Latest death at Canada-US border is symptom of ‘failing’ system, says immigration lawyer

Community groups are once again asking for change in the way asylum seekers are welcomed in Canada, following the death of a 45-year-old man crossing the U.S. border from Quebec.

“There will be, unfortunately, more people that are going to die,” said Viviane Albuquerque, a Canadian and U.S. immigration lawyer. “They’re going to hurt at the border if the government takes no action, if they do not solve this issue.”

BACKGROUND: Vermont officials investigating after man dies crossing border from Quebec

Two months after 44-year-old Fritznel Richard died while attempting to cross the U.S. border, another man – 45-year-old Jose Leos Cervantes – collapsed and died shortly after crossing into the United States from Quebec.

It’s left community groups sounding the alarm once more.

“It is a symptom of a system that is failing. It is a system of an immigration policy that is not working,” said Albuquerque.

Cervantes, originally from Mexico, was attempting to cross an unofficial border into Vermont alongside two other individuals at 10:30 p.m. last week. When border patrol agents spotted them, the two others ran back to Canada but Cervantes collapsed. He was given first aid, including CPR, but later died in hospital.

“The way things are happening right now in the States and what’s happening here in Canada, the Canadian dream or the American dream is no longer what it used to be for refugees,” said Frantz André, a spokesperson and coordinator with Comité d’action des Personnes Sans Statuts.

WATCH: Quebec groups call for changes in how asylum seekers are welcomed

Cervantes is one of hundreds who have tried to cross into Vermont this year alone. Border officers say the 367 encounters and apprehensions in January 2023 was higher than the previous 12 Januarys combined – at 344.

“The current situation, the cost of living, the political rhetoric… people feel they’re not welcome anymore,” said André.

Calls to close Roxham Road 

Following Richard’s death, who froze while attempting to cross an unofficial border south of Montreal near Roxham Road, many politicians, including Quebec Premier François Legault, called on the closure of the crossing.

That won’t fix the issue, believes Albuquerque.

MORE ON ROXHAM ROAD BORDER CROSSING:

• Man who fled to Canada after Trudeau tweet believes feds benefit from keeping Roxham Road open
• Legault pitches English Canada for closure of Roxham Road, transfer of migrants
• Quebec premier says Roxham Road must be ‘priority’ for Trudeau at meeting with Biden
• Quebec asking Ottawa to move new asylum seekers crossing Roxham to other provinces

“Closing Roxham Road is a narrative that just says we don’t want those people here, but it’s definitely not a solution to the problem,” she said.

“We have kilometres and kilometres of borders with the United States. I mean, they’re just going to find another path to cross and it’s going to further risk their lives.”

Long processing time for asylum seekers

Both Albuquerque and André say many asylum seekers coming to Quebec are often waiting long periods of time for their paperwork to come through, making the option of going to the U.S more appealing, in hopes they can participate in society.

“They have a long processing time, where they are in limbo,” said Albuquerque. “They can’t work, they can’t participate in the Canadian society. They must just sit and wait for the government to one day process their application. Something has to change.”

RELATED: Haitian family that entered Quebec at Roxham Road being shuffled around, waiting to begin new life

Albuquerque fears if nothing changes, the number of individuals crossing irregular borders will continue to increase.

“Because we have taken so long and because the system in Canada is so overwhelmed we are going to be seeing a lot of individuals actually this summer as the temperatures get better,” she said.