Question Period Note: ASYLUM SEEKERS AT THE CANADA-U.S. BORDER

Canada is experiencing a continued increase in the volume of asylum seekers crossing from the U.S. into Canada between ports of entry.

• Canada remains firmly committed to upholding a fair and compassionate refugee protection system and to aiding those genuinely in need of protection. We must also ensure that all laws are followed, to protect the safety, security and health of Canadians.

• Asylum claim volumes are difficult to predict and depend on many factors. IRCC continues to work with the CBSA, along with the affected provinces and municipalities, to respond to claim volumes.

• We are taking a collaborative, whole-of government approach to addressing asylum claimants entering Canada.

• IRCC and CBSA are implementing innovative measures to streamline and process claims that are in the inventory as quickly as possible.

• Budget 2022 earmarked $1.3 billion over the next 5 years and $331 million ongoing for Canada’s asylum system. Using these resources, IRCC continues to work with its partners to improve the stability and integrity of Canada’s asylum system.

If pressed on backlogs and work permits:

• On November 16, we implemented a temporary public policy to provide asylum claimants with timely access to open work permits, which will allow them to enter Canada’s labour market sooner and provide for themselves while they await a decision on their asylum claim.

• Under this public policy, claimants may receive a work permit within one to three months, depending on how soon they submit their claim information, undergo a medical exam, and are determined eligible. Once these steps are completed, the work permit will be issued in a matter of days.

• Providing asylum claimants with earlier access to a work permit will allow them to access employment opportunities, in turn reducing their dependence on provincial and territorial social assistance and the shelter system.

• IRCC and CBSA are also working together to streamline and process claims that are in the inventory as quickly as possible.

• Over recent years, we have made great strides in processing more applications virtually, streamlining our processes and increasing flexibility to respond to the current circumstances.

• We will continue to work with our partners to test innovative approaches to streamline procedures and reduce overall processing times.

If pressed on interim housing:

• The Government of Canada is working collaboratively with its provincial and municipal partners to help alleviate the pressures they are facing with respect to providing temporary housing for asylum claimants.

• Through the Interim Housing Assistance Program (IHAP), the federal government provides funding to provincial and municipal governments, on a cost-sharing basis, to address extraordinary interim housing pressures resulting from increased volumes of asylum claimants since 2017.

• In addition to IHAP, since April 2020, IRCC has been providing limited temporary accommodations to asylum seekers, including to help address previous quarantine requirements.

If pressed on the lifting of COVID-related restrictions on asylum claimants:

• Canada removed the temporary measures restricting asylum claims from foreign nationals seeking entry from the U.S. between designated land ports of entry on November 21, 2021.

• These restrictions were always meant to be temporary, and were based on public health grounds that no longer exist.

• On October 1, 2022, Canada removed all COVID-19 border and travel restrictions.

If pressed on STCA:

• Per the Safe Third Country Agreement, individuals should continue to seek asylum in the first safe country they enter after fleeing persecution.

• Canada and the U.S. closely cooperate on a range of issues related to border management, including the STCA. Canada will continue to work with the U.S. so that the STCA can continue to be a compassionate and fair way to handle asylum claims between our two countries.

If pressed on STCA litigation:
• The legislative framework for the STCA was upheld by the Federal Court of Appeal in April 2021 and it continues to apply at the Canada-U.S. border. As the question is before the Supreme Court, no further comments will be provided at this time.

Asylum claim volumes

• Since 2017, Canada has received significant volumes of asylum seekers, with over 64k claims received in 2019 (which was the last year with no travel restrictions). This included almost 20,000 asylum seekers who crossed into Canada between ports of entry from the U.S. While numbers declined during the pandemic due to border restrictions, Canada’s asylum system has been under considerable pressure due to these high volumes.

• Since travel restrictions eased in late 2021, there has been a renewed surge in claims, with volumes that surpass pre-COVID levels (over 62k claims received between January-September 2022). The higher volumes have come from both ‘regular’ arrivals (e.g., claims made at the airport or inland), and by ‘irregular’ arrivals (asylum seekers who crossed into Canada from the U.S. between ports of entry).

• The Government has responded to these higher volumes by increasing operational capacity at the border; introducing new processing innovations within the asylum system; investing in temporary housing supports; and dedicating new funding to increase the capacity of the asylum system.

• IRCC continues to work with other federal departments and provincial and municipal partners to maintain operational plans and respond to the high numbers of irregular arrivals (primarily at Roxham Road).

