and Border Protection.

Federal authorities have announced two suspected cases of human smuggling along the New Hampshire border in 2023. In one instance this July,10 people were detained in Pittsburg — nine people who allegedly entered the country illegally, and one man accused of facilitating their crossing. In September, four more people accused of illegal entry were arrested in Stewartstown, inside a vehicle that was first spotted in Vermont, according to court paperwork.

At a press conference announcing the new task force, Sununu criticized the Biden Administration and the state’s congressional delegation — all Democrats — for a lack of action on border security.

“We can’t stand by, and we won’t,” Sununu said. “We’re going to do whatever we can to make sure that we’re providing the necessary resources and security for our citizens.”

The northern border has become a regular stop for Republican politicians seeking elected office in recent months, including presidential and gubernatorial hopefuls. Earlier this summer, Sen. Jeanne Shaheen also met with local law enforcement during a trip to Pittsburg.

In a statement, Shaheen’s spokesperson rejected Sununu’s claims of inaction by Democrats, noting that she has been advocating for the issue dating back to her time as governor and has backed more funding for border patrol as a U.S. Senator.

Source: As NH expands surveillance along the Canadian border … – Maine Public

Canada-U.S. refugee pact changes expected to ‘exacerbate existing threats’: memo

It may, but to date the number of irregular arrivals remains under 100, a small number compared to likely visa and permit overstays:

A newly released memo shows federal officials warned last spring that expanding a bilateral refugee pact to the entire Canada-U.S. border would likely fuel smuggling networks and encourage people to seek more dangerous, remote crossing routes.

Officials feared the development would also strain RCMP resources as irregular migrants dispersed more widely across the vast border.

The April memo, made public by Public Safety Canada through the Access to Information Act, was prepared in advance of a Cross-Border Crime Forum meeting with American representatives.

Under the Safe Third Country Agreement, implemented in 2004, Canada and the United States recognize each other as havens to seek protection.

The pact has long allowed either country to turn back a prospective refugee who showed up at a land port of entry along the Canada-U.S. border — unless eligible for an exemption — on the basis they must pursue their claim in the country where they first arrived.

However, until this year it did not apply to those who crossed between official entry points.

On March 24, during U.S. President Joe Biden’s visit to Ottawa, the two countries announced the Safe Third Country Agreement would cover the entire land border effective the following day.

The move followed concern and debate about increases in irregular migration to both Canada and the United States.

The internal memo said the Cross-Border Crime Forum was an opportunity to reaffirm Canada’s commitment to ensuring fair, orderly migration between the two countries, in part through support for expansion of the refugee agreement.

The memo noted there was a drop in the number of irregular border interceptions by the RCMP between March 25 and April 25.

But “Despite preliminary positive results related to irregular migration volumes, changes to the (Safe Third Country Agreement) are expected to change the criminal threat environment and exacerbate existing threats to the Canada-U.S. border,” it noted.

It said individuals may be motivated to cross the border via more dangerous and remote routes in order to avoid law enforcement and circumvent the expanded protocol.

It is “highly likely that human smuggling networks will expand their operations and play a vital role in these clandestine entries” by providing services such as safe houses, fraudulent documents and transportation to and from the border, the memo said

“Human smuggling creates significant risks for irregular migrants and exposes them to dangerous conditions. Irregular crossings in remote, rural, or isolated locations may result in physical injury or fatalities.”

In addition, the memo said, the RCMP is aware that irregular migrants may become victims of physical or sexual abuse or human trafficking during their passage to Canada.

Irregular migration through isolated regions puts responding RCMP members’ health and safety at risk, the memo added. “These activities also produce challenges on the RCMP’s resources as irregular migrants become less concentrated and more dispersed across the Canada-U.S. border.”

The memo also warned that organized crime groups might use shifting irregular migration routes along the border to smuggle illicit commodities including drugs, guns and tobacco.

The internal warnings echoed concerns the Canadian Council for Refugees voiced upon expansion of the Safe Third Country Agreement. In that sense, the content of the memo is not surprising, said Gauri Sreenivasan, a co-executive director at the council.

“What’s very concerning is it underscores how clearly the government was aware of the dangers that were associated with closing down the border,” she said in an interview.

