Question Period Note: Proposed Changes to the U.S. Asylum System

The Government of the United States has announced a 30-day public consultation period, beginning on June 15, 2020, on proposed changes to the U.S. asylum system.

• Canada and the U.S. share a mutual interest in ensuring the orderly handling of asylum claims while protecting the safety and security of our citizens, and respecting the rights of those fleeing persecution.

• The U.S. Government has developed an extensive system for assessing refugee protection applications, and this remains subject to appropriate administrative and legal checks and balances. Any changes in policy or practice are considered in the context of the system as a whole.

• IRCC is monitoring and analyzing the implications of these developments, as part of its continuous review of the designation of the U.S. as a safe third country according to the factors set out in the Immigration and Refugee Protection Act.

• We will continue to monitor developments in the U.S. related to this issue and assess any implications for our immigration system.

• On June 10, 2020, the U.S. Government released details of proposed changes to the U.S. asylum system for a 30-day public consultation period beginning on June 15, 2020. It is unclear at this time when these changes would come into effect, and the proposals may be amended in response to comments received from the public.

• The proposal would make several wide-ranging changes to the U.S. asylum system and the processing of refugee claims. For example, among other changes, the proposals would:

o Create a new streamlined adjudication proceeding for claimants subject to expedited removal (such as claimants who seek to enter the U.S. between ports of entry or who make a claim at a port of entry) and who been found to have a credible fear of persecution or torture. Previously these claimants would enter normal removal proceedings, which is a lengthier process;
o Raise the burden of proof for certain credible fear screenings from ‘significant possibility’ that the individual can establish eligibility for withholding of removal to a “reasonable possibility” that the alien would be persecuted because of his or her race, religion, nationality or membership in a particular social group or political opinion. This higher threshold would apply to withholding or deferral of removal credible fear screenings for claimants expressing a fear of torture;
o Create new grounds for declaring an application as frivolous, and allows asylum officers to determine that some claims are frivolous. Previously only an Immigration Judge could make this finding;
o Allow some cases to be refused by an Immigration Judge without an in-person hearing;
o Define what is considered to be membership of a particular social group; and,
o Ban asylum for anyone who transited through another country between their country of citizenship and the U.S.

• Consistent with the Safe Third Country Agreement, the Minister of Immigration, Refugees and Citizenship is responsible, on behalf of the Government of Canada, to monitor circumstances in the U.S. on a continuing basis according to the factors set out in the Immigration and Refugee Protection Act. These factors include U.S. policies and practices with respect to claims under the Convention Relating to the Status of Refugees and obligations under the Convention Against Torture, and its human rights record.

• The Government of Canada uses a robust framework to monitor developments in the U.S. and the impact that changes in policies and practices may carry with respect to the integrity of the country’s refugee protection system. Immigration, Refugees, and Citizenship Canada draws from a variety of sources in conducting its review, including U.S. Government reporting, outcomes of court decisions, and views of the UNHCR and stakeholders in civil society.

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