Canada-U.S. refugee agreement loophole ‘very dangerous’ according to Montreal advocate

Despite the closure of the irregular border crossing between Canada and the U.S. at Roxham Road, in 2023, thousands of migrants continue to enter the country illegally from the United States.

At the same time nearly two years ago, the Safe Third Country Agreement got an additional protocol, stating that a refugee claimant must apply for asylum in only one of the two countries.

The agreement–in effect since 2004– stipulates that if the person applies for asylum in both countries one after the other, the claim won’t be valid.

The 2023 amendment, further limits the ability of asylum seekers to submit a refugee claim in Canada, they must have proof of a family member in Canada, be an unaccompanied minor, have a valid visa or work permit or be facing the death penalty in their country of origin.

However, there’s a loophole that advocates say is life-threatening.

“The last way is to go through the woods, find a way to come to Canada clandestinely, illegally, and wait for 14 days somewhere, and then you’ll be able to apply for asylum,” said Frantz André, spokesperson for Action Committee for People Without Status.  “And this is very dangerous… this is an illegal act that we’re giving as an option for people to come in, and right now we have a lot of smugglers who are taking advantage of that exception.”

André, a retired businessman who has helped hundreds of asylum seekers since 2017, has heard of people paying up to $45,000 to enter the country. He was deeply affected by the death of Fritznel Richard, an asylum seeker who died trying to reunite with his wife and child, during the winter in 2023.

“The last thing his wife heard was, “Cheri, I love you. I’m dying” and that was it,” said André. “So, they found his body four days after on the Canadian soil, he died of hypothermia.”

“I didn’t want Fritznel to be seen like a dog who died on Canadian soil,” added André. “So, we had the ceremony for him and since we couldn’t bring his body, he was incinerated.”

“I’m the one who brought his ashes to his wife… this is the worst thing that happened to me. You know, having someone’s ashes in your luggage and bringing it to the airport and in the plane. I don’t want that to happen again.”

Political pawns

André worried that immigrants are being used as political scapegoats in Quebec and by our neighbors to the south.

 U.S. President elect Donald Trump will take office on January 20, and has promised “the largest deportation operation in American history.”

“Immigration for Trump is very important, and Trudeau is actually falling under the pressure and immigration is being used to demonize people that came here looking for a new life, that are contributing economically, contributing culturally, and this is not right,” said André who immigrated to Canada from Haiti when he was 10-years-old. “Legault mainly has created in Quebec, has created in Canada, a very toxic environment where people do not feel welcome anymore.”

Polls show that immigration has been a growing concern for Canadians.

According to data from the Angus Reid Institute, 21 per cent were concerned about immigration, which increased from five per cent in 2022.

The poll suggests it’s a ripple effect from the increasing number of people worried about the high cost of living (57%), healthcare (45%) and housing affordability (32%).

Moreover, 61 per cent of Quebercers think that Canada should welcome less immigrants according to a Leger poll. 

“To be honest with you, what’s happening right now in Quebec is not very motivating for myself,” said . “But, the people that I help, and them letting me know they’ve been accepted there, how much I’ve made a difference in their life, it’s what’s keeping me going.”