DEPORTATION PRACTICES
Immigration law
29 Oct
Countless fancy papers from around the world shout in unison that nobody can be labeled "illegal" or left out in the cold when it comes to the law's protective embrace. Despite this loud and clear message, the government seems to have missed the memo, continuing to greenlight all sorts of rights violations against migrants and immigrants.
Sending people away against their will, deportation in Canada sometimes uses the fear of detention to make people comply with the process. Between 2016 and 2019, over half of the 35,000 individuals deported from Canada were sent back because their refugee status claims were rejected.
Many were returned to countries plagued by ongoing conflict, violence, and persecution, such as Colombia, Mexico, Nigeria, Pakistan, and Turkey. The fate of those whose refugee claims were denied and subsequently deported remains uncertain in terms of the harm and persecution they might face.
Deportations usually sneak by unnoticed. It's like they wear invisibility cloaks! There's not much gossip about them, nobody's really snooping around, and there's no bossy overseer. And hardly anyone's bothered to study how deportations get done. It's like the boring cousin at the family reunion nobody talks about!
The goal here is to shine a big old spotlight on the deportation process and expose its unfair, racist, and downright human rights fiascos. We need some smart suggestions to fix this mess and make things right! It's like cleaning up after a chaotic party—time to roll up our sleeves and get to work!
Deportation is a scary prospect for those facing it, and the whole system seems set up to make it feel like a rollercoaster ride through a maze of confusion. Imagine trying to navigate without a map—there's barely any info out there to guide you! On top of that, the Canada Border Services Agency (CBSA) seems more interested in speeding things up than making sure people's rights are respected. It's like they're in a race against fairness! Plus, there's no solid plan in place to keep them in check, so abuses happen more often than not.
Research on refugee claimants has found that being held in immigration detention can seriously harm mental health. Many detainees suffer because they don't know how long they'll be held, which causes stress and makes them feel powerless. It can make existing mental health problems worse and often leads to new ones like depression, anxiety, and post-traumatic stress disorder.
The studies show that many detainees start having thoughts of suicide when they lose hope, especially those who have fled trauma and persecution to seek safety in Canada. Immigration detention is particularly harmful to communities of color, refugee claimants, children, and families.
The variation in timelines cannot be easily explained due to delays in processing, file sharing, and deportation officers' prioritization of cases. Typically, deportations happen approximately 1,000 days after the refugee case is denied.
When it’s game time for deportation officers, they’ve got free rein to cherry-pick cases. But thanks to CBSA's boo-boos in their database, deciding what’s urgent is like playing pin the tail on the paperwork. The Auditor General’s even spotted cases where files are MIA, others mislabeled faster than a game of musical chairs.
Refugees can be deported from Canada for various reasons such as having a criminal record, health or safety risks, economic concerns, or providing false identity. If someone enters Canada illegally and is deemed inadmissible, they face deportation.
Deportation from Canada involves three types of orders. A Departure Order requires individuals to leave Canada within 30 days of issuance. An Exclusion Order imposes a temporary ban on re-entry into the country. Finally, a Deportation Order results in a permanent ban and carries significant legal consequences.
Under the law, individuals ordered deported by an immigration judge are granted the chance to seek a review and potentially overturn that deportation order. Here are five strategies that may help prevent deportation: Applying for asylum, which allows eligible individuals to stay in the country; seeking a waiver; adjusting status to become a permanent resident; appealing to the Board of Immigration Appeals; and considering voluntary departure as an alternative.
Being an immigration detainee might not land you a jailbird nickname, but it sure comes with a bundle of experiences reminiscent of a crime show marathon: think handcuffs, shackles, intense searches, and the occasional solo time in the confinement corner. Forget open spaces and leisurely strolls—here, it's all about tight quarters, strict schedules, and surveillance that'd make a Big Brother contestant blush.
In Canada, we're like the "Wild North" of immigration rules — no legal cap on how long you can be detained. It's like they forgot to set the timer on the hospitality oven!
Many former immigration detainees still suffer from psychosocial disabilities long after their release, stemming from their time in detention. The experience of immigration detention erodes trust in law enforcement and the justice system, impacting both detainees and their loved ones.
If we genuinely thought that immigration detainees experienced emotions like pain, anxiety, love, and hope just like we do, we wouldn't think locking them up is the answer. Unless, of course, we're convinced they're not quite as human as the rest of us!
Structural flaws that contribute to a flawed deportation process, allowing for abuse, misconduct, and racism. These findings highlight the current lack of adequate controls and protective measures.
Refugee cases can get pretty tangled up, sometimes leading to genuine refugees being told, "Sorry, wrong number!" That's why it's crucial that deportation procedures respect not just human rights, but also the rights that specifically apply to refugees.
The PRRA (Pre-removal risk assessment) is like a safety net designed to stop someone from getting deported into trouble. It's supposed to help, but sometimes CBSA officers act like those folks who discourage you from taking the last slice of pizza – even though it's rightfully yours!
It's not widely known, but individuals who receive a deportation order or whose departure order turns into a deportation order need an ARC (Authorization to Return to Canada) to legally return to Canada. This is different from a Direction to Leave Canada, which does not require an ARC.
We emphasize the importance of seeking guidance from experienced lawyers if facing deportation. Community workers also encourage refugees not to hesitate in reaching out for help, suggesting that there may be unexplored options available, even through settlement agencies.
You have the option to appeal in order to delay or stop a removal order that has been issued to you. To avoid deportation, it is crucial that you appeal the removal order promptly. Given the urgency of the situation, it is advisable to seek immediate assistance from experienced immigration attorneys.
Concerned about potential deportation from Canada? Have you received a Departure Order and are uncertain about your next steps? Reach out to us today to discover how our Canadian immigration lawyer can assist you!