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December 18th , 2024

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CANADIAN IMMIGRATION MINISTER PROPOSES REFORMS TO ADDRESS ASYLUM SYSTEM CHALLENGES

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Canadian Immigration Minister Proposes Reforms to Address Asylum System Challenges

Canada’s Immigration Minister, Marc Miller, is exploring reforms to address potential abuse within the asylum system, particularly focusing on the Safe Third Country Agreement (STCA). This agreement allows Canada and the U.S. to reject asylum claims from individuals entering through unofficial border crossings.



Understanding the Safe Third Country Agreement

The STCA was updated in early 2023 to include a 14-day provision. This change allows authorities to turn away asylum seekers who enter Canada through unauthorized routes within two weeks of crossing the border.

Impact on Asylum Seekers

Immigration lawyers and advocates argue that this rule has put asylum seekers at greater risk. Many now turn to human smugglers to cross undetected, while others remain hidden until the 14-day window expires, enabling them to claim asylum legally.

Minister Miller believes the agreement is largely effective but acknowledges room for improvement. Speaking to the National Post, he mentioned exploring reforms to prevent abuse, stating, “I’m considering changes that could address how this agreement is exploited by people seeking entry into Canada.”



Proposed Reforms and the 14-Day Rule

Miller emphasized that several reform options are under consideration. While discussing the 14-day rule, he suggested measures to prevent its misuse, explaining, “If individuals are found within 14 days, they are returned to the U.S., and the same applies in reverse.”

Political and Legal Reactions

  • Bloc Québécois: Advocates for abolishing the 14-day provision entirely.
  • Immigration Lawyers: Toronto-based lawyer Maureen Silcoff supports the rule, arguing it encourages asylum seekers to report to officials rather than remain hidden. She cautions that eliminating it could worsen underground movements and complicate the asylum process.

Miller refrained from committing to a stance on expanding or eliminating the rule, noting that U.S. perspectives would play a role in future decisions.


Broader Immigration Challenges

Immigration has been a persistent challenge for Prime Minister Justin Trudeau’s government. Following a surge in immigration post-COVID-19, Trudeau announced a 20% reduction in permanent residency targets, acknowledging concerns over housing and labor market strains.

Influence of U.S. Politics

The U.S. political climate has added pressure to Canada’s asylum system. During Donald Trump’s presidency, the threat of mass deportations led to increased migration into Canada. Miller acknowledged these dynamics but described debates on border security as often “toxic.” He emphasized that while migration into the U.S. via Canada exists, it is far less significant than flows from Mexico.


Trends in Asylum Claims

Data shows a rise in asylum claims at Canadian airports, although stricter visa measures have slowed the influx. In February, the government reinstated visa requirements for Mexican nationals after a surge in claims, particularly in Quebec. The decision followed concerns raised by both Canada and the U.S. about rising cross-border migration.


Addressing System Inefficiencies

Minister Miller acknowledged that Canada’s asylum system needs significant improvements. He stressed the importance of creating an efficient system capable of processing claims more rapidly, noting, “That isn’t the case currently.”

Backlog of Claims

The Immigration and Refugee Board (IRB) is overwhelmed, with approximately 260,000 claims awaiting assessment. The IRB accepts roughly 80% of claims, highlighting the need for additional resources and streamlined processing.

Solutions for Improvement

  • Prioritizing Cases: Silcoff suggested removing cases from individuals originating in countries with high acceptance rates. This would enable the IRB to focus on more complex cases.
  • Regularization Programs: Miller has shown openness to narrow regularization programs for undocumented individuals with specific skills, including refugees.

Conclusion

Immigration Minister Marc Miller remains committed to reforming Canada’s asylum system. While he explores changes to the Safe Third Country Agreement, his focus will be on striking a balance between border security and Canada’s humanitarian responsibilities.

Ongoing discussions and policy updates will be critical in shaping Canada’s approach to asylum claims and ensuring a fair, efficient system for all stakeholders.

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