Question Period Note: TEMPORARY MEASURES FOR RETURNING ASYLUM SEEKERS TO THE UNITED STATES DURING THE COVID-19 PANDEMIC

In response to the global COVID-19 pandemic and in order to protect the health and safety of Canadians, the Government has agreed to reciprocal measures with the United States, to temporarily restrict the intake of asylum claimants at the land border.

• Canada takes its international obligations seriously and is operating within its legal framework to help prevent the spread of COVID-19.

• To protect the health and safety of Canadians, we extended a reciprocal and temporary measure with the U.S. to restrict entry into Canada for the purpose of claiming asylum until December 21.

• This means that generally asylum claimants entering Canada from the U.S. between official land ports of entry will continue to be directed back.

• Individuals who are directed back will generally have the opportunity to return to make a claim, once the border measures no longer apply.

• For claims made at a land port of entry, the Safe Third Country Agreement (STCA) will be applied.
If pressed:
• Canada takes its international obligations seriously and is operating within its legal framework, and in recognition that the U.S. has been designated as a safe third country. This is an unprecedented situation and we must take extraordinary measures to protect the health and safety of Canadians.

• On March 21, Canada and the U.S. agreed to return foreign nationals arriving at their respective borders and seeking asylum, for a period of 30 days.

• Canada and the U.S. have been in discussion and agreed that the spread of COVID-19 is not yet under control and border measures continue to be necessary. Therefore, the agreement was extended and the supporting Order in Council went into force until December 21.

• This means that generally asylum claimants entering Canada from the U.S. outside of official land ports of entry will continue to be directed back. Individuals who are directed back will generally have the opportunity to return to make a claim once the border measures no longer apply.

• Exceptions from the prohibition on entering Canada to make an asylum claim have been put in place for:
o U.S. citizens or stateless habitual residents of the U.S.; and
o Unaccompanied minors with no parents in the U.S.

• The Order also creates the authority for the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to exempt claimants who would otherwise be prohibited from entering Canada for the purpose of making a claim for refugee protection if it is in the national or public interest.

• For claims made at a land port of entry, the Safe Third Country Agreement (STCA) and its existing exceptions will be applied. This means that only those who meet an exception are permitted to enter Canada to make an asylum claim:
o Claimants with a family member in Canada
o Unaccompanied minors
o Persons who hold a valid travel document issued by Canada
o Persons who are from a visa-exempt country for Canada but require a visa to enter the U.S.
o Cases in the public interest, e.g. death penalty

• Any refugee claimant who qualifies for a specific and limited exception to the Order in Council or STCA must follow the legal requirements to isolate and quarantine, as with all travelers to Canada.

Implications of Mandatory Isolation Order

• As a result of the Order in Council on mandatory isolation, asylum claimants who are permitted to enter Canada are required to meet 14 day quarantine or self-isolation requirements. The Order in Council was extended and is now valid until November 30.

• The Federal Government is assuming responsibility for transportation and accommodation requirements for symptomatic and asymptomatic claimants who do not have the means to self-isolate or quarantine.

• Those that are allowed to enter Canada to make an asylum claim based on a Safe Third Country Agreement exception, generally do so on the basis of a family member already in Canada. As a result, many will have a place to stay.

• Any symptomatic or COVID-positive individuals unable to isolate themselves are managed by the Public Health Agency of Canada. With respect to asymptomatic claimants, IRCC is facilitating the quarantine of those who do not have an appropriate place to stay. Contracts with service providers, including for security and transportation, have been put in place near six key ports of entry.

• Following the end of the quarantine period, asylum claimants can continue on to their own accommodations, or they could potentially move to provincial/municipal shelters if they do not have a place to go.

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