Budget 2022 investments

• Budget 2022 earmarked $1.3 billion over five years and $331.2 million ongoing for IRCC, CBSA, and the IRB, to support long-term stability and integrity of Canada’s asylum system.

• This funding is being used towards increasing the baseline capacity to process asylum claims (from 26,000 cases per year to 50,000). However, 2022 asylum claim volumes are already on track to significantly exceed this baseline.

Eligibility backlog

• High volumes and processing capacity limitations have led to a backlog of asylum claim eligibility determinations, which has an impact on the timely issuance of work permits.

• Under the Immigration and Refugee Protection Regulations, asylum claimants are unable to be issued a work permit until and unless their claim has been referred to the Refugee Protection Division of the Immigration and Refugee Board (IRB).

• The Department is working in collaboration with the CBSA to urgently respond to this issue, including reviewing and streamlining procedures, reallocating resources to regions with higher claim volumes and assisting CBSA with its’ caseload through a workshare agreement with the aim of reducing overall processing times.

• On November 16, 2022, a temporary public policy was implemented, which allows claimants to be issued a work permit prior to the referral of their claims to the IRB. To be eligible, claimants must complete the necessary application, biometrics, and medical examination. These measures are expected to significantly accelerate work permit issuance for claimants, which could be issued in a matter of days once the other steps have been completed.

Interim housing for asylum claimants

Interim Housing Assistance Program

• IHAP was created in March 2019 to cost-share with provinces (and, if necessary, municipalities) the interim housing costs incurred for asylum claimants in 2017 through 2019. The primary objective was to provide temporary assistance to allow provinces to adjust to new asylum pressures, and to increase interim housing capacity, reducing the risk of homelessness for asylum claimants.

• Eligible expenditures under IHAP include: temporary accommodations, triage and transportation operations, and other indirect costs related to the provision of interim housing for asylum claimants.

• The program was renewed for a second time in FY2022-23 and the Department’s 2022-23 Main Estimates included $173M in re-profiled funding to reimburse costs incurred by jurisdictions for calendar years 2021 and 2022.

• Through IHAP, the Government of Canada has provided provinces and municipalities with $534.5 million, including $374 million to Quebec, to alleviate asylum-related housing pressures from 2017 to 2020. This funding enables provinces and municipalities to deliver effective interim housing solutions for all asylum claimants – not just irregular migrants intercepted at Roxham Road.

Temporary accommodations

• In addition to providing support through IHAP, since the start of the pandemic, IRCC has increased its temporary accommodations support for asylum seekers, through the provision of federally funded hotels in Quebec and Ontario.

• These hotels were initially provided so asylum claimants could carry out their quarantine requirements before being transferred to provincial or municipal shelters or finding more long-term accommodations. In these hotels, IRCC provided temporary accommodation and the basic necessities of life (e.g., meals and basic health services) to unvaccinated, asymptomatic asylum claimants without a suitable quarantine plan.

• Following Ministerial commitments, to backstop Quebec shelter capacity for asylum claimants after the lifting of border restrictions in November 2021 given the volumes, IRCC also took in vaccinated claimants as well as kept claimants whose quarantine period had ended, as needed.

• On October 1, 2022, the Government of Canada lifted all COVID-19 border restrictions, which means that all travellers arriving in Canada, on or after October 1, no longer have to be vaccinated against COVID-19 to enter Canada or meet COVID-19 testing, quarantine or isolation requirements.

• Since the lifting of quarantine requirements on October 1, the hotels have continued to provide asylum seekers arriving at Roxham Road or at the Montreal airport with temporary shelter while they await a bed in the provincial shelter or find permanent accommodations.

• The Department continues to engage regularly with officials from Quebec, Ontario and British Columbia, as the provinces most directly affected by a surge in asylum claims. The focus of this engagement has been on sharing information, ensuring operational readiness and addressing issues as they arise.

STCA

• Since its implementation in 2004, the Canada-U.S. Safe Third Country Agreement has been an important tool for both countries to work together to ensure the orderly processing of asylum claims at our shared border.

• While media coverage and statements by the Prime Minister, Minister Mendicino and Minister Fraser have publicly confirmed that work with the U.S. is underway, no further details can be shared publicly due to the sensitive nature of the discussions.

• With regard to the Court challenge, the legislative framework for the STCA was upheld by the Federal Court of Appeal in April 2021. A Supreme Court of Canada challenge is now underway, with the hearing recently held on October 6, 2022. The STCA remains in effect while the appeal is ongoing.

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