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RISE IN ASYLUM SEEKERS TO CANADA FROM U.S.

Immigration law

21 Apr

The increase in potential refugees at the St-Bernard-de-Lacolle crossing (Montreal) coincides with the approaching expiration of temporary status for hundreds of thousands of migrants in the United States since the election of U.S. President Donald Trump. 

Officials stated that the ongoing increase in asylum seekers could be further fueled by Trump administration policies, potentially leading to another large wave of migrants to Canada. The increase in potential refugees aligns with the imminent expiration of temporary status for hundreds of thousands of migrants in the United States.

According to data from the Canada Border Services Agency, asylum claims have risen since the beginning of the year, reaching a peak of 1,356 applications in March, with 557 claims recorded as of Saturday for April.

Numerous individuals have been sent back since Donald Trump assumed office, and they are living in fear, noting that many have started receiving notifications from U.S. authorities informing them that their status has been cancelled. Once they receive the notice, they begin searching for ways to leave the country

Last month, U.S. Homeland Security announced it would terminate the temporary status of 532,000 individuals from Cuba, Haiti, Nicaragua, and Venezuela who arrived in the country at their own expense with a financial sponsor, effective April 24.

It has been noted that a significant number of claimants at the Quebec border crossing are Haitians, driven by strict policies against Haitian migrants that forced thousands to travel to Canada, primarily to Quebec.

The Trump administration also declared the termination of Temporary Protected Status for 600,000 Venezuelans and roughly 500,000 Haitians, with the expiration scheduled for August, although a federal judge has temporarily suspended the decision. But Frantz André, spokesman for a Montreal, doesn't believe they will be waiting until August to make their break.

He adds, "We've already witnessed what's unfolding, and I don't believe they will wait… because right now, ICE (Immigration and Customs Enforcement) is targeting workplaces, churches, and even the streets. They stop you, and if you're one of them, you're taken away.

The Canada-U.S. Safe Third Country Agreement mandates that individuals seeking asylum must do so in the first country they enter — meaning they cannot go to the U.S. and then seek asylum in Canada. However, there are exceptions: 

  1. Potential refugees can enter Canada and request asylum if they have a relative in the country. 

  2. Unaccompanied minors or anyone who crosses the border unlawfully and stays hidden in Canada for two weeks before applying for asylum.

Under this Safe Third Country agreement, we are able to return them to the United States, and I believe this is the right course of action," Carney said to reporters in Delta, B.C. " The situation in the United States has shifted, and the potential for a surge in asylum seekers now exists, so Canada and the U.S. must closely cooperate to address this issue.

Conservative Leader Pierre Poilievre, speaking to reporters in Edmonton, blamed the Liberals for what he called a "broken" immigration system. "Obviously, if someone is a true refugee who is truly endangered abroad and they come in under the proper rules, then they should be allowed to stay," Poilievre said. However, if they are fraudulent, they will be required to leave."

RRM Law can assist individuals and families navigating complex immigration and asylum processes by offering expert legal guidance and representation. We help clients understand their rights, ensure compliance with immigration laws, and provide support in filing applications for asylum, refugee status, or other forms of relief. 

Additionally, RRM Law can represent clients in hearings, appeals, and legal disputes, advocating for their interests and working to secure favorable outcomes. With a focus on immigration law, RRM Law ensures that clients are informed and empowered throughout their legal journey. 

Speak with an experienced attorney  today. Call (905) 798-3776