Question Period Note: STCA – Asylum seekers

Canada – U.S. Safe Third Country Agreement and U.S. designation as a safe third country.

• Canada and the United States share a long border and a common interest in keeping it secure while managing the flow of people and goods.

• The Safe Third Country Agreement (STCA) helps Canada and the US manage asylum claims along our shared border.

• Under the STCA, people must make an asylum claim in the first safe country they arrive in, unless they qualify for an exception or an exemption.

• US and Canadian citizens, as well as stateless persons residing in either country, are exempt from the STCA.

• Any third country national entering Canada from the US who does not qualify for an exception to the STCA is returned to the US, and vice versa.

If pressed on proposed new 14 day asylum claim ineligibility (C-2):

The proposed new eligibility provision does not impact or change the application of the STCA.
This would impact individuals who apply after 14 days of crossing irregularly from the U.S. to Canada, and therefore not subject to the STCA.
Unlike those determined ineligible under the STCA, the new ineligibilities do not result in returns to the U.S. People who are affected by these ineligibility provisions may still apply for a pre-removal risk assessment to make sure they are not sent back to a country where they could face harm.

Facts and Figures (Asylum Claims by Mode 2022-2025)

Regular / Irregular Mode of Entry 2022 2023 2024 2025 (to April 30)
Regular Airport 17,135 41,330 42,625 4,405
Inland 27,350 69,565 111,270 27,060
Land Border 7,590 15,840 14,770 7,120
Marine 25 35 30 --
Regular - Total 52,100 126,770 168,700 38,585
Irregular Irregular 40,110 17,430 4,315 1,095
Irregular - Total 40,110 17,430 4,315 1,095
Overall - Total 92,210 144,200 173,010 39,685
Data source: Asylum Key Facts and Figures: April, 2025

• As a result of the STCA Additional Protocol (AP) in effect since March 2023, current irregular volumes fell to an average of around 12 persons a day, from an average of 165 a day prior to the Additional Protocol coming into effect.
• The volume of irregular claims in calendar year 2024 decreased by 75% compared to calendar year 2023.
• In the period from January to April 2025, the volume of irregular claims decreased by 36% compared to the period from January to April 2024.

Safe Third Country Agreement (STCA)

• The STCA has been in effect since 2004 and was developed to enhance the orderly management of refugee claims, 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 safe country they enter, either in Canada or in the U.S, unless they qualify for an exemption or exception to the Agreement.
• The exceptions to STCA are the following:
o Family member exception (N.B. they must be over 18 and legally in Canada)
o Unaccompanied minor exception
o Document holder exception
o Public interest exception
• These exceptions reflect key Government of Canada commitments, such as family reunification and protecting the best interests of the child.
• The Agreement gives both parties the discretion to take responsibility for a refugee claim when it is in the public interest to do so. Canada applies this discretion, for example, to provide an exception for persons charged or convicted with an offence for which they could receive the death penalty in the U.S. or in another country.
• The STCA does not apply to U.S. citizens or habitual residents of the U.S. who are not citizens of any country (“stateless persons”).
• On March 24, 2023, Canada and the U.S. announced that they were expanding the application of the STCA across the entire land border, including internal waterways. Previously, the STCA only applied at official ports of entry along the land border. This change was done through the Additional Protocol to the STCA, which came into effect at 12:01 a.m. EDT on March 25, 2023.
• The Additional Protocol applies the terms of the STCA to individuals who make an asylum claim within 14 days of crossing between ports of entry along the land border, including the same limited exceptions outlined above.
• The U.S. is the only country Canada has designated as a safe third country.

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 never 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 STCA ineligibility decisions, which include arguments alleging violations of s. 7 Charter rights and s.15 of the Charter.

