Changes at Canadian Border Impact Asylum Seekers

Changes at Canadian Border Impact Asylum Seekers

U.S. Enhances Asylum Processing at Canada Border to Expedite Claims and Strengthen Security

At a Glance

  • The Biden administration plans to expedite the processing of asylum-seekers at the U.S.-Canada border due to a significant increase in migrant crossings.
  • Changes involve the “Safe Third Country” asylum agreement with Canada.
  • Asylum seekers now need their documents ready for screenings, eliminating the option to postpone screenings.
  • The time for migrants to consult with lawyers before screenings will be reduced to a minimum of four hours.
  • The new measures are designed to streamline processing without affecting the fairness of asylum procedures.

Expedited Asylum Processing at the Northern Border

In a significant move to handle increasing migration, the United States is enhancing its asylum processing operations at the Canada border. By expediting the adjudication process, the administration aims to cut down on prolonged waiting periods and address the accumulating asylum claims efficiently.

Along with these changes, the “Safe Third Country” agreement between the U.S. and Canada has been revised, allowing both countries to return asylum-seekers who attempt to cross their shared border without authorization.

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Document-Ready Screenings

A noteworthy change as part of these enhancements is that migrants will now need to have their documents ready for screenings. This alteration eliminates the prior option to postpone screenings and necessitates quicker preparation on the part of the asylum seekers.

“DHS carefully reviewed its implementation of the Safe Third Country Agreement with Canada and concluded that it could streamline that process at the border without impacting noncitizens’ ability to have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection,” stated the department.

Additionally, the time allotted for migrants to consult with their attorneys before screenings will be significantly reduced to a minimum of four hours, down from the previous 24-hour period.

Impact of the Revisions

The revisions to the STCA now apply to the entire 5,525-mile U.S.-Canada border, expanding the agreement beyond official entry points. This expansion aims to disincentivize unauthorized crossings, particularly at unofficial crossing points like Roxham Road.

The Biden administration is set to begin expediting asylum processing at the Northern border with Canada and limiting how long asylum seekers have to consult attorneys, U.S. Department of Homeland Security confirmed to Law360 on Tuesday.”

This development also aligns with Ottawa reimposing visa requirements on Mexican nationals visiting Canada, contributing to a decrease in Mexican migrants attempting to cross into the U.S. from Canada.

Looking Ahead

This updated strategy reflects a broader push by the U.S. to manage both its northern and southern borders more stringently. Enhanced cooperation with Canadian partners and streamlined processes underscore a joint commitment to robust border security and fair, efficient asylum processing mechanisms.

As the country grapples with rising numbers of migrants and limited resources, these changes mark a pivotal step in addressing the ongoing challenges at the U.S.-Canada border.