Prime Minister Trudeau and President Biden announced an agreement between the United States and Canada to clarify where the respective countries can turn away asylum-seekers who enter their countries without authorization. The updated agreement applies to individuals who do not have U.S. or Canadian citizenship, cross the border at unofficial points, and are discovered within 14-days of crossing the U.S.-Canada border in either direction.

This closes a loophole in the existing Safe Third Country agreement. Under the agreement, Canada and the U.S. can turn away individuals at official crossings, but not unofficial points. This agreement closes that loophole. The new US-Canada agreement does not require Congressional approval. As such, it can quickly be enforced.

The Safe Third Country Agreement (STCA) requires individuals apply for asylum in the original country of entry, with some exceptions. Some individuals seeking asylum are traveling to Canada and then entering the United States from the northern border, and vice-versa.

Crossing from Canada to the U.S. have climbed to historic highs. Per the U.S. Customs and Border Protection (CBP) data, illegal crossings rose by a factor of 10 in a recent five-month period when compared to the same time period in the previous year. Approximately 2,000 migrants were encountered crossing the border without authorization from October 1, 2022, to February 28, 2023, with only 200 in the same period the previous year. The CBP moved an additional 25 agents to the northern border in response to the increase.

An additional 15,000 migrants will be accepted in Canada next year on the basis of humanitarian need and are from the Western Hemisphere.

ILBSG continues to actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the right advice for their particular situations. If you have questions about any immigration issue, contact us at ILBSG. Our team of attorneys have deep experience and expertise in U.S. immigration.

 

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