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

Canada is experiencing an increase in volumes of asylum seekers crossing from the U.S. into Canada between ports of entry. This follows the removal on November 21, 2021 of temporary measures restricting asylum claims from foreign nationals seeking entry from the U.S. between designated land ports of entry.

PROPOSED RESPONSE:
• Canada remains firmly committed to upholding a fair and compassionate refugee protection system and to aiding those genuinely in need of help and protection. We must also make sure that all laws are followed, including to protect the safety, security and health of Canadians.
• 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.
• 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.
• While asylum claim volumes are difficult to predict and depend on many factors, IRCC continues to work with the CBSA, along with the provinces and territories to respond to claim volumes.
If pressed on budget
• Budget 2022 earmarked $1.3 billion over the next 5 years and $331 million ongoing for Canada’s asylum system.
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.

BACKGROUND:
Removing the prohibition to enter Canada for the purposes of making an asylum claim from the U.S.
• In response to the global COVID-19 pandemic, Canada put in place measures to temporarily restrict asylum claimants crossing between designated 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 were already inside Canada and by people who arrived at designated ports of entry and met an exception to the Safe Third Country Agreement.
• Asylum claimants who attempted to enter between designated land ports of entry were temporarily directed back to the U.S.
• In August 2021, Canada started to reach out to asylum claimants who had been directed back to confirm their intent to return to Canada to pursue their claim. The objective was to allow for a phased return of these claimants, prioritizing those who have been fully vaccinated.
• Asylum claimants are a vulnerable group, and Canada has international obligations under the Refugee Convention that do not apply to other cohorts of travellers.
• On November 21, 2021, the prohibition on entering Canada from the U.S. between designated land ports of entry for the purposes of making an asylum claim came to an end.
• The asylum prohibition was always intended to be temporary, and measures, such as testing on entry and providing temporary accommodations and basic necessities of life (e.g. meals and basic health services) at an IRCC quarantine facility for those who do not have a suitable quarantine plan, are in place to help alleviate any public health risks posed by unvaccinated claimants.
• Since November 29, 2021, Public Health Agency of Canada (PHAC) requires that all asylum claimants, whether vaccinated or unvaccinated, arriving between designated ports of entry are subject to mandatory COVID-19 testing upon arrival.
COVID testing and Quarantine plan
• Measures are in place at the border, including testing and quarantine, to mitigate the risks to public health posed by asylum claimants. Continuing to accept claimants in accordance with the existing in-Canada refugee determination system shows that Canada is committed to upholding a fair and compassionate refugee protection system and to aiding those genuinely in need of help and protection.
• Claimants will remain subject to public health measures in place, in consideration of their vaccination status.
• Unvaccinated asylum claimants entering Canada from the U.S. between ports of entry are subject to testing upon arrival and are required to complete a 14-day quarantine period. As of November 29, 2021, fully vaccinated asylum claimants entering between ports of entry are also subject to testing upon arrival and are required to remain in quarantine until a negative test result is received. Claimants who receive a positive test result or who display symptoms of COVID-19 are required to complete a 10-day isolation period, regardless of vaccination status.
Asylum Claim Volumes
• Asylum claim volumes are difficult to predict and depend on many factors. Contingency plans have been implemented to handle high volumes of asylum claimants crossing at ports or between ports of entry (irregular claims).
• Since the end of the direct back arrangement with the U.S. on November 21, 2021, IRCC has rapidly expanded its accommodations and support services capacity in the province of Quebec in order to keep up with the increased volumes of asylum claimants arriving between designated ports of entry near Lacolle, Quebec.
• 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.

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