Well, look who’s talking tough on border security
The federal Liberals have always bristled at the suggestion that tens of thousands of “irregular” border crossers from the United States might constitute a problem. The system, they insist, works just fine. “This process is working to keep us safe,” Prime Minister Justin Trudeau told The Canadian Press before Christmas, and he accused the Conservatives of deliberately trying to frighten Canadians into believing otherwise. “It’s always easier to try and scare people than to allay fears in a time of anxiety,” he said. In January, Immigration Minister Ahmed Hussen accused the Conservatives of planning “to militarize the border,” which is certainly not an example of trying to scare people rather than allaying their fears.
One of the ideas the Conservatives have long supported is “closing the loophole” in the Safe Third Country Agreement (STCA) that allows “irregular” arrivals — those who cross between official border posts — to claim asylum. (There’s no point blaming them: If they tried to arrive “regularly,” they would be turned back.) The idea has long been dismissed as unworkable, if not unconstitutional.
But wouldn’t you know it, in an interview with The Globe and Mail this week, Border Security Minister Bill Blair said he was in negotiations with Washington on precisely this point.
“If, for example, there was an agreement of the United States to accept back those people that are crossing at the end of Roxham Road (in Champlain, N.Y.), then Canadian officials … could theoretically take them back to a regular point of entry … and give effect to (the STCA) regulations at that place,” Blair said — i.e., would-be asylum seekers actually apprehended crossing the border would be sent back.
It’s not clear why the Americans would agree to this: If thousands of non-citizens want to decamp and take their chances in Canada’s refugee determination system, one suspects President Donald Trump would be most inclined to let them. But it’s intriguing enough the Canadian government now wants to be seen pursuing the idea.
“Closing the loophole” might be difficult to negotiate, but unlike everything else the Liberals have tried, it would almost certainly accomplish the goal they can never quite admit to having: To keep these people away. The most resourceful and desperate migrants would try to sneak across the border and claim asylum inland, once it couldn’t be proven how they arrived — a dangerous and potentially deadly undertaking and an invitation to human smugglers, Liberals would argue if they were in opposition. But that’s infinitely more complex an undertaking than packing your suitcases, bundling up the kids and clambering over the border into a waiting RCMP car. The vast majority of people would be dissuaded.
The federal budget’s section on border security, meanwhile, is altogether extraordinary. It claims that “elevated numbers of asylum seekers, including those that have crossed into Canada irregularly, have challenged the fairness and effectiveness of Canada’s asylum system.” It proposes to target “individuals who cross Canadian borders irregularly and try to exploit Canada’s immigration system.” It moots “legislative amendments … to better manage, discourage and prevent irregular migration.”
This is the same government that has sworn blind no one is jumping any queue, that everyone is entitled to equal treatment under the system no matter whence they arrive, that the system is working perfectly — all repudiated in a single paragraph.
It adds up to a $1.18 billion commitment over five years. And the proposals are vague enough that Finance Minister Bill Morneau doesn’t seem to understand what they entail: “If someone comes across the border (and) claims asylum, we want to make sure we process that quickly so they either are moved back to where they came from, if it’s inappropriate, or in the case where they are legitimately seeking asylum, we deal with them in a compassionate and rapid way,” he told reporters on Tuesday. That’s baffling. How do you decide what’s an “appropriate” or “legitimate” claim without adjudicating the damn thing?
Nevertheless, it’s clear enough heading into the election campaign that the Liberals want to be seen fighting irregular border crossers rather than managing them as the legitimate asylum seekers they always insisted they were. The way to do the latter would be to spend scads more money hiring scads more people than they already have to adjudicate asylum claims as normal — only much, much quicker. That was what refugee advocates argued for nearly 20 years ago, when hundreds of people headed north for fear of a post-9/11 immigration crackdown. Refugee advocates lost the argument; the STCA, ratified under Jean Chrétien’s Liberal government, put an end to the northbound queues at border crossings; and most everyone in Canada instantly forgot those people ever existed.
A significant political headache had been expertly healed. It’s both telling and appropriate, as Trudeau’s government rapidly abandons its touchy-feely shtick, that the Liberals would land again on a “get tough” approach at the border.