Question Period Note: Responding To Current Asylum Volumes + STCA

Canada is experiencing shifting trends in asylum claims, with overall volumes decreasing. The Government continues to monitor these developments, including the impact of the expanded Safe Third Country Agreement with the United States, while ensuring protection for those in need.

• The Government is committed to rebuilding Canadians’ trust in the immigration and refugee protection system.

• We’re making our borders stronger and making sure the system is more resilient and responsive to emerging pressures.

• These efforts are working — 63% fewer people submitted an asylum claim in the first four months of 2026 compared to the same period in 2024.

• Our message is clear and effective: Canada’s asylum system is not a shortcut to permanent immigration.

If pressed:
• Increased scrutiny of temporary resident visa (TRV) applications is one of several factors that have led to a 84% drop in asylum claims from TRV holders in April 2026 compared to April 2024.

If pressed on C-12:
• While it’s still too early to assess trends, we can confirm that since the Strengthening Canada’s Immigration System and Borders Act received royal assent, there has been an increase in asylum claims that have been found ineligible.

If pressed on border surges:

• Canada hasn’t experienced any significant surges of northbound migration to date.
• The only notable spikes in land border claims last year were relatively small and largely limited to the port of entry in Lacolle, Quebec.
• These were effectively managed by Canadian border and immigration authorities.

Asylum Claims at the Canada-U.S. border
• Asylum claims at the land border saw a notable peak in July 2025. This was largely due to Haitian nationals making claims at the Lacolle Port of Entry (POE) in Quebec who have family ties in Canada. Though individual drivers to migration vary, the timing aligns with the U.S. administration’s decisions to terminate select temporary protection status programs in the U.S., as well as seasonal changes following the end of school year and increased travel.
• Through the investments made under 2025 Canada’s Border Plan, law enforcement officials have been better able to respond to irregular migration from the U.S. to Canada. RCMP and CBSA continue to work closely with U.S. counterparts to detect, investigate and disrupt cross-border smuggling ventures, as well as monitor volumes of irregular migration in both directions.
• IRCC continues to work with CBSA and the RCMP to monitor claim volumes at the land border and support their operational contingency planning and work with other levels of governments to respond to any future increases.
Safe Third Country Agreement (STCA)
• In effect since 2004, the STCA is a mutually beneficial bilateral Agreement that enables Canada and the United States to collaborate on the orderly management of asylum claims made along the shared border.
• It also serves to strengthen public confidence in the integrity of our refugee systems, help reduce abuse of the asylum systems of both countries, and share responsibility for providing protection to refugees.
• The STCA requires that asylum claimants seek protection in the first country they enter, either in Canada or in the U.S, unless they qualify for an exception or exemption to the Agreement.
• Exceptions include:
o Family member exception (N.B. they must be over 18 and legally in Canada)
o Unaccompanied minor exception
o Document holder exception (e.g. visa holders)
o Public interest exception (e.g. Canada uses it for individuals subject to the death penalty)
• In March 2023, Canada and the U.S. expanded the application of the STCA to those who cross along the entire Canada-U.S. land border (incl. internal waterways); prior to that it only applied to claims made at official land POEs.
• Since then, the requirements to meet the exceptions or exemptions of the Agreement apply not only to individuals who make a claim at a land POE, but also to those who make a refugee claim within 14 days of crossing between ports of entry (i.e. irregularly). This led to a reduction of over 75% in irregular claims in Canada, compared to 2023 to 2024.
Designation of the U.S. as a safe third country under IRPA
• Section 102(1) of IRPA permits the designation of safe third countries for the purpose of sharing the responsibility for refugee claims. The U.S. is the only country designated under IRPA.
• As per its obligation under section 102(3) of the IRPA, Canada continuously monitors developments in the U.S. and the impact that changes in policies and practices may have with respect to the factors that must be considered in designating a third country as listed in s.102(2):
o whether the country is a party to the Refugee Convention and to the Convention Against Torture;
o its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;
o its human rights record; and
o whether it is party to an agreement with the Government of Canada for the purpose of sharing responsibility with respect to claims for refugee protection.
• IRCC uses a robust framework to monitor developments in the U.S. and the impact that changes in policies and practices may have with respect to the integrity of the U.S.’ refugee protection system.

