SEEKING ASYLUM IN CANADA AT THE LAND BORDER:
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READ THIS BEFORE GOING TO CANADA. IMPORTANT CHANGE !
Since March 25th, all persons who seek asylum anywhere along the Canada-US border must qualify for an exception to the Safe Third Country Agreement (STCA) in order to enter Canada. If you do NOT qualify you will be returned to the United States and will never be able to make an asylum claim in Canada again (unless you can appeal). You may be detained in the US after being sent back. Find out below if you qualify for an exception.
Please read the information on this page carefully and seek advice before going to Canada.
Since March 25th, all persons who seek asylum anywhere along the Canada-US border must qualify for an exception to the Safe Third Country Agreement (STCA) in order to enter Canada. If you do NOT qualify you will be returned to the United States and will never be able to make an asylum claim in Canada again (unless you can appeal). You may be detained in the US after being sent back. Find out below if you qualify for an exception.
Please read the information on this page carefully and seek advice before going to Canada.
The Safe Third Country Agreement determines who can seek asylum in Canada at the land border with the USA and who cannot. On March 25, 2023 the modified Safe Third Country Agreement came into force. The STCA applies to everyone, including people who cross irregularly into Canada. If you enter irregularly, you must remain undetected for 14 days in order to be eligible to make a refugee claim.
If you are seeking asylum in Canada, you will only be able to enter Canada (at any place along the border) if you meet one of these four exceptions from the Safe Third Country Agreement (STCA).
- having a close family member with the right status residing in Canada;
- being an unaccompanied child under 18;
- being at risk of the death penalty;
- having the right Canadian visa.
Note: the STCA does not apply to U.S. citizens or to habitual residents of the United States who are not citizens of any country ("stateless persons"). Stateless persons must be able to prove that they have lived for an extended period of time in the US.
Before going to Canada you are strongly advised to consult:
- Vive Shelter in Buffalo, New York, to get advice about STCA exceptions on 716.892.4354 x 605 or vivelegal@jrchc.org
- OR the Peace Bridge Newcomers Centre (NGO in Ontario at the Peace Bridge) to get information about preparing for an STCA interview. Call 905-994-6007 Mondays to Fridays from 8:30 am to 16:30 pm Eastern Time (leave a message). border@firststepsincanada.com.
- OR a Canadian refugee lawyer. You can contact FCJ Refugee House in Toronto, Canada to get the name of a lawyer: info@fcjrefugeecentre.org phone: 416-469-9754 WhatsApp +1 416-437-217-3786 . You will likely need to pay a fee to the refugee lawyer.
- Bridges Not Borders (if you get no help elsewhere): bridgesnotborders.ca@gmail.com
Getting to Lacolle
You can reach Plattsburgh in New York State by plane, bus, Uber or private car. From Plattsburgh, you take a taxi to Lacolle.
Taxis in Plattsburgh should charge you a maximum of $90 for the trip.
You can reach Plattsburgh in New York State by plane, bus, Uber or private car. From Plattsburgh, you take a taxi to Lacolle.
Taxis in Plattsburgh should charge you a maximum of $90 for the trip.
If You Have Been Excluded from Canada Under STCA Rules
If you DO NOT meet an exception under the STCA you will be excluded from Canada and sent back to the US. Unless you are able to challenge this decision, you will never be able to apply for asylum in Canada again. You will be given a paper explaining the appeal deadline (15 calendar days). You will need a Canadian refugee lawyer to help you appeal. It is difficult to find and hire a lawyer in this time frame.
When you are sent back to the US you may be put in US immigration detention, and, depending on your situation, you may be put in removal proceedings (to be sent back to your home country).
If you DO NOT meet an exception under the STCA you will be excluded from Canada and sent back to the US. Unless you are able to challenge this decision, you will never be able to apply for asylum in Canada again. You will be given a paper explaining the appeal deadline (15 calendar days). You will need a Canadian refugee lawyer to help you appeal. It is difficult to find and hire a lawyer in this time frame.
When you are sent back to the US you may be put in US immigration detention, and, depending on your situation, you may be put in removal proceedings (to be sent back to your home country).
Applying for asylum in the US after being excluded from Canada under the STCA
If you have not yet sought asylum in the USA, you can explore that option. Be aware that some people cannot apply for asylum in the USA if they have been there longer than one year.
For more information you can call the ONA immigration hotline: 1-800-566-7636 (service in many languages). You can also contact Alex Vernon, a US refugee lawyer and professor, to discuss US asylum and refugee matters at 1 313 444 9222 or vernonag@udmercy.edu or agvernon@gmail.com.
If you have not yet sought asylum in the USA, you can explore that option. Be aware that some people cannot apply for asylum in the USA if they have been there longer than one year.
For more information you can call the ONA immigration hotline: 1-800-566-7636 (service in many languages). You can also contact Alex Vernon, a US refugee lawyer and professor, to discuss US asylum and refugee matters at 1 313 444 9222 or vernonag@udmercy.edu or agvernon@gmail.com.
News about the Safe Third Country Agreement
- The STCA has been modified and changes took effect on March 25 2023. The STCA now applies across the entire land border between Canada and the US. All persons seeking asylum at the land border will be sent back to the US unless they qualify for an exception to the STCA. More information coming shortly.
- On October 6th 2022, the Supreme Court of Canada heard the final appeal, brought by three Canadian organizations and some asylum seekers, that challenges the legitimacy of the STCA and the designation of the United States as a 'safe third country'. We do not know when the court's decision will be announced.