Is Roxham Road closed? Yes, but…

Although Roxham Road has been officially closed for a month, asylum seekers continue to try their luck. In all, 264 people have been intercepted between official entry points in Quebec since March 25, according to the most recent data from the Canada Border Services Agency (CBSA).

Obviously, this is much less than before the expansion of the Safe Third Country Agreement, when we recorded more than 100 entries per day at Roxham Road.

And above all, 185 of these people were returned to the United States because they did not meet the exception criteria provided for in the agreement. But 78 others were deemed eligible to continue their application, or 30%. Only one person withdrew their application and voluntarily returned to the United States.

What does the new agreement say?

On March 24, Prime Minister Justin Trudeau and US President Joe Biden announced the signing of an “Additional Protocol” to the Safe Third Country Agreement. This protocol extends the application of the agreement to the entire land border and to the inland waterways.

Remember that the Safe Third Country Agreement requires migrants to apply for asylum in the first safe country they set foot in: the United States or Canada. Prior to its expansion, this agreement did not apply to people crossing the border between customs posts, hence the success of the Roxham Road.

Today, migrants entering through official or irregular routes are stopped and returned to the United States unless they qualify under the new agreement or meet the criteria for an exception (for example: a family member is a Canadian citizen or resident, or the person seeking protection is an unaccompanied minor).

“When people crossing between ports of entry are intercepted by the RCMP or local police, they are taken to a designated port of entry,” said CBSA spokesperson Guillaume Bérubé. That is to say to the Lacolle facilities, from where they will be sent back to the United States if they are not admissible.

What happens to people who cross the border without getting caught by the police?

It depends. If they are arrested within 14 days of entering the country, they are sent back to the United States. But if they manage to wait 14 days before making a refugee claim, they are exempt from the new provisions of the safe third country agreement.

The regulatory change is clear: the new agreement applies to refugee claimants seeking entry between ports of entry if they make a refugee claim “within 13 days of entering Canada.”

Will Canada be able to turn back these irregular entries?

It won’t be easy. On the one hand, if the migrants manage not to be detected for 14 days, they will be able to apply for asylum.

But even if they are identified earlier, it is the RCMP who will have the burden of proof and who will have to demonstrate that these people crossed the border between customs posts without being intercepted in Canada for less than 14 days.

“In my opinion, these 14 days are a message of false hope”, explains Mr.^e Stéphane Handfield, immigration lawyer.

“What this sends as a message to asylum seekers on the American side is: now cross the border illegally, without getting caught by the police. Stay hidden for 13 days and the 14^e day, raise your hand and make your refugee claim and the Agreement will not apply to you. It’s in the protocol. »

In other words, migrants have devious means to obtain asylum in Canada and avoid being turned back, but this entails great risks: first the passage through unsecured channels where the smugglers will be more active, then the obligation to evade the authorities for two weeks which forces them into hiding.

M^e Stéphanie Valois, president of the Quebec Association of Immigration Lawyers, expects to receive applications shortly. “I haven’t had the ’14 days’ yet, but I’m waiting for it”, she illustrates.

How many asylum seekers will be able to apply in 2023?

We do not know, but this number will most certainly be lower than that of 2022, when nearly 40,000 people entered via Roxham Road out of a total of 91,870 asylum seekers.

However, this reduction in irregular entries will be partly offset by another form of reception. The Government of Canada has committed to welcoming 15,000 more asylum seekers this year, as part of the renegotiation of the Safe Third Country Agreement.

These potential refugees will be “displaced persons from the Americas, including Haitians,” said Jeremy Bellefeuille, director of communications for the Minister of Immigration, Refugees and Citizenship of Canada, Sean Fraser.

On what basis will these 15,000 asylum seekers be chosen?

The Immigration Department is unable to provide details, saying it is still determining how these people will be accepted.

“This will promote safe and orderly migration as an alternative to the often dangerous irregular access routes, including pressure points like the Darién Gap region between Colombia and Panama,” explains Jeremy Bellefeuille.

How much will the implementation of the new agreement cost?

The answer lies in Canada Gazette : 61.5 million over 10 years. “These costs reflect transition costs, initial capital costs and ongoing processing, operating and enforcement costs for the Government of Canada,” it says.

These include the purchase of vehicles, the cost of acquiring and installing office equipment, and renovation costs to create additional processing spaces such as interview rooms.

“Additional resources will be required for tasks such as admissibility determination, investigations, intelligence, examinations, infrastructure monitoring, litigation and vehicle maintenance,” it said.

Do these modifications carry any risks?

Yes of course. This will push asylum seekers to take more dangerous routes to get to Canada. The government acknowledges that it could also “increase the risks of human trafficking and sexual violence, which often disproportionately target migrant women and girls, as well as LGBTQI people.”

“In these cases, asylum seekers may be [exposés] to increased dangers, such as the use of people smugglers, and risk being victims of physical, mental or financial violence.