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You fled north to Canada—now what?, November 14th, 2024

Ravi Jain, recently shared his expert insights on the potential challenges arising from U.S. president-elect Donald Trump’s promise to deport millions of undocumented individuals. As political uncertainty in the United States continues to grow, Mr. Jain discussed the impact this could have on asylum seekers looking to enter Canada for refuge.

In an interview, Mr. Jain explained that under the Safe Third Country Agreement, individuals who have crossed the U.S. border illegally face significant hurdles in seeking asylum in Canada. The agreement designates the U.S. as a “safe” country, meaning that asylum seekers who entered the U.S. without status cannot claim refugee protection in Canada, as they are expected to seek refuge in the first safe country they enter—namely, the U.S. As a result, those fleeing deportation under Trump’s plan may find it difficult to gain legal status in Canada unless they can prove they are fleeing persecution in their country of origin, rather than the U.S.

He also highlighted that while some individuals might attempt to cross into Canada undetected, the enforcement of the Safe Third Country Agreement means they will likely be turned back at the border. The loophole that previously allowed asylum seekers to enter Canada through Roxham Road has now been closed, and all entry points are under full enforcement. This makes it even more challenging for individuals to secure status in Canada. However, he emphasized that Canada’s Border Services Agency is unable to police the entire border effectively and lacks the resources to track down and deport large numbers of undocumented individuals. As a result, many may remain in Canada without status, living in precarious legal situations.

Despite the challenges, Mr. Jain noted that some of these individuals might eventually find pathways to permanent status through family sponsorships or humanitarian grounds, though these processes can be lengthy and uncertain. Read the full article here.

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