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

On November 21, 2021, the prohibition on entering Canada between designated land ports of entry from the U.S. for the purposes of making a claim for refugee protection ended. In response to the global COVID-19 pandemic and in order to protect the health and safety of Canadians, the prohibition has been in place since March 2020.

• Given the increase in vaccination rates and the reduction in COVID-19 cases in Canada, the public health rationale underpinning the prohibition on asylum claimants arriving between ports of entry has diminished.

• As such, Canada has removed the temporary measures restricting asylum claims from foreign nationals seeking entry from the U.S. between designated land ports of entry.

• Throughout the pandemic, Canada continued to accept asylum claims made by people who are already inside Canada and by people who arrived at designated ports of entry and who met an exception to the Safe Third Country Agreement.

• As per the Safe Third Country Agreement (STCA), individuals should continue to seek asylum in the first safe country they enter after fleeing persecution.

• In response to the global COVID-19 pandemic, Canada put in place measures to temporarily restrict asylum claimants crossing between land Ports of Entry. These measures were put in place from March 2020 until November 21, 2021.

• Throughout this period, Canada continued to accept asylum claims made by people who are already inside Canada and by people who arrived at designated ports of entry and who met an exception to the Safe Third Country Agreement.

• Asylum claimants who attempted to enter between official land ports of entry were temporarily directed back to the U.S.

• In August 2021, Canada started to reach out to asylum claimants who were directed back to confirm their intent to return to Canada to pursue their claim. The intent was to allow for a phased return of these claimants, prioritizing those who have been fully vaccinated.

• Given the increase in vaccination rates and the reduction in COVID-19 cases in Canada, the public health rationale underpinning the prohibition on asylum claimants arriving between ports of entry has diminished.

• Asylum claimants are a vulnerable group, and Canada has international obligations under the Refugee Convention that do not apply to other cohorts of travellers.

• The asylum prohibition was always intended to be temporary, and existing measures, such as testing unvaccinated claimants on entry and providing them with IRCC quarantine facilities for those who do not have a suitable quarantine plan, are in place to help alleviate any public health risks posed by unvaccinated claimants.

• Claimants will remain subject to public health measures in place, in consideration of their vaccination status. Those displaying symptoms of COVID-19 will be subject to measures set by the Public Health Agency of Canada.

• Asylum claim volumes are difficult to predict and can depend on many factors. Contingency plans are in place to be able to handle processing volumes should there be an increase in asylum claimants crossing at ports or between ports now that these measures have been lifted.

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