Windsor Star

A look at the daunting reality of Canada’s migrant issue

MORE THAN 20,000 ILLEGAL BORDER CROSSINGS HAVE BEEN MADE INTO CANADA SINCE EARLY 2017, ALL OF THEM BY FOREIGN NATIONALS SEEKING ASYLUM. WITH THE INFLUX EXPECTED TO GROW EVEN BIGGER THIS SUMMER, TRISTIN HOPPER DETAILS THE CHALLENGE OF CANADA’S ONGOING MIGR

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OUTPACING CONVENTION­AL REFUGEES

In the first three months of 2018, 5,052 asylum seekers were intercepte­d by the RCMP after illegally crossing the Canadian border, compared to 4,475 people who filed refugee claims through convention­al channels such as airports and official border stations. In other words, for the first time there are more people illegally seeking asylum in Canada than making legal refugee claims — and that trend is set to continue throughout 2018. In 2017, the Immigratio­n and Refugee Board (IRB) received at least 18,149 claims from “irregular border crossers” — those who claimed asylum after first entering Canada illegally. This was compared to 29,276 people who applied for refugee status legally. The RCMP intercepte­d 1,890 illegal border crossers in the first three months of 2017. In the same period in 2018, that number soared to 5,052. Over the Easter Weekend alone, more than 600 crossed into Quebec, and provincial officials are expecting more than 400 per day as the weather gets warmer. Much of this activity is in Saint-Bernard-deLacolle, Que., where it’s particular­ly easy to cross over from Champlain, New York.

NOT SEEN AS CRIMINAL BY LAW

In the House of Commons, the Conservati­ves use the term “illegal migrant” while the Liberals and the NDP prefer the term “irregular migrants.” It is illegal to cross into Canada without first passing through a port of entry. Indeed, any border-crosser at Saint-Bernard-de-Lacolle will pass by a bilingual sign saying “it is illegal to cross the border here” — and they will also be told as much by the area’s substantia­l police presence. However, while someone can be charged for entering Canada without authorizat­ion, those charges are waived once someone makes an asylum claim.

TORIES BLAME TRUDEAU’S TWEET

In January last year, Prime Minister Justin Trudeau tweeted, “to those fleeing persecutio­n, terror & war, Canadians will welcome you, regardless of your faith.” It was a direct response to U.S. President Donald Trump’s so-called “travel ban,” an executive order banning all travel from seven countries with large Muslim population­s. Trudeau’s post has received 412,000 retweets to date, making it one of the most circulated tweets of 2017. In a recent House of Commons speech, Conservati­ve public safety critic Pierre Paul-Hus called the tweet “the root of ” illegal border crossings. And the data seems to back him up. The month before the tweet, the RCMP intercepte­d 315 illegal border-crossers. The next month that doubled to 678 — and kept climbing until it reached a peak of 5,712 by August 2017.

LEGAL LOOPHOLE EASILY PATCHED

Canada faced its last major wave of migrants from the United States in the aftermath of the Sept. 11 attacks. This prompted the government of Jean Chrétien to draw up the Safe Third Country Agreement with the United States. This agreement holds that any non-American seeking refugee protection at the U.S.-Canada border must have first filed a refugee claim with the Americans. Thus, it effectivel­y allows guards at Canadian land borders to turn away most asylum seekers on the grounds that they are already in a safe country. There’s just one problem: The agreement only refers to refugee claims made at a “port of entry.” Thus, if someone slips past a port of entry and enters Canada illegally in order to make an inland asylum claim, the agreement doesn’t apply. As Conservati­ve immigratio­n critic Michelle Rempel has pointed out, however, the agreement gives Canada’s minister of immigratio­n a wide berth to decide what constitute­s a “port of entry.” Were Immigratio­n Minister Ahmed Hussen to declare the entire Canadian border a port of entry, officials could turn away many overland asylum claimants from the U.S. without passing their claims on to the refugee board.

UNLIKELY ILLEGAL CROSSINGS WILL END

When the wave of border-crossing began in early 2017, the migrants were reported to be mostly Haitians fearing deportatio­n from the U.S. after Trump announced the end of temporary amnesty enacted in the wake of the 2010 Haiti earthquake. Recently, the demographi­cs have changed and border-crossers are now predominan­tly Nigerian. What’s more, most appear to be entering the U.S. on recently acquired tourist visas for the sole purpose of slipping into Canada. “They land in the United States, where they stay for a very short period of time, and then make their way to Canada,” Hursh Jaswal, communicat­ions director for the immigratio­n minister, told the Canadian Press. Once an asylum seeker is deemed to be a refugee claimant, they are able to obtain work permits, as well as access Canadian health care, public schools and even social assistance.

THE BACKLOG IS OUT OF CONTROL

Well before the first day of summer, the number of asylum seekers who entered Canada illegally will surpass the 25,000 Syrian refugees accepted into the country in 2016. These border crossings — coupled with rising rates of refugee claims across the board — are putting an unsustaina­ble strain on the country’s refugee system. At the beginning of 2017, the Immigratio­n and Refugee Board counted a total queue of 18,644 refugee claimants. As of March 31, this has more than doubled to 48,974. The board can only process about 1,000 to 2,000 cases per month.

CROSSERS COULD FACE DE-FACTO AMNESTY

According to the government, the refugee system is meant to protect people who face death, “danger of torture” or cruel and unusual punishment if they return to their home country. Some claimants from Haiti and Nigeria will fit that descriptio­n, such as gay men or those from places threatened by Boko Haram. But neither country fits the criteria for a war zone. Of the 2,552 claims from illegal border crossers finalized in 2017, only 53 per cent were accepted as refugees. But it is taking longer to process refugee claims. In October the wait time was 16 months. In February, it was 20 months. According to an internal IRB report, if current rates of crossing continue, the wait could be as long as 11 years by 2021. “Realistica­lly, if it’s going to take 10 years to get a refugee hearing … you’ve almost got de facto amnesty,” said Raj Sharma, an immigratio­n lawyer and former refugee protection officer.

 ?? RYAN REMIORZ / THE CANADIAN PRESS FILES ?? A refugee claimant from Eritrea is arrested after crossing the border from New York into Hemmingfor­d, Que., in 2017.
RYAN REMIORZ / THE CANADIAN PRESS FILES A refugee claimant from Eritrea is arrested after crossing the border from New York into Hemmingfor­d, Que., in 2017.

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