The council has consistently argued against the refugee pact, saying the U.S. is not always a safe country for people fleeing persecution.

The best public policy is to allow a claimant to show up safely at a border crossing and to hear their case fairly, Sreenivasan said. “There is nothing illegal about asking for protection. In fact, it’s a right protected under international human rights law.”

In late March, just after expansion of the refugee agreement, eight people drowned in the St. Lawrence River when an apparent attempt to smuggle them into the U.S. went awry.

A statement issued following the Cross-Border Crime Forum meeting in late April said cabinet members from the two countries asked officials to review recent incidents along the border to identify opportunities to improve intelligence, detection and interdiction to disrupt cross-border smuggling, investigate events and hold people accountable.

RCMP spokeswoman Marie-Eve Breton says co-operative efforts “have demonstrated that we can respond to the evolving threat environment encountered at the border.”

When people crossing between ports of entry are intercepted by the RCMP or local police, they are brought to a designated port of entry providing there are no national security or criminality concerns identified, Breton said. Once at the port of entry, the Canada Border Services Agency will then determine whether or not the claim is eligible under the Safe Third Country Agreement.

The border service agency says it works closely with Canadian and U.S. partners to ensure the lawful, safe and humane treatment of refugee claimants while maintaining border security.

“It is illegal to enter between ports of entry and it is not safe,” said border agency spokesperson Maria Ladouceur. “We encourage asylum seekers to cross the border at designated ports of entry.”

Breton also urged border-crossers to follow the rules. “This process is safer, faster and according to the law.”

Source: Canada-U.S. refugee pact changes expected to ‘exacerbate existing threats’: memo

Canada’s change to its Roxham Road deal is called a ‘shameful downgrading’

Of note. The Temporary Foreign Workers Program is economic, not humanitarian:

The federal government has been accused of downgrading its commitment to welcome 15,000 “humanitarian” migrants that it agreed to in exchange for closing down the land border to asylum seekers.

Instead of accepting 15,000 migrants on humanitarian basis, Ottawa now said 4,000 of the spots will be allocated to temporary foreign workers while the other 11,000 spaces — for permanent residence — are restricted to Colombians, Haitians and Venezuelans.

“It is a shameful downgrading of our commitment to refugee protection in the Western Hemisphere. We are deeply disappointed with the government’s backpedalling on already insufficient targets for refugee protection,” said Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees.

“Let us be clear, the temporary foreign worker program is not a humanitarian program. It is one designed to fulfil Canadian economic needs. It only affords temporary access and is marred by its own serious rights violations.”

In March, Ottawa and Washington expanded the Canada-U.S. Safe Third Country Agreement across the 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 cross from one country into the other, through unguarded border crossings such as Roxham Road in Quebec, to seek asylum.

Following the announcement, a joint statement said Canada would bring in an additional 15,000 migrants on a humanitarian basis from the Western Hemisphere over the course of the year to expand safe, regular pathways as an alternative to irregular migration. (Canada had set a target of 76,305 permanent residence spots for refugees and protected persons in 2023; the 15,000 will be on top of that.)

“We couldn’t simply shut down Roxham Road and hope that everything would resolve itself,” Prime Minister Justin Trudeau told reporters at a news conference then.

“At the same time, we continue to be open to regular migrants, and we will increase the number of asylum seekers who we accept from the hemisphere — the Western Hemisphere — in order to compensate for closing these irregular crossings.”

Earlier this week, advocates who were already upset with the arrangement were shocked when Immigration Minister Marc Miller released further details about the new resettlement initiative.

Starting this fall, the permanent-residence pathway will be newly available for up to 11,000 Colombian, Haitian and Venezuelan migrants in Central or South America or the Caribbean. To qualify, they must have extended families in Canada, who are either a citizen or permanent resident.

The Canadian relative must be at least 18 years old and sign a statutory declaration that they will provide supports to the applicant to help their settlement and integration, such as helping them find housing, enrolling children in school, and registering adults for language classes.

While the humanitarian pathway has yet to open for application, immigration officials said they are on track to bring in the additional 4,000 temporary foreign workers from the Americas.

