Ahmed Hussen, speaking as Canada`s Minister of the IRCC, said the terms of the agreement on the security of third-country nationals are still being respected. The ruling Liberal Party of Canada has not indicated any plans or intentions to suspend the agreement. [21] If the government wins its appeal, which is likely to be heard in late February or early March, the border agreement will almost certainly remain intact. If the government loses its appeal, it is likely that the agreement will be permanently abolished, unless the government decides to challenge the loss in the Supreme Court. Last July, the Federal Court of Justice declared the STCA unconstitutional because it violated «the right to life, liberty and security of the person» as guaranteed by the Canadian Charter of Rights and Freedoms. The case was filed by Amnesty International, the Canadian Refugee Council and the Canadian Council of Churches on behalf of several complainants. The judge`s decision upheld the argument made for years by human rights and refugee advocates that the United States, especially under the Trump administration, is not a safe place for refugees. Section 102 of the Immigration and Refugee Protection Act (IRPA) authorizes the designation of safe third countries for the purposes of co-responsibility for refugee applications. Only countries that respect human rights and offer a high level of protection to asylum seekers can be designated as safe third countries. Nevertheless, the Trudeau government has decided to appeal the decision to maintain an untenable agreement, at a time when the Trump administration`s racist and nativist policies make this all the more dangerous and illustrate the contradictions of refugee and immigration policy in Canada. The agreement was signed on December 5, 2002 in Washington, D.C. by Bertin Cété (Deputy Head of Mission, Canadian Embassy) and Arthur E.

Dewey (Assistant Secretary of State for Population, Refugees and Migration, United States). Under the agreement, refugee claimants must apply in the first country they arrive between the United States or Canada, unless they are entitled to a waiver. For example, asylum seekers who are citizens of a country other than the United States and who arrive from the United States at the land border between Canada and the United States can only assert their rights to refugees in Canada if they fulfill an exception under the Safe Third Country Agreement. The agreement, which allows any country to deport asylum seekers trying to apply for refugees at official border crossings, was declared unconstitutional by the Federal Court of Justice in July. Under the Safe-Third Country (STCA) agreement, asylum seekers arriving in an official Canada-U.S.-U.S. crossing point, which goes both directions, is returned and invited to seek asylum in the first country they arrived in. A safe third country is a country in which a person crossing that country could have applied for refugee protection. In Canada, section 102, paragraph 2 of the Immigration and Refugee Protection Act sets out the criteria for designating a country as a safe third country. The Immigration and Refugee Protection Act (IRPA) requires ongoing review of all countries designated as safe third countries. The purpose of the review procedure is to ensure that the conditions that led to deportation as a safe third country remain met. For all other countries that may be designated as safe third countries in the future, the United States is to date the only country to be designated by Canada as a safe third country under the Immigration and Refugee Protection Act.

That changed with the election of President Donald Trump in 2016 on a platform that was particularly hostile to migrants and his government`s announcement in 2017 that it would end the term temporary protection status (GST). While the largest group of people receiving GST came from El Salvador (approximately 200,000), the name also included nearly 60,000 Haitians who lived and worked in the United States.