Key STCA Litigation
• In June 2023, the Supreme Court of Canada (SCC) ruled that the designation of the U.S. as a safe third country (s. 159.3 of the Immigration and Refugee Protection Regulations (IRPR)) complies with s. 7 of the Charter.
• However, the SCC concluded that it was not well placed to make the factual findings necessary to assess whether section 159.3 of the IRPR infringes section 15 of the Charter, which deals with equality rights, as this was not assessed by the lower Courts. The SCC returned the matter back to the Federal Court for determination. Currently, the litigation is ongoing.
• In January 2024, new litigation was filed challenging the process used for the continuing review of the designation of the U.S. as a safe third country. This litigation is ongoing.
• There are also judicial review applications before the Federal Court challenging the process for seeking relief for those found ineligible and who allege they will face risk if return to the U.S. under the STCA.

Termination of Temporary Protected Status (TPS) for Haiti in the U.S.
• The designation of Haiti for Temporary Protected Status (TPS) in the U.S. was set to expire on February 3, 2026, but its termination was temporarily stayed on February 2 by a District Court while broader litigation on this matter proceeds. The administration is expected to appeal.
o This ruling followed a separate decision on January 28, 2026 by a U.S. Court of Appeals, which affirmed a lower court’s decision that DHS Secretary Noem overstepped her authority by attempting terminate Haiti TPS early, in August 2025 ahead of the scheduled February 2026 expiry date.
• It is important to note that an attempt by the Administration to terminate the TPS designation on August 3, 2025, ahead of the scheduled 2026 expiry date, was also reversed by the Court. Congressional Democrats are calling for the extension of TPS, with support from stakeholders in the community, including the healthcare industry.
• It is estimated that approximately 350,000 individuals hold status in the U.S. under Haiti’s designation.
• Expiry of TPS means affected individuals can no longer legally work and remain in the U.S., although individuals who have an active asylum claim or make a claim post-expiry will generally be allowed to remain in the U.S. pending a decision.
• [REDACTED]

Temporary Residents (TR) and Integrity Measures
• IRCC is taking important steps to improve migration integrity in the temporary resident program. This has resulted in a drop in asylum claims at airports and inland.
Increased scrutiny of temporary resident visa (TRV) applications led to a 56% drop in asylum claims from TRV holders in December 2025 compared to the same month the year before.
• This downward trend likely reflects the impact of IRCC’s enhanced program integrity efforts, which significantly reduced misuse of Temporary Resident Visas. These measures are also deterring misuse of permits and resulting in more legitimate use with fewer individuals now using permits as quick pathway to claim asylum.
• Canada has taken steps to limit southbound irregular migration. The southbound apprehension volume in January 2026 is a 99% reduction from peak volumes of June 2024 (down to 19 persons apprehended in January 2026, compared with 3,437 persons apprehended in June 2024).”

• Canada and the United States (US) share a common interest in keeping our land border secure while managing the flow of people and goods.
• Canada and the US continue to apply the Safe Third Country Agreement (STCA) to manage asylum claims at our shared border.
• Under the STCA, people must seek asylum in the first country they enter and are returned to that country to pursue their asylum claim, unless they qualify for an exemption or exception.
• It’s in Canada’s national interest to receive asylum claims in a way that’s orderly, respects our border integrity and meets our obligations to protect those in need. We encourage people to claim asylum in the first safe country they enter and to do so at an official port of entry.
• Canada’s Immigration and Refugee Protection Act permits the designation of safe third countries to share the responsibility of handling asylum claims. To date, the US is the only designated safe third country.
• The Government of Canada uses a robust framework to continuously monitor US developments and the impact that changes in policies and practices may have on its refugee protection system. This monitoring ensures that the conditions that led to the US being designated as a safe third country continue to be met.
• We can’t speculate on future policy decisions, and we don’t comment on internal US government measures.

If pressed on STCA litigation before the Federal Court on the process to Review U.S. designation, or gender-based impact of the STCA
• We do not comment on matters before the Court.

If pressed on the termination of Temporary Protected Status (TPS) in the U.S. for Haiti and anticipated impacts on asylum claims at the border
• IRCC actively tracks global migration and asylum trends and works closely with partners to assess potential impacts on our country. The volume of asylum claims varies every month for a variety of reasons, and we don’t speculate on current or future trends.
• The Government of Canada is continuously monitoring the border closely for any changes in crossings. We’re always prepared to respond effectively to any possible increase in arrivals at our border, while upholding the safety and security of Canadians, and the integrity of our immigration system.

If pressed on criminals
• Claiming asylum cannot, and will not, prevent criminals from being punished to the fullest extent of the law. Individuals who pose a risk to public safety or who commit crimes remain subject to enforcement action at all times.

• If someone was initially found eligible to make an asylum claim, but it later comes to light that they may have committed a crime, their claim is put on hold while their case goes through the criminal justice system.

Through Bill C-12, we are taking further action to protect the system from surges in asylum claims and misuse.