The 15,000 new arrivals would not have to meet the United Nations refugee definition — as those arriving at Roxham Road often sought to — and the Immigration Department has not clarified what the standard of humanitarian need would be.

“This is a far cry from the protection that was promised to refugee claimants when Roxham Road was closed and it is not acceptable,” said Sreenivasan.

“We urge the government to at the very least stick to their original commitment and ensure all 15,000 arrive to permanent safety in the country.”

The Immigration Department said the humanitarian program is open only to Colombian, Haitian and Venezuelans because they make up the largest volumes of irregular migrants fleeing ongoing violence and political unrest in the continent.

Those from other nationalities, it said, can still come under the temporary foreign worker program and the so-called Economic Mobility Pathways Pilot, which grants permanent residence to skilled refugees abroad if they have a Canadian job offer.

“Safe and regular migration pathway are alternatives for irregular movements, which are often dangerous ways to move across borders, where people are made vulnerable by criminal gangs and put in terrible humanitarian situations,” said department spokesperson Mary Rose Sabater.

“By providing access to regular pathways, including through existing temporary foreign worker streams, more people have access to safe migration opportunities to work in Canada.”

Sabater said the yet-to-open humanitarian program will close one year after launch or when 3,500 applications representing up to 11,000 migrants have been approved.

Source: Canada’s change to its Roxham Road deal is called a ‘shameful downgrading’

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

Why Trudeau got tough on immigration

One interpretation (although I always thought the impact of the tweet, in comparison to other more substantial factors, was overstated):

“To those fleeing persecution, terror & war, Canadians will welcome you, regardless of your faith. Diversity is our strength #WelcomeToCanada.” In hindsight, this tweet by Canadian Prime Minister Justin Trudeau in 2017 was ill-advised. It was written in response to Trump’s executive order banning refugees and visitors from seven Muslim-majority countries. Critics point to it as the trigger for a surge of asylum-seekers at the Canadian border.

If it were true that people were escaping to Canada from the US because they feared being deported under Trump’s harsh immigration policies, then the flow of immigrants heading north would have slowed when President Biden took office. According to government data, in the period between the tweet going out and the pandemic, which slowed crossings to a trickle, almost 60,000 people made “irregular border crossings” into Canada. But afterwards, the influx returned, reaching over 20,000 in 2022, Biden’s first year in office. By February of this year, more than 10,000 people had already crossed over into Canada.

Nor were refugees put off America by President Trump. Since 2020, the number of migrants going the other way — crossing into the US from Canada — has also shot up. Last year, Homeland Security apprehended more than 100,000 migrants crossing from Canada. (For context, in 2018 US authorities arrested only 558 people on the northern border.) There is no end in sight to these “irregular crossings”, and the public has been expressing its dissatisfaction with lax immigration controls on both sides of the border.

According to the two nations’ Safe Third Country Agreement (STCA), which has been in effect since 2004, refugees have to apply for status in the first “safe country” they reach. So, they cannot apply for asylum in Canada at official border crossings with the US. However, a loophole in the agreement enables migrants crossing at unofficial border points to claim asylum after they cross. And along the 9,000km-long border, there are many places to do so, the most infamous being Roxham Road, where New York state meets Quebec.

That is, until March 25, when Roxham Road was shut down by the Canadian government. Trudeau made the announcement on the afternoon of March 24, and the policy took effect at 12:01am the next day: “To address irregular migration, we are expanding the Safe Third Country Agreement to apply not only at designated ports of entry, but across the entire land border, including internal waterways, ensuring fairness and more orderly migration between our two countries.” Biden was in Canada at the time, on his first official visit since winning the presidency. It later transpired that the neighbouring countries had signed an amendment to the STCA a year earlier, but hadn’t made the news public because officials feared untold numbers of migrants might rush to cross the border before the changes could be enacted. Now, both countries can turn away asylum seekers, no matter where they cross.

