SEEKING ASYLUM IN CANADA AT THE LAND BORDER:
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Since the 25th of March 2023, people 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. The STCA applies also to people who cross irregularly (clandestinely) into Canada and are detected within the first 14 days after crossing.
If you do NOT qualify for an STCA exception, you will be returned to the United States and will never be able to make an asylum claim in Canada again (unless you successfully appeal the exclusion). Also, you may be detained in the US after being sent back. Find out below if you qualify for an exception.
HOWEVER, if you cross the border irregularly, and remain undetected for 14 days , you will be able to make a refugee claim (unless you are not eligible for reasons such as serious criminality etc. ). You will NOT be assessed under the rules of the STCA.
After the 14 day period you should present yourself to Canadian authorities with the help of a lawyer.
If you do NOT qualify for an STCA exception, you will be returned to the United States and will never be able to make an asylum claim in Canada again (unless you successfully appeal the exclusion). Also, you may be detained in the US after being sent back. Find out below if you qualify for an exception.
HOWEVER, if you cross the border irregularly, and remain undetected for 14 days , you will be able to make a refugee claim (unless you are not eligible for reasons such as serious criminality etc. ). You will NOT be assessed under the rules of the STCA.
After the 14 day period you should present yourself to Canadian authorities with the help of a lawyer.
Where Does the STCA Apply?
1. At official land ports of entry (POEs) and anywhere between POEs (irregular entry) along the border between Canada and the United States;
2. After crossing into Canada irregularly (at a place other than an official port of entry), and asking for asylum less than 14 days after the day of entry into Canada;
3. When entering Canada by train;
4. At Canadian airports ONLY if someone has already been refused asylum in the US, and the US is removing them to their country of origin and they are in transit through Canada.
The STCA does NOT apply at:
1. Canadian airports (except for the situation described above);
2. Canadian marine ports and ferry landings.
The STCA does NOT apply to:
1. U.S. citizens
2. Persons who are 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.
1. At official land ports of entry (POEs) and anywhere between POEs (irregular entry) along the border between Canada and the United States;
2. After crossing into Canada irregularly (at a place other than an official port of entry), and asking for asylum less than 14 days after the day of entry into Canada;
3. When entering Canada by train;
4. At Canadian airports ONLY if someone has already been refused asylum in the US, and the US is removing them to their country of origin and they are in transit through Canada.
The STCA does NOT apply at:
1. Canadian airports (except for the situation described above);
2. Canadian marine ports and ferry landings.
The STCA does NOT apply to:
1. U.S. citizens
2. Persons who are 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.
The Four Exceptions to the STCA:
1. You have a close family member with the right status residing in Canada;
2. You are an unaccompanied child under 18;
3. You are at risk of the death penalty;
4. You have a valid Canadian visa.
1. You have a close family member with the right status residing in Canada;
2. You are an unaccompanied child under 18;
3. You are at risk of the death penalty;
4. You have a valid Canadian visa.
Before going to the Canadian land border, you must be sure that you qualify for an exception and can prove that you do. The details are important. Read these documents to find out.
1. Exceptions to the Safe Third Country Agreement: the important details.
2. How to prove the family relationship with your family member in Canada (Exception #1)
3. Common law couples: How to prove that you have previously lived together for one uninterrupted year.
1. Exceptions to the Safe Third Country Agreement: the important details.
2. How to prove the family relationship with your family member in Canada (Exception #1)
3. Common law couples: How to prove that you have previously lived together for one uninterrupted year.
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.
Getting to Lacolle Port of Entry
If you intend to cross into Canada at Lacolle, Quebec, you can travel to 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 intend to cross into Canada at Lacolle, Quebec, you can travel to 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 (see above to find a lawyer).
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 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 (see above to find a lawyer).
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.
News about the Safe Third Country Agreement (STCA)
- The STCA has been modified and a new protocol took effect on March 25, 2023. The STCA now applies across the entire land border between Canada and the US. Anyone trying to enter Canada at Roxham Road will now be assessed under STCA rules.
- On June 16th 2023, the Supreme Court of Canada (SCC) issued its decision on an appeal against the STCA, brought by three Canadian organizations and some asylum seekers . A CBC article reported: '' In a unanimous decision, the Supreme Court of Canada ruled Friday that the Safe Third Country Agreement (STCA) between Canada and the United States is constitutional, at least in part — a legal victory for the federal government as it seeks to continue the practice of returning refugees who have tried to cross into this country from the U.S.'' The SCC did not agree that returning asylum seekers to the US violated their right to 'life, liberty and security of the person' under Section 7 of the Canadian Charter of Rights and Freedoms. However the SCC did not rule on the Section 15 arguments that deal with equality under the law. The US has long denied refugee claims from many people fleeing gender-based persecution. In Canada such claims can be recognized and the Immigration and Refugee Board of Canada has produced extensive guidelines for decision makers. The Section 15 arguments have been sent to the lower court for a decision.