In 2023, Canada and the United States expanded the Safe Third Country Agreement (STCA) to encompass the entire border between the two nations, including areas between official ports of entry. This move has been met with both support for its intent to effectively manage refugee claims and criticism from rights advocates. Nearly 10,000 frontline personnel are currently deployed to maintain border security, underscoring the countries' commitment to safeguarding their borders. However, the changes have sparked a debate about the safety and fairness of asylum processes, particularly in light of recent US policies under the Trump administration.
The expansion of the STCA comes as the US Customs and Border Protection reported nearly 200,000 encounters with individuals attempting to cross into the country irregularly from Canada during the 2024 fiscal year. This figure pales in comparison to the over 2.1 million encounters recorded at the US-Mexico border during the same period. The Canadian government remains firm in discouraging irregular crossings and has initiated a $1.3 billion plan to enhance border security with new helicopters, technology, and personnel.
Despite these efforts, critics argue that the STCA makes it increasingly difficult for asylum seekers to access Canada's asylum system. Rights advocates in Canada have urged the government to halt the practice of returning most asylum seekers at the border back to the US, arguing that the US is not a safe place for those seeking refuge.
"They should be able to assess what is happening right now under the series of [Trump] executive orders," said Gauri Sreenivasan.
"and clearly identify that conditions are no longer safe, that there is no effective right to asylum in the US."
Critics such as Anne Dutton highlight the restrictive nature of recent US policies and their implications for asylum seekers.
"It’s clear that the Trump administration has come in with an agenda of restricting rights and protections for migrants and asylum seekers," stated Anne Dutton.
"Definitely the fear is that the second Trump administration is not only going to continue that trajectory but make it significantly worse."
The Canadian government's stance remains that it will uphold its responsibilities under the STCA, which includes mechanisms to exempt those at risk of rights violations in the US. This position was reinforced by a Supreme Court of Canada ruling in 2023, which acknowledged potential rights violations but deemed existing safety provisions adequate.
"Just how far are we willing to go to comply … [with] a bully and a racist who has no concern for human life?" questioned Wendy Ayotte.
"The United States government itself is becoming an agent of persecution of people within its borders."
Amid these challenges, human rights organizations like the Canadian Council for Refugees (CCR), Amnesty International Canada, and the Canadian Council of Churches have contested the STCA's alignment with fundamental rights enshrined in the Canadian Charter of Rights and Freedoms. They argue that it violates rights to life, liberty, and equal protection.
"When we return people to the United States as we are currently doing, … that makes us complicit with an anti-refugee regime," stated Wendy Ayotte.
"It makes us complicit with the possibility this person will either languish in detention in poor condition or be sent back to their home country."
Anne Dutton further elaborated on these concerns.
"The fact that the US is wholesale eliminating access to the asylum process for people in need of protection is a very concerning sign that the US is not actually the safe haven that the Safe Third Country Agreement imagines it to be," she said.
The Canadian government has made clear its objective to ensure a secure Northern Border while addressing criticisms surrounding human rights and safety for asylum seekers. As part of this commitment, Canada has undertaken measures to bolster its border with advanced technology and increased manpower.
"Certainly, the series of executive orders and the actions that we are now seeing President Trump make [have made] the US dangerously more unsafe for those seeking protections," added Gauri Sreenivasan.
