- Canada has deported over 1,200 asylum seekers to the US since 2023 under the Safe Third Country Agreement.
- The transfers have led to the detention of hundreds by US Immigration and Customs Enforcement (ICE).
- Asylum seekers from Haiti, Venezuela, and Sudan are among those returned to the US.
- Experts warn that this practice undermines refugee protections and exposes vulnerable people to harsh US immigration enforcement.
- Canada’s role in the process raises urgent legal and humanitarian questions about its international obligations.
Canada is increasingly handing over asylum seekers to U.S. immigration authorities under the Safe Third Country Agreement, leading to the detention of hundreds by U.S. Immigration and Customs Enforcement (ICE)—including individuals fleeing violence in Haiti, Venezuela, and Sudan who sought to reunite with family in Canada. Since 2023, more than 1,200 people have been returned to the U.S. after failed border claims, with many detained for months. Experts warn this practice undermines refugee protections and exposes vulnerable people to harsh U.S. immigration enforcement, raising urgent legal and humanitarian questions about Canada’s role in the process and its international obligations.
How is Canada transferring asylum seekers to ICE?
Under the Safe Third Country Agreement (STCA), signed in 2004 and amended over time, both Canada and the U.S. consider each other safe for asylum seekers. This means individuals must claim asylum in the first country they arrive in—preventing them from making dual claims. When asylum seekers arrive at official land border crossings between the two nations, they are typically turned back to the country they came from. For those entering from the U.S. into Canada, this results in immediate return to U.S. authorities. While the policy was designed to manage migration flows, critics argue it now funnels vulnerable refugees directly into ICE detention, particularly when claimants lack legal representation or are unaware of the risks. The case of Markens Appolon, a 25-year-old Haitian national, exemplifies this: he crossed into Quebec seeking to join relatives in Montreal but was sent back to the U.S. and jailed by ICE for four months.
What evidence shows the human cost of these returns?
Human rights groups and legal advocates have documented a growing number of cases like Appolon’s. According to data from the Canadian Council for Refugees, at least 1,200 asylum seekers were returned to the U.S. between 2023 and 2026 under the STCA, with over 70% originating from countries with active humanitarian crises. Interviews conducted by The Guardian reveal that many of those returned faced prolonged detention, limited access to legal counsel, and poor conditions in U.S. facilities. Appolon described sleeping on concrete floors and being denied medical care for chronic asthma. A 2025 report by Human Rights Watch concluded that U.S. immigration detention often fails to meet international standards, citing overcrowding, inadequate healthcare, and psychological harm—conditions that may make the U.S. no longer qualify as a “safe” country for refugees under international law.
What do Canadian and U.S. officials say in defense of the policy?
Canadian and U.S. authorities maintain that the STCA remains essential for managing orderly migration and preventing system abuse. A spokesperson for Immigration, Refugees and Citizenship Canada stated that the agreement “ensures asylum claims are processed efficiently and fairly in the first safe country of arrival.” U.S. Customs and Border Protection similarly argues that returns are conducted “in accordance with bilateral obligations and due process.” Officials also emphasize that asylum seekers can still make claims if they enter Canada irregularly—such as at unofficial crossings like Roxham Road, which was closed in 2023 but has seen renewed activity. However, legal experts point out that such exceptions are inconsistently applied and often depend on the discretion of border agents. Moreover, some U.S. immigration judges have begun questioning the fairness of detaining individuals returned from Canada, particularly when they have strong family or community ties in Canada.
What real-world impact are these deportations having on refugees?
The consequences extend far beyond detention. For families like Appolon’s in Montreal, the separation causes emotional and financial strain. His sister, a Canadian citizen, spent thousands on legal fees and advocacy to secure his release. Meanwhile, many returnees face deportation to dangerous home countries after exhausting appeals. The uncertainty also deters others from seeking protection altogether, pushing some toward more dangerous migration routes through Central America or Mexico. Legal aid organizations in Quebec and Ontario report a surge in inquiries from refugees afraid to cross officially, fearing automatic return and detention. In one case, a Venezuelan family walked for three days through freezing woods to bypass a checkpoint—highlighting how policy enforcement is reshaping migration behavior in unpredictable and often perilous ways.
What This Means For You
If you or someone you know is considering asylum in Canada, understanding the STCA’s limitations is crucial—especially at official border crossings. The agreement may block claims even when individuals have family in Canada or face real dangers at home. Advocacy groups urge potential claimants to consult legal aid before crossing and consider irregular entry as a last resort. For Canadian citizens sponsoring relatives, the process has become riskier and less predictable.
As global displacement reaches record levels, the question remains: can bilateral agreements like the STCA coexist with international refugee protections? With courts in both countries reviewing the policy’s legality and human rights organizations calling for suspension, the future of North America’s asylum framework hangs in the balance.
Source: The Guardian