Canada stuck with Cuban migrants

Castro refuses to take them back

About 200 Cuban nationals, some with serious criminal backgrounds, are becoming “de facto Canadian citizens” and will likely remain in Canada despite being legally inadmissible.

Canadian officials blame Cuban policy and the intransigence of Fidel Castro for steadfastly refusing to issue travel documents to citizens who flee Cuba, paperwork that is needed before Canada can send them back. The situation, which results in some Cuban nationals circumventing Canada’s immigration safeguards, is creating a diplomatic chill between Cuba and its traditional friend in the West.

Privately, Canadian government officials describe it as the “ dirty secret” of Canada’s immigration system, one causing increasing frustration.

The inability to remove them from Canada regardless of their background or actions makes them “ de facto Canadian citizens,” a senior government official told the National Post.

There are also concerns for public safety — Because there is no reasonable prospect of resolution to the cases of Cubans initially ordered detained, the burden of proof needed to convince an Immigration and Refugee Board adjudicator to keep them jailed indefinitely becomes exceedingly high.

“We can’t keep them locked up forever,” said an official with Canada Border Services Agency.