US Changes Rules for Asylum Seekers at Canadian Border

The U.S. Customs and Border Protection in Washington on Aug. 12, 2024. (Madalina Vasiliu/The Epoch Times)

The U.S. government has implemented changes for asylum seekers at its border with Canada amid an increase in illegal crossings.

The new rules put in place by the Department of Homeland Security (DHS) include reducing the time claimants have to consult a lawyer from 24 hours to four hours.

“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,” the department told The Epoch Times in a statement.

Border agents screening the asylum seekers will only have to consider the documents they have with them at the time. Previous rules allowed for migrants to delay screening to obtain their documents.

DHS said a “lack of documentation alone does not preclude noncitizens from establishing that they qualify for an exception” to the Safe Third Country Agreement.

Under rules of the Safe Third Country Agreement, most asylum seekers must file their claim in the first country they arrive in.

There are a number of exceptions, including for family members, unaccompanied minors, or those who hold a valid work or student permit.

Immigration, Refugees and Citizenship Canada spokesperson Matthew Krupovich told The Epoch Times the changes do not impact the terms of the agreement nor exemption or exception rules.

“If the U.S. determines that individuals do not meet an exemption or exception to the STCA they will be returned to Canada to pursue their asylum claim,” he said.

Ottawa and Washington agreed last year to modify the agreement, in force since 2004, to expand it across the land border. The change led to the closure of the illegal entry point into Canada via Roxham Road, a route connecting New York and Quebec.

The federal government had been under pressure to act on the crossing, which saw a regular influx of migrants. The deal came about during U.S. President Joe Biden’s first visit to Canada in March 2023.

Data from the U.S. Customs and Border protection show the number of individuals apprehended and deemed inadmissible at the northern land border has increased since then. Each month of 2024 has recorded higher levels than in 2023 when the final tally came in at 174,698. This year, the number sits at 144,969 with three months left until the end of the fiscal year.

U.S. Border Patrol data on encounters at the northern border. (U.S. Border Patrol/Screenshot via The Epoch Times)

Policy Changes

Ottawa reversed its policy of visa-free travel for Mexican nationals earlier this year, which was causing concerns for Washington.

The policy had led to a surge of asylum claims in Canada, most of which were being rejected or withdrawn, Immigration Minister Marc Miller said at the time.

“[The numbers] are nothing compared to what the U.S. is facing with respect to their southern border—in fact, they are probably rounding errors. But they are significant and they’ve increased dramatically in the last year or two,” he said regarding migrants using Canada as a springboard to get to the U.S.

The move by DHS at the Canadian border follows a proclamation by Biden in June to deal with the flow of migrants at the border with Mexico, barring those who enter illegally from receiving asylum.

The measure is said to be in effect “when the Southern border is overwhelmed” and will be discontinued when the migrant flow is low enough for effective management of border operations, the White House said in a statement.

The issue of illegal immigration at the U.S. southern border has been a key focus of criticism by the Republicans and their presidential nominee Donald Trump.

Concerns about the northern border have also been expressed recently, with a group of Republican Senators writing a letter to Homeland Security Secretary Alejandro Mayorkas.

“The possibility of terrorists crossing the U.S.-Canada border is deeply concerning given the deep penetration of Gazan society by Hamas,” said Sen. Marco Rubio and others in a July 24 letter.

The letter was in response to Ottawa’s decision to increase the granting of temporary resident visas to Gazans, amid the Israeli military operation in the Gaza strip to root out terrorist group Hamas.

A spokesperson for Miller’s office rejected concerns raised by the senators, saying individuals admitted to Canada need to be admissible and undergo a screening process.

“Let us be clear: the safety of Canadians is paramount,” the spokesperson told The Epoch Times.

Chandra Philip and The Canadian Press contributed to this report.