What are these new measures?
The proposal would deport anyone who did not seek protection from another country before entering the United States, or who did not notify US border officials in advance of their intention to apply. asylum.
As migrants who arrive at the southern border of the United States necessarily come from Mexico, and they have often set foot in other countries before setting foot in Mexico, the measure would affect a very large number of people.
Only migrants who applied for asylum online, through a mobile app, before arriving in the United States might be eligible. But this option is not always feasible.
“This policy, which goes in the same direction as that which Trump practiced, contravenes international law”, maintains Eva Gracia-Turgeon, of Foyer du monde, a temporary accommodation house for asylum seekers, in Montreal.
“It’s one more notch in the forfeiture of the right to asylum,” adds François Crépeau, professor of public international law at McGill University.
“It will reduce the number of crossings for a certain time, he says, but it will increase clandestinity and it will make a lot more money for all the smugglers who will present themselves at the gates, because if the United States United do not take responsibility for managing this mobility, others will. »
When should this policy come into effect?
The proposal, announced on February 22, has been posted to the Federal Register for comment for 30 days.
It is due to go into effect in May, once the rule linked to the Trump-era COVID-19 pandemic is lifted. called Title 42this rule allowed for the rapid deportation of migrants without a visa, including asylum seekers.
Why is President Biden tightening the screw?
The goal is of course to deter migrants from crossing the US border without permission.
Beyond the political judgments that can be made, these measures must be placed in their context. Between October 2020 and August 2021, during the pandemic, US authorities arrested 1.5 million people at the border with Mexico. During the same period, the Royal Canadian Mounted Police (RCMP) intercepted 316 people at Roxham Road.
For fiscal year 2022, the number of undocumented immigrant entries reached 2.76 million, according to Customs and Border Protection data.1. These figures clearly illustrate that the challenges facing the two countries are not of the same magnitude.
Could Canada imitate its neighbour?
The answer is no, because Canada is not the United States.
If Canada decided to send back to the United States all the people who present themselves at its border in search of protection, “it would be dragged before the courts very quickly”, believes François Crépeau.
“Canada has international obligations in terms of non-refoulement and it has the Canadian Charter of Human Rights and Freedoms,” says the professor.
In principle, these international obligations are the same in the United States as in Canada. But because of its traditions, and its smaller size which gives it an unfavorable balance of power, Canada is more concerned with respecting them.
As for the Charter, it might lead Canadian courts to block such measures.
Already, the legality of the current regime is the subject of legal challenges.
The Safe Third Country Agreement, which allows Canada to turn back asylum seekers who present themselves at an official border crossing and forces them to go through a circuitous route, such as Roxham, has been the subject of extensive legal debate.
Long-standing migrant advocates won their case in Federal Court in July 2020, which found the deal had the effect of sentencing the alleged plaintiffs to prison in the United States. inadmissible. This decision, however, was overturned by the Federal Court of Appeal in August 2021. The Supreme Court of Canada has since agreed to hear the case and is expected to issue its decision shortly.
We might therefore expect, if the Canadian government followed the American path, a deployment of legal challenges.
Does Canada want to follow the example of the United States?
This is probably the real question! Canada’s attitude towards immigration, whether regular or not, is different from that of the United States. Irregular entries, if they provoke debates in Canada, have not caused a social and political divide as in the United States. For example, no Canadian politician has called migrants “criminals” and “rapists” the way Donald Trump did.
There is a consensus between the major political parties here on the benefits of immigration and on Canada’s role as a host country. The number of immigrants is proportionally higher in Canada than in the United States, with 432,000 in 2022, while net immigration to the United States was 1.01 million between July 2021 and July 2022.
Will American policy have any impact here?
Probably. If the Biden administration implements these new measures, there is likely to be fewer migrants in the United States and, therefore, fewer asylum seekers trying to enter Canada.
“It’s a game of dominoes, illustrates Eva Gracia-Turgeon. If there are fewer people going to the United States, there are fewer people going to Canada followingwards. »
What does international law say?
International law relating to asylum seekers is governed by the 1951 Convention relating to the Status of Refugees. According to this convention, States have an obligation not to return or refoule a refugee to a country where he would risk being persecuted, and to provide protection and assistance to refugees who are on its territory. International law also recognizes the notion of non-refoulement, which prohibits a state from returning an asylum seeker to a country where their life or freedom would be threatened.