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Illegal immigration to Canada is the act of a person who is not a Canadian citizen or permanent resident entering or remaining in Canada in a manner contrary to the Immigration and Refugee Protection Act and its associated regulations. That includes persons who entered Canada on a travel visa but remained beyond the period of stay specified as well as persons who entered Canada without presenting themselves at a port of entry.
Canada is a signatory of the United Nations' 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which forbids imposition of penalties on refugees who may have entered in contravention to national laws in order to seek protection; but that applies only to claimants while their case is being processed and to persons formally recognized as refugees.
The use of the term irregular or illegal is disputed when referring to the act of crossing the Canada–United States border outside of a point of entry (POE) to claim asylum. [1]
Entering Canada outside of a POE is not an offence under the Criminal Code or Immigration and Refugee Protection Act (IRPA); regulations under IRPA require only for a person seeking to enter Canada outside a POE to "appear without delay" at the nearest entry point. [2] Entering Canada outside of a port of entry may represent an unlawful act, but section 133 of IRPA requires charges related to any offences associated with entering Canada to be stayed while an entrant's claim is being processed in accordance with the Convention Relating to the Status of Refugees. [3] If the Canadian government grants refugee status, any charges are stayed permanently. [2] Claimants may face charges for other unlawful activity, or background checks may determine the claimant has a criminal history or presents a national security risk, which are outside the scope of the section 133 staying of charges and may result in denial of a claim. [3]
The Government of Canada, including the Immigration and Refugee Board (IRB), use the term irregular to refer to these border crossings. [4] [5] Refugee organizations, the Liberal Party of Canada, and the New Democratic Party also use that term. [1] The Conservative Party of Canada, in contrast, use the term illegal, with the justification that entering outside of a port of entry is a violation of the Customs Act. [3] The Royal Canadian Mounted Police use neither word, instead using the term interceptions. [6]
Canada is signatory to the 1951 UN Convention Relating to the Status of Refugees, and within Canada, the Immigration and Refugee Protection Act (IRPA) is the legislation that governs the flow of people.
The IRPA, established in 2003, outlines the ruling, laws, and procedures associated with immigrants in Canada. It provides officers of the Canada Border Services Agency (CBSA) with the authority to detain permanent residents and foreign nationals if any of the individuals have violated the rulings of the Act. Roughly 12,600 individuals who were living in Canada including 1,900 criminals who violated the Act and either posed a high risk to Canada or were illegal immigrants who were deported in the year of 2006–07. [7]
Article 31 of the UN Refugee Convention says that receiving countries may not penalize refugees for how they enter a country as long as they present themselves "without delay" to authorities and show "good cause" for their presence. [8] Illegal entry is not an offence in Canada's Criminal Code, but Immigration and Refugee Protection Regulations 27 (2) says that anyone who does not enter at a port of entry must check in "without delay" at a border point. [9] As clarified by James Hathaway, founding director of the University of Michigan's program in refugee and asylum law, "If someone a) comes forward voluntarily, and b) explains that the reason they crossed the border illegally was they were looking for protection, it's clear as a bell: You may not under any circumstance penalize them". [10] Asylum seekers would be considered in violation of the IRPA if they cross at an unofficial border point, do not promptly go to a port of entry, and do not file a refugee claim. In addition to potential criminal charges, asylum seekers would have their cases rejected. [10]
Politicians in Quebec have raised complaints. François Legault, then leader of the Coalition Avenir Québec (CAQ), said in August 2017 that the federal government was being "completely irresponsible" and allowing the border to become a "sieve". Quebec premier Philippe Couillard criticized Legault's calls for tighter border controls as intemperate, saying they demonstrated "a sheer lack of leadership." [11]
Quebec's Official Opposition, the Parti Québécois, had also raised questions about the province's capacity to absorb the refugee influx, but had not gone as far as Legault had in calling for a more restrictive border policy. But in April 2018, as it was reported that the amount of refugees crossing at Roxham had increased by 2,000 over the same period the preceding year, its leader, Jean-François Lisée, told reporters before a party caucus session that a fence should be built at the site. "We have the best known irregular road in the world," he complained. "We have several good fence builders in Quebec, so we're spoiled for choice." He suggested it could be paid for by "the Mexicans", a joking reference to the similar barrier being built by the Trump administration on the U.S.-Mexico border. [12]
All the province's other party heads condemned the suggestion, [13] as well as the United Nations High Commissioner for Refugees, which called it "legally and morally wrong". [12] Lisée later qualified his remarks by suggesting a line of trees or a police presence would be sufficient; after being reminded he had used the word "fence" he said one like those found around schools would be sufficient. [13] His proposal was echoed by Toronto Sun columnist Anthony Furey a month later, who went further, suggesting an actual wall at the site for a few years. [14]
