U.S.-Canada Border: Planned Rule Changes Align with Legal Framework

The U.S. federal government asserts that planned procedural changes to tighten asylum seeker rules from Canada align with the Safe Third Country Agreement. Matthew Krupovich, spokesperson for Immigration, Refugees, and Citizenship Canada, stated that these changes “do not impact the terms of the agreement nor the criteria for an exemption or exception under the agreement.”

“We maintain regular communication with the U.S. on various issues and continue to collaborate on this and other aspects of border cooperation,” Krupovich added in an emailed statement.

The U.S. Department of Homeland Security confirmed on Tuesday that it had reviewed the Safe Third Country Agreement with Canada and determined that the process could be streamlined without compromising access to fair asylum procedures.

Under the agreement, which has been in effect since 2004, refugee claimants are required to seek asylum in the first of the two countries they enter.

The new procedural change will reduce the consultation time with lawyers for those entering the U.S. from Canada and seeking asylum from 24 hours to four hours. Additionally, border officers will now only consider the documentary evidence asylum claimants have on hand upon arrival, whereas previously, claimants could request additional time to gather evidence.

Jamie Chai Yun Liew, a law professor at the University of Ottawa, expressed disappointment with the Canadian government’s response.

“This clearly indicates that they are prioritizing efficient processing at the border over humanitarian concerns and commitments to international refugee law,” Liew said in an email.

Liew was part of a legal team that intervened when the agreement was challenged before the Supreme Court of Canada. The court ruled last year that the pact with the U.S. is constitutional.

Prime Minister Justin Trudeau and President Joe Biden updated the Safe Third Country Agreement around the same time to close a loophole that allowed people to make claims after bypassing official border crossings.

This update resulted in a significant decrease in the number of people crossing into Canada from the U.S. at unofficial border points. However, the number of people traveling in the opposite direction has begun to rise.

Data from U.S. Customs and Border Protection shows that agents arrested over 12,000 people along the Canada-U.S. border in the first six months of 2024, surpassing the total arrests made in all of 2023.

While the number of migrants crossing between Canada and the U.S. is much smaller than at the U.S.-Mexico border, the new rules at the Canada-U.S. border mirror the time constraints implemented at America’s southern border earlier this year.

In June, Biden introduced sweeping changes at the border with Mexico, as migration remains a key issue for both political parties ahead of the November election.