This was a shock to Canada’s reputation as an immigrant-friendly country. Here, eligible refugees receiving generous welfare benefits including government-assisted housing, healthcare, work permits, and financial support. A path to citizenship is available to anyone who can secure permanent residency in the country. But there is a feeling, among some Canadians, that migrants have started exploiting vulnerabilities in the system. Almost 70% of Quebec residents — the province that Roxham Road leads into — said they wanted this irregular entry point closed. With social services in the province overwhelmed by asylum-seekers, the federal government started transferring migrants to Niagara Falls in Ontario, which saw welfare services pushed to the brink as well. Since 2021, the Immigration Department has paid $94 million to book out entire hotels for months, in order to accommodate asylum-seekers.

The ease with which people could illegally enter through Roxham Road, according to analysts, was “almost an invitation for undocumented migrants to try their chances at obtaining asylum in Canada”. Specifically, migrants from Nigeria, who make up a big chunk of all those who cross over from Roxham Road. The majority actually possess a valid US tourist visa, flying into New York before making their way to Canada. “I went to search Google and I figured out this is what everybody is doing,” one Nigerian migrant said while crossing the border. A “disproportionate” number of Nigerians claiming asylum are doing so on the grounds of LGBT persecution, which is met with more sympathy in Canada than in the US. But concerns have been raised about the similarities in such applications, and one investigation by a Nigeria-based publication revealed how some Nigerians make up stories in an attempt to secure asylum. This has left some aid organisations worrying that legitimate claims are now more likely to be doubted.

Some migrants still have their hearts set on America, however. Those from Mexico and India make up the bulk of illegal crossings from Canada to the States, with many flying into Canada for the sole purpose of getting across the world’s longest international border without detection. Mexicans, who since 2016 can fly visa-free to Canada, often spend thousands of dollars flying into Toronto and paying smugglers to get to the US — hence Biden’s motivation to renegotiate the STCA.

And this phenomenon burst into the public consciousness when, in January 2022, the bodies of four Indian nationals (two of them minors) were found frozen to death in Manitoba, near the American border. The Patel family had come to Canada on a tourist visa, but hoped to reach family in Chicago. A documentary last year suggested that, in Gujarat, the Patels had been a comfortable, upper-middle class family with no financial troubles or experiences of racial or religious persecution. Why, then, would they risk crossing illegally into the US in the middle of winter with two young children?

Migrant rights groups almost always lay the blame for tragedies at the feet of unscrupulous smugglers and harsh government policy. Few acknowledge that the people who decide to illegally cross an international border almost always have agency. And for middle-class migrants, it’s usually not about security; it’s about status. In developing countries, attaining the “American Dream” — or another Western nation’s equivalent — is still highly aspirational. And while everyone has the right to build a good life for themselves, migrants who can pay their way into one North American nation in order to cross over into the other, depending on their preference, undermine faith in the immigration system.

Which is a problem for Trudeau. His Liberal government plans to welcome half a million new immigrants into Canada every year till 2025. (Like most developed nations, Canada has an aging population, a low birth rate, and is facing a labour shortage.) Almost 50% of Canadians already think this target is too high. If Trudeau doesn’t want public opinion turning against his plans, he needs to reassure the electorate that his government has a strong handle on who is being welcomed across our borders.

Amending the STCA is meant to signal that the government is aware of the growing unpopularity of irregular border crossers, who are seen as jumping the queue, leaving those without financial means further down the list — not to mention those waiting in refugee camps around the world. John Manley, one of the architects of the original STCA, supports the new changes, claiming that most migrants around the world are in much greater danger than those who have already found their way to the US. But there has been backlash from refugee rights advocates, with the Canadian Council for Refugees, among others, arguing that the STCA is unconstitutional. But last month, the Supreme Court of Canada unanimously ruled otherwise.

The closure of Roxham Road sent a message to all those who want to migrate to Canada that the way to do so is through official channels. Two days later, the Government of Canada launched a survey to poll Canadians’ opinions. Trudeau was, apparently, ready to listen to how Canadians feel about this issue. While some advocates have been arguing that closing the loophole will have pushed people into the hands of smugglers, it’s still too early to tell what the effects of the new changes will be, though data on the past three months’ of irregular border crossings should be imminent. But whatever the outcome: the Prime Minister won’t be promoting Canada’s immigration policies on Twitter any time soon.

Source: Why Trudeau got tough on immigration