Canada’s Immigration Minister Eyes Asylum System Reforms to Prevent Abuse

OTTAWA — Canada’s Immigration Minister, Marc Miller, has announced plans to reform the country’s asylum system to address concerns over the exploitation of the Safe Third Country Agreement (STCA). Miller aims to introduce measures to swiftly address asylum claims that appear illegitimate, ensuring that individuals cannot exploit the system to gain entry into Canada.

Under the Safe Third Country Agreement, Canada and the United States are allowed to turn away asylum seekers who cross from one country into the other at unofficial points of entry, provided they do so within 14 days. The agreement was updated in early 2023 to include this new 14-day rule, which was not previously in place.

However, immigration lawyers and refugee advocates have raised concerns that the rule is pushing people to take more dangerous routes, relying on human smugglers and hiding until the two-week period has passed. They argue that this change has made the process riskier for vulnerable individuals.

Miller, speaking to the National Post in a year-end interview, emphasized that while he believes the Safe Third Country Agreement is functioning well, he is considering reforms to prevent it from being “gamed” by those attempting to take advantage of loopholes. He stated, “There are options available to reform the asylum system, and that is something we will explore in the coming weeks.”

The Minister refrained from commenting on whether the 14-day rule itself would be expanded or removed, as called for by the Bloc Québécois. Instead, he focused on measures that would ensure individuals attempting to abuse the system are swiftly returned to their country of origin, in line with existing agreements between Canada and the U.S.

Maureen Silcoff, a Toronto-based immigration lawyer, argued that eliminating the 14-day rule could backfire. She explained that the rule serves as an important incentive for asylum seekers to come forward, rather than remaining underground. Removing it could discourage individuals from presenting their claims altogether.

The discussion around asylum system reforms is part of broader challenges faced by the Trudeau government regarding immigration. After a surge in immigration numbers, Prime Minister Justin Trudeau announced a reduction in permanent immigration levels by 20% due to labor shortages and housing affordability concerns. The pressure on the government increased following the election of U.S. President-elect Donald Trump, who has pledged to deport millions and criticized the flow of illegal crossings into the U.S., including from Canada.

In response, Miller acknowledged the U.S. concerns but pointed out that the number of people crossing from Canada is minimal compared to the volumes coming from Mexico. He emphasized that the issue is part of a broader, toxic debate in U.S. border policy.

Additionally, recent changes, such as reinstating visa requirements for Mexican nationals in February 2024, have helped reduce the number of asylum seekers, particularly in Quebec.

Miller also highlighted the government’s focus on speeding up the processing of asylum claims. Currently, the Immigration and Refugee Board (IRB) struggles with a backlog of around 260,000 claims, many of which involve individuals on student visas or others with limited chances of remaining in the country. The government is exploring ways to clear this backlog, potentially by streamlining claims from countries with high acceptance rates or by creating new programs for specific groups, including skilled refugees.

As the government looks to reform the asylum process, Miller stressed that Canada must stay ahead of actors attempting to exploit the system, ensuring that the country remains a welcoming place for legitimate refugees while protecting its borders from abuse.