Southbound Irregular Migration from Canada to the U.S.
• Irregular crossings of foreign nationals from Canada into the U.S. at the U.S.’s northern border continues to be a bilateral irritant in Canada- U.S. relations. The number of irregular southbound crossings from Canada drew the attention of U.S. media, as well as U.S. officials in the summer of 2024.
• However, since then, the Government took action to reinforce the integrity of the immigration system through heightened scrutiny of visitor visa applications which has yielded significant results, and the U.S. media is now reporting that irregular northbound crossings to Canada is outpacing southbound volumes.
• Actions include:
o A partial visa reimposition on Mexico in February 2024 which has seen volumes of Mexican nationals crossing irregularly southbound via Canada to the U.S. drop by 95% (comparing April 2024 to April 2025).
o Enhanced visa screening since June 2024 has resulted in a significant drop in southbound apprehensions that continue to decrease; actions taken so far have decreased southbound apprehensions by 98% as of April 2025 since peak levels in June 2024 (down to 83 persons apprehended from 3,437 persons apprehended).
o We also continue to see significant results from much tighter visa screening for key populations who were abusing the system, like India and Bangladesh. Refusal rates have risen considerably over the past year for these two nationalities.
o Expanding information sharing with the U.S. and improving integrity – we have the most comprehensive information-sharing relationship in the world, bolstered by our immigration information sharing in particular.
• Despite significant progress made in addressing U.S. concerns on border integrity, notably southbound apprehensions and fentanyl, the U.S. imposed 25% tariffs on Canada in March 2025. These issues were those that the U.S. had indicated as the concerns behind the tariffs.
• Human smuggling is a major concern in the southbound movement and targets multiple nationalities. Smuggling is financially lucrative, with migrants sometimes paying thousands of dollars to smugglers to enter the United States. In addition, these crossings can be dangerous.
• Canadian and U.S. counterparts continue to work together to advance joint information-sharing efforts to help strengthen our understanding of southbound irregular crossings associated with these cohorts. The Government of Canada will continue to work to understand any new drivers of these movements in order to make any adjustments to our processes that may be required.
• IRCC supports the Royal Canadian Mounted Police and the Canada Border Services Agency in their efforts to identify and disrupt human smuggling and trafficking networks that target Canada, and in their collaboration with international law enforcement partners.
• IRCC does not disclose specifics regarding its engagement with the U.S. given bilateral relations and other operational considerations.

Asylum claims at the Canada-U.S. border

• Asylum claim volumes in Canada nationwide have decreased across all modes when compared to the same period last year, except for those made at the land border.
• The land border increase was driven by the spike in claims at the Quebec border that occurred from the end of March to mid-April 2025; most claims were from Haitian nationals who were living in the U.S. The timing seemed to coincide a decision made by the U.S. administration to terminate temporary protected status (TPS) for Haitians. Since late April, volumes have returned to the level seen earlier in 2025; a possible factor could be that litigation has blocked the termination of the Haitian TPS.
• A seasonal rise in land border volumes would also be expected in late spring/early summer following the end of the school year and increased travel.
• Canada will continue to monitor claim volumes at the land border and work with other levels of governments to be ready to respond to any future increases through existing contingency plans and at federal, provincial and territorial negotiating tables.
• We are protecting the integrity of the asylum system by introducing new ineligibilities. This means we can provide faster protection for those in need while discouraging claims from those seeking to use the asylum system to extend their temporary stay in Canada. Canada’s asylum system is not a shortcut to immigration.

Asylum claim ineligibilities

• Two proposed ineligibility measures in the Strong Borders Act would protect the asylum system against sudden increases in claims:
o Asylum claims made by people more than one year after they first arrived in Canada after June 24, 2020, would not be referred to the IRB. This would apply to anyone, including students and temporary residents, regardless of whether they left the country and returned.
o Asylum claims from people who enter Canada from the United States (US) along the land border between ports of entry and who make a claim after 14 days would also not be referred to the IRB.

If pressed on asylum volumes at the land border (incl. Lacolle)

• There was a spike of land border claims from the end of March to mid-April 2025, particularly at Lacolle, QC. However, overall asylum volumes to Quebec are 38% lower than this period last year.

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.