The Secure Third Country Agreement (STCA) will extend across the border, as declared by U.S. President Joe Biden and then Canadian Prime Minister Justin Trudeau on March 24, 2023. They also issued a joint statement reaffirming their dedication to cooperative migration management. The statement recognized the need for a regional strategy focused on expanding legal channels and humanitarian border control, as well as the importance of addressing the fundamental economic and security factors that influence migration.

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In this regard, the declaration was made after years of discussions and stalled negotiations on irregular migration between Canada and the United States, whereby Canada agreed to allow an additional 15,000 migrants from the Western Hemisphere to apply (a significant move).

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How long has the Safe Third Country Agreement been in place?

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This Agreement between Canada and the United States was signed on December 5, 2002, has been in force since December 29, 2004 and mandates that any person claiming to be a refugee must apply for protection in the first safe nation they enter, unless they qualify for an exception. Under the Immigration and Refugee Protection Act, Canada has only designated the United States as a safe third country.

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What is the purpose of the Safe Third Country Agreement?

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The main objective is to assist the governments of Canada and the United States in managing the entry into their respective refugee systems of persons crossing the land border. Both nations can ensure that asylum claims are processed fairly and expeditiously while preserving the integrity of their asylum systems by implementing the Agreement.

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  Following the completion of the regulatory changes, an Additional Protocol to the STCA entered into force on March 25, 2023. Together with the original STCA, this revised document reflects an updated pact that aims to further enhance bilateral cooperation. This agreement will close a loophole that previously made it impossible for Canadian authorities to turn away asylum seekers crossing the border from the United States at points that are not recognized as ports of entry. In the short term, it is anticipated that the agreement will decrease this migration flow, however, some supporters have expressed concern that it may increase human trafficking through the use of risky tactics by migrants to gain access to Canada.

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What should they know about the Roxham Road crossing?

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This crossing between the United States and Canada has been closed since March 25, 2023, so people who used to enter through this route to seek refuge in Canada will no longer be able to do so. Before the change, immigrants who came to Canada were accepted and passed to the city of Montreal, then they had their trial in the province of Quebec and it was decided whether or not they could be called refugees in Canada to later apply for permanent residency. Last year alone this border crossing received more than 40,000 and the number was growing until the province collapsed.

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Where does the Safe Third Country Agreement come into effect?

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Today, both nations have remained strong allies in promoting the principles of the Los Angeles Declaration on Migration and Security. To address irregular migration, this Declaration underscores the importance of improving legal channels and humanitarian border management. The United States is the only designated safe third nation so far. As a result, in the following situations where refugees seek entry into Canada from the United States:

• At Canada-United States land border crossings.
• After crossing between ports of entry and submitting an application for refugee protection within 14 days of entry into Canada.
• By train or at airports, if the person has been denied refugee status in the United States and is in transit through Canada after deportation from the United States.

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Exceptions to the Agreement

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The Agreement includes prerogatives that take into account family unity, the best interests of the child and the public interest. These are:

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Exceptions to family members

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Asylum seekers are eligible for this category ifthey have a family member who:

• He is a Canadian citizen.
• He is a permanent resident of Canada.
• You are a protected person under Canadian immigration law.
• You have filed an application for refugee status in Canada which has been accepted by the Immigration and Refugee Board of Canada.
• His removal order has been suspended on humanitarian and compassionate grounds.
• Holds a valid Canadian work permit.
• Holds a valid Canadian study permit.
• You are over 18 years of age and have an application for refugee protection that has been referred to the Immigration and Refugee Board for determination. (This application must not have been withdrawn by the family member, declared abandoned or rejected by the Immigration and Refugee Board of Canada or declared inadmissible for referral to the IRB).

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Exceptions for unaccompanied minors:

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Asylum seekers are eligible for this category if they are under 18 years of age who:

• Are not accompanied by their mother, father or legal guardian.
• They do not have a spouse or domestic partner.
• They do not have a mother, father or legal guardian in Canada or the United States.

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Exceptions for document holders

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Refugee claimants are eligible for this category of exceptions if:

• Holds a valid Canadian visa (other than a transit visa).
• You have a valid work permit.
• You have a valid study permit.
• Holds a travel document (for permanent residents or refugees) or other valid admission document issued by Canada.
• While they are not required (they are exempt) to obtain a temporary resident visa to enter Canada, they do require a U.S.-issued visa to enter the United States.

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Exceptions in the public interest:‍

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Refugee claimants are eligible for this category if:

• They have been charged with or convicted of a crime that could impose the death penalty in the United States or a third country. 

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Refugee claimants must meet all other eligibility requirements under Canada's immigration laws, even if they qualify for one of these exceptions. If an applicant is declared inadmissible to Canada for security reasons, for violation of human or international rights or for serious crimes, he or she will not be eligible to apply for refugee status. 

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To learn more about the exceptions, visit theGovernment of Canada 's website. Also, review the IRCC website's information on the Safe Third Country Agreement.

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At Immiland Canada, we have consultants regulated by the IRCC, if you wish to consult your immigration case with our legal team, click here.

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With love,

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Immiland

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