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Canada-US Safe Third Country Agreement for asylum seekers

To date, the US is the only country that is designated as a safe third country by Canada under the Immigration and Refugee Protection Act.

Toronto, 25 March 2023 (GNP): Canada and the US have amended refugee agreements to decrease the high number of asylum seekers. 

This change, which took place during U.S. President Joe Biden’s first visit to Canada, may provide some relief to Canadian Prime Minister Justin Trudeau, who is being pressured by political opponents to take action. 

During a press conference, Trudeau stated that both Canada and the United States believe in fair and safe migration, refugee protection, and border security. This is why they have decided to apply the Safe Third Country Agreement to areas between official points of entry.

The Safe Third Country Agreement between Canada and the United States (U.S.) is part of the U.S.–Canada Smart Border Action Plan. To date, the US is the only country that is designated as a safe third country by Canada under the Immigration and Refugee Protection Act.

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The Agreement does not apply to US citizens or habitual residents of the US who are not citizens of any country (“stateless persons”).

Originally, the Safe Third Country Agreement, signed in 2002 and implemented in 2004, dictated that asylum seekers crossing into Canada or the United States at official border crossings would be turned away and instructed to apply for asylum in the first “safe” country they arrived in. 

The revised Safe Third Country Agreement now applies to areas between official points of entry along the entire 6,416 km (3,987-mile) land border, and anyone who crosses into either country from anywhere along the border and applies for asylum within 14 days will be denied entry.

Starting from midnight on Saturday, the modified Safe Third Country Agreement will be in effect. Although there will be increased police presence near certain unofficial crossings, no significant increase in enforcement resources is expected at this time.

Most irregular asylum seekers enter Canada through Roxham Road, a narrow dirt path that connects New York State with Quebec. In January, almost 5,000 people crossed through Roxham Road, and in February, approximately 4,500 people did so, based on Canadian government data.

The National Democratic Party (NDP), a federal political party, condemns the agreement and declares it discriminatory. According to the opposition party, by putting the refugees’ lives at risk, the government is violating human rights.

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