Why Roxham and not elsewhere?

The Canada-US border stretches south about 4,000 miles (6,400 km). Is there a reason why almost all of the crossings, 99.2%, on Roxham Road are near Saint-Bernard-de-Lacolle?

This is for geographical reasons. The migrant flow is concentrated in the eastern United States, and if migrants want to enter Canada, they will naturally head towards the eastern provinces. And since most of the United States-Ontario border is the Great Lakes, and the Maine-New Brunswick link is a long way from major centers, Quebec remains.

“It’s the simplest and easiest way for people who want access to Canadian territory to seek asylum in the United States,” says Stéphane Handfield, immigration attorney.

There are also administrative considerations. Knowing that it must accommodate many migrants, Canada has an interest in concentrating their entry into the same place to better control the flow and monitor intake.

About 20% of asylum seekers arriving this way have been transferred to Ontario in recent months. From June 30 to October 6 there were 2,191 transfers to Niagara Falls, Cornwall and Ottawa out of a total of 10,529 arrivals intercepted at Roxham Road.

What is the Safe Third Country Agreement?

This agreement was signed in 2004 between Canada and the United States. It sets the rules for asylum applications in both countries.

People fleeing their country and seeking safety and protection abroad must submit their application in the first safe country they arrive in, either Canada or the United States. The aim is to avoid duplicate requests.

A person who has applied for asylum in the United States will be rejected at the Canadian border crossing if they wish to enter Canada. And vice versa.

But there is a way to circumvent this rule. “People realized that if they applied anywhere other than a checkpoint, their application could be considered admissible,” explains Dr.^e Stephane Handfeld.

“Once they enter the country, we cannot legally deport them to the United States,” adds Stephan Reichhold of the Roundtable of Organizations Serving Refugees and Immigrants.

And so a very bizarre situation arose where the Canadian government is actually operating a parallel system that circumvents the rules of their official system.

However, Catherine Xhardez, public policy expert on immigration and federalism, believes the system has advantages: “People who cross the border are arrested. You apply for asylum. You cannot be turned away, but you are trapped in the system. We know where they are, where they are going, they are making genuine asylum claims. According to the latest figures, the acceptance rates are not much less favorable than for asylum seekers at the regular border. »

Should this agreement be renegotiated?

The Safe Third Country Agreement has been renegotiated for years. On October 27, Foreign Minister Mélanie Joly reiterated that “negotiations are taking place and will continue”.

However, Catherine Xhardez comes with a downside. “It’s a power struggle,” she said. If it’s very important to us and very well publicized, on the United States side, it’s something that I don’t think concerns them as much. »

Also, she adds, when comparing Canada to other countries, “these aren’t really very big numbers.” In the United States, for example, 2.76 million migrants crossed the country’s southern border between 2021 and 2022.

Who pays the bill?

Quebec covers all costs related to receiving asylum seekers. He then demands reimbursement from the federal government based on the number of migrants admitted during the year. But these asylum seekers are putting pressure on housing, health and education networks, and community organizations.

can they work

Yes, if they have a work permit. But to apply for it, they must first have the Asylum Seeker Document (DDA) issued by a Canada Border Patrol officer. Before the pandemic, it took less than 24 hours. Now the delay is often several months.

So the thousands of asylum seekers awaiting their DDA are unable to work and have to resort to welfare.

However, on November 16, Immigration Canada took a new approach to expedite the processing of work permits issued to asylum seekers.

What happens to asylum seekers?

The Border Services Agency forwards valid applications to the Immigration and Refugee Board. Just over half of the requests are accepted. From January to June, 13,894 of a total of 23,763 applications were accepted.

The main countries of origin are India, Mexico, Haiti and Colombia.

“If the application is approved, the person can apply for permanent residence,” explains Mr. Reichhold. If it is rejected, it depends on the country of origin. For example, there is a moratorium for Haiti and Afghanistan. So these people stay here without status. They can work, but they are entitled to almost nothing. »

The others basically have to leave the country. You can also appeal the decision. Or stay in Canada even if their situation is not normal. These are the people who make up the bulk of the roughly 500,000 undocumented immigrants whose status the federal government plans to regularize.