Canadian Officials Warned of Dangers in Expanding Refugee Pact
Canadian officials have issued warnings about the potential dangers of expanding the Safe Third Country Agreement, a bilateral refugee pact between Canada and the United States. A memo, made public by Public Safety Canada, reveals concerns that such an expansion could fuel smuggling networks and encourage migrants to take more dangerous and remote routes when crossing the border. In addition, officials feared that this development would strain the resources of the Royal Canadian Mounted Police (RCMP) as irregular migrants scattered across the vast border.
The Safe Third Country Agreement, implemented in 2004, allows Canada and the United States to turn back prospective refugees who arrive at a land port of entry along the Canada-U.S. border, unless they are exempted or have a legitimate claim in the country where they first arrived. However, until this year, the agreement did not apply to those who crossed between official entry points.
On March 24, during U.S. President Joe Biden’s visit to Ottawa, it was announced that the Safe Third Country Agreement would be expanded to cover the entire land border, starting the following day. This decision was prompted by concerns and debates regarding the increase in irregular migration to both countries.
The internal memo highlighted that the Cross-Border Crime Forum provided an opportunity to reinforce Canada’s commitment to fair and orderly migration between the two countries, including support for the expansion of the refugee agreement. Despite a decrease in the number of irregular border interceptions by the RCMP between March 25 and April 25, the memo warned that the changes to the agreement were likely to lead to an increase in criminal threats and exacerbate existing risks at the Canada-U.S. border.
The memo expressed concerns that individuals may be motivated to use more dangerous and remote crossing routes to evade law enforcement and bypass the expanded protocol. It also highlighted the high likelihood of human smuggling networks expanding their operations and playing a significant role in facilitating these clandestine entries. Furthermore, irregular crossings in isolated areas could result in physical injuries or fatalities for migrants.
The memo also emphasized the risks faced by irregular migrants, including the potential for physical or sexual abuse, human trafficking, and exploitation during their journey to Canada. Responding to irregular migration in remote and isolated regions also posed challenges to the health and safety of RCMP officers and placed a strain on their resources.
In addition, the memo cautioned that organized crime groups might take advantage of shifting irregular migration routes to smuggle illicit commodities such as drugs, guns, and tobacco across the border. These concerns echo those previously voiced by the Canadian Council for Refugees, which argues that the U.S. is not always a safe country for people fleeing persecution.
The warnings in the memo demonstrate the government’s awareness of the dangers associated with closing down the border. The council has consistently advocated for a policy that allows claimants to safely present themselves at a designated border crossing and have their cases heard fairly. Seeking protection is a right protected under international human rights law.
Following the expansion of the refugee agreement, eight people tragically drowned in the St. Lawrence River in an apparent attempt to be smuggled into the U.S. Improved intelligence, detection, and interdiction efforts were part of the discussion during the Cross-Border Crime Forum meeting, with the aim of disrupting cross-border smuggling, conducting investigations, and holding individuals accountable.
In response to the concerns raised, the RCMP and local police intercept individuals crossing between ports of entry and bring them to designated ports of entry, provided there are no national security or criminality concerns. The Canada Border Services Agency then determines whether their claim is eligible under the Safe Third Country Agreement. The agency works closely with Canadian and U.S. partners to ensure the lawful and humane treatment of refugee claimants while maintaining border security.
It is essential for asylum seekers to understand that crossing between ports of entry is illegal and unsafe. They are strongly encouraged to use designated ports of entry to ensure a safer, faster, and lawful process.
The warnings outlined in the memo highlight the potential risks and challenges involved in expanding the Safe Third Country Agreement. It remains crucial for policymakers to carefully consider the implications and ensure the fair and humane treatment of refugees, while also maintaining border security.