On Canada Day 2017, [15] members of the Quebec far-right groups La Meute and Storm Alliance, who had been discreetly observing the crossings for some time beforehand, [16] staged a small protest at the Canadian side of Roxham Road, arguing that members of terrorist groups and criminals were being allowed into Canada there. A smaller group of pro-migrant protestors counterdemonstrated, with the RCMP and Sûreté du Québec keeping the two groups apart. [15] By May 2018, two more such protests had been held, with the location shifting to the encampment nearer Lacolle and both sides attracting more supporters; [17] Canadian activist Jaggi Singh was arrested and charged with assault on an officer at those protests after he led a group of demonstrators onto the A-15 near the Montée Guay interchange with the intent of blocking traffic, an action which delayed the arrival of the far-right protesters. [18]
For 2018, the IRB reported 20,607 total asylum applications from irregular entrants. [19] Of those, 18,215, or 88 percent, came via Roxham Road. The largest portion that year were the 7,585, or 42 percent, from Nigeria. Haitians dropped to 585, roughly a tenth of their 2017 total; the planned revocation of TPS late in 2017 was stayed pending litigation and almost a year later a U.S. federal judge enjoined the Trump administration from doing so. [20] Over a thousand Colombians entered at Roxham, as well. [21] The IRB accepted 3,307 of the applicants who crossed irregularly, improving its rate to 16 percent of the total. [19]
During the 2022 Quebec general election Conservative Party of Quebec leader Éric Duhaime talked about the possibility of building a wall in Roxham Road to stop Illegal immigration. [22] [23]
From January 2017 to March 2018, the Royal Canadian Mounted Police intercepted 25,645 people crossing the border into Canada illegally. Public Safety Canada estimated that another 2,500 came across in April 2018 for a total of just over 28,000, of which 1,000 had been removed from Canada. Federal government ministers expected that "close to 90 per cent" of asylum claimants would be rejected. [24]
The last audit of the Canadian population was performed in 2004 that indicated approximately 36,000 more individuals over a span of 6 years became illegal residents within Canada. [7] The statistics are considered inaccurate because Canada does not record the information of illegal individuals leaving the country, but it is the last authentic value provided. A federal government draft report from 2001 included an estimate of 100,000 illegal immigrants then residing in Canada. [25]
In the 1980s, large numbers of Brazilian foreign nationals would arrive in Canada claiming refugee statuses. They would then reside until the end of their refugee process, which allowed them to study, work, and collect social benefits. Canada noticed the large trend and imposed a requirement on Brazilian foreign nationals in 1987 to obtain a visa to arrive in Canada, which made it a little more difficult for many to immigrate. [26] During their stay, the foreign nationals would develop the skills to pass the Canadian immigration tests and become Canadian legal citizens. Those who would not pass the citizenship tests would either leave back to Brazil or continue to live as illegal residents.[ clarification needed ][ citation needed ]
In 2008, Auditor General of Canada Sheila Fraser found that the Canada Border Services Agency (CBSA) had lost track of 41,000 individuals who had been ordered deported. [27] In some cases, individuals can be allowed a temporary access into Canada with a Temporary Resident Permit as long as they do not pose an obvious threat to Canadians. The permit can be issued by the CBSA or a border service officer for a cost of $200 per permit; the CBSA issued 13,412 permits in 2006. Permits allow legal residency for a period ranging from one day to three years. During this time period, the legal documents are gathered for individuals to be deported back to the country they emigrated from. This procedure at times could create challenges such as retrieving the legal documentation for deporting and so Temporary Resident Permits are provided the time for such obstacles to be overcome efficient and effectively.[ citation needed ]
In 2017, after US President Donald Trump had enforced American laws against illegal immigration in the US immigrants leaving the US and entering Canada increased. Quebec saw 75% of the resulting crossings from the US for Canada, and Programme régional d’accueil et d’intégration des demandeurs d’asile (PRAIDA) helped 1,174 asylum seekers in July 2017 compared to the 180 people during the previous year. [28] Montreal had to repurpose its Olympic Stadium to house the immigrants. [28]
A 2007 poll conducted for Citizenship and Immigration Canada of 1,200 telephone interviews of adult Canadians gathered feedback on positive and negative opinions regarding immigrants settled in Canada. [29] Among residents, most believed that only individuals who migrate legally should be allowed to remain. Two thirds of Canadians wanted any illegal resident of Canada to be deported. In 2007, in Quebec that statistic reached a level of 70% whereby individuals stated that "reasonable accommodations" should be made for illegal immigrants rather than simply deporting them. [29] [ clarification needed ]
In 2018, an Angus Reid Institute poll, found that two thirds (67%) of those polled think that the situation constitutes a "crisis" and that Canada's "ability to handle the situation is at a limit." Fifty-six per cent of respondents who voted Liberal in the 2015 election and 55% of NDP supporters agreed that the matter had reached a crisis level, and 87% of respondents who voted for the Conservatives in the last election called it a crisis. Six in ten respondents also told the firm that Canada is "too generous" toward would-be refugees, a spike of 5% since the question was asked a year earlier. [30] [31]
The Canada–United States border is the longest international border in the world. The boundary is 8,891 km (5,525 mi) long. The land border has two sections: Canada's border with the contiguous United States to its south, and with the U.S. state of Alaska to its west. The bi-national International Boundary Commission deals with matters relating to marking and maintaining the boundary, and the International Joint Commission deals with issues concerning boundary waters. The agencies responsible for facilitating legal passage through the international boundary are the Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection (CBP).
