Canada–United States Safe Third Country Agreement

Shortly after inauguration, U.S. President Donald Trump signed Executive Order 13769, which suspended the United States Refugee Admissions Program and banned travel from seven African and Middle Eastern countries; Executive Order 13768, which revoked eligibility for federal funding for sanctuary jurisdictions; and Executive Order 13767, which directed that a wall be built along the Mexico–United States border.

In response to Executive Order 13769, immigrant and civil rights advocacy groups in Canada called for the federal government to suspend the Safe Third Country Agreement.[4] These groups included Amnesty International,[5] the Canadian Civil Liberties Association,[6] the Association québécoise des avocats et avocates en droit de l'immigration,[7] the British Columbia Civil Liberties Association,[8][9] the Canadian Association of Refugee Lawyers,[10] the Canadian Council for Refugees,[11] and a group of 200 law professors from universities across Canada.[12]

On January 30, 2017, Jenny Kwan (New Democratic Party critic for Immigration, Refugees and Citizenship) proposed an emergency debate on "President Trump's ban on immigration and travel from seven countries in the Middle East and North Africa".[13]

During the debate, the New Democratic Party called on the government to immediately suspend the Safe Third Country Agreement, citing that "Canada can no longer have confidence that the American refugee system is providing a safe haven for those who face persecution".[14] The Official Opposition Conservative Party of Canada stated that they would not oppose a suspension of the agreement,[15] while the Green Party of Canada voiced support for suspending the agreement.[16]

Ahmed Hussen, speaking as Canada's Minister of Immigration, Refugees and Citizenship, claimed that the conditions of the Safe Third Country Agreement continued to be met. The governing Liberal Party of Canada did not communicate any plans or intentions to suspend the agreement.[17]

Safe third country agreements are not explicitly mentioned in the 1951 Convention Relating to the Status of Refugees or the 1967 Protocol Relating to the Status of Refugees. Instead, their legality is derived from Article 31 of the convention, which states that a refugee should not be punished for illegally entering a country if they are arriving directly from a country where they were under threat. The Office of the United Nations High Commissioner for Refugees (UNHCR) itself has cautioned against interpreting safe third country agreements too broadly, though it acknowledges that they may be acceptable in some circumstances.[18] Such ambiguities have led some legal professionals in Canada to question the legality of the Canada–United States Safe Third Country Agreement.[19]

As of February 2017, increasing numbers of refugee claimants began to cross the Canadian border at locations other than official border checkpoints. This is in order to avoid the effects of the agreement, any refugees presenting at a border crossing would be automatically turned back to the United States under the STCA provisions.[20] Under the Immigration and Refugee Protection Act, asylum seekers are able to cross at places other than official border checkpoints, thereby legally circumventing the STCA.[21] In some cases, these refugees have received amputations due to frostbite[19] and concerns have been raised that some refugees may freeze to death on their way across the border.[22]

Julie Taub, an immigration and refugee lawyer, claims that, since the introduction of the agreement in late 2004, the Canada Border Services Agency has lost its capacity and would be "overwhelmed" if the agreement were repealed.[19]

Since the beginning of January 2017 and up until the end of March 2018, the RCMP have intercepted 25,645 people crossing the border into Canada at places other than official border checkpoints, with "Roxham Road", near the route between Plattsburgh, New York and Montreal the busiest, becoming a proxy name for this trend. Public Safety Canada estimates another 2,500 came across in April 2018 for a total at just over 28,000.[23] As of early 2019, over 40,000 people crossed into Canada from the United States since early 2017.[24]