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border control, immigration enforcement, and customs services in Canada.
The Immigration and Refugee Board of Canada, established in 1989 by an Act of Parliament, is an independent administrative tribunal that is responsible for making decisions on immigration and refugee matters. As one of their responsibilities, the IRB decides on applications for refugee protection made by individuals. The IRB reports to Parliament through the Minister of Immigration, Refugees and Citizenship (IRCC), but remains independent from both the IRCC and the Minister.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention refers to the practice of compulsorily detaining or imprisoning people who are considered to be illegal immigrants or unauthorized arrivals into a country. Some countries have set a maximum period of detention, while others permit indefinite detention.
Jean-François Lisée is a Canadian politician who served as the leader of the Parti Québécois from October 2016 until October 2018. He was first elected a member of the National Assembly of Quebec in the 2012 Quebec election in the electoral district of Rosemont.
According to the 2021 Canadian census, immigrants in Canada number 8.3 million persons and make up approximately 23 percent of Canada's total population. This represents the eighth-largest immigrant population in the world, while the proportion represents one of the highest ratios for industrialized Western countries.
Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties.
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, from poorer to richer countries. Illegal residence in another country creates the risk of detention, deportation, and other imposed sanctions.
Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law. Human smuggling is the practice of aiding people in crossing international borders for financial gain, often in large groups. Human smuggling is associated with human trafficking. A human smuggler will facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is usually free. Trafficking involves physical force, fraud, or deception to obtain and transport people, usually for enslavement or forced prostitution.
The Canada–United States Safe Third Country Agreement is a treaty, entered into force on 29 December 2004, between the governments of Canada and the United States to better manage the flow of refugee claimants at the shared land border.
African immigration to Israel is the international movement to Israel from Africa of people that are not natives or do not possess Israeli citizenship in order to settle or reside there. This phenomenon began in the second half of the 2000s, when a large number of people from Africa entered Israel, mainly through the then-lightly fenced border between Israel and Egypt in the Sinai Peninsula. According to the data of the Israeli Interior Ministry, 26,635 people arrived illegally in this way by July 2010, and over 55,000 by January 2012. In an attempt to curb the influx, Israel constructed the Egypt–Israel barrier. Since its completion in December 2013, the barrier has almost completely stopped the immigration of Africans into Israel across the Sinai border.
Harsha Walia is a Canadian activist and writer based in Vancouver. She has been involved with No one is illegal, the February 14 Women's Memorial March Committee, the Downtown Eastside Women's Centre, and several Downtown Eastside housing justice coalitions. Walia has been active in immigration politics, Indigenous rights, feminist, anti-racist, anti-statist, and anti-capitalist movements for over a decade.
Expedited removal is a process related to immigration enforcement in the United States where an alien is denied entry to and/or physically removed from the country, without going through the normal removal proceedings. The legal authority for expedited removal allows for its use against most unauthorized entrants who have been in the United States for less than two years. Its rollout so far has been restricted to people seeking admission and those who have been in the United States for 14 days or less, and excludes first-time violators from Mexico and Canada.
Operation Streamline is a joint initiative of the Department of Homeland Security and Department of Justice in the United States, started in 2005, that adopts a "zero-tolerance" approach to unauthorized border-crossing by criminally prosecuting those perpetrating it. Up to 70 people are tried at the same time, sometimes wearing shackles in the courtroom. Entering without inspection is a misdemeanor, and re-entering after deportation is a felony.
Sean Simon Andrew Fraser is a Canadian politician who has served as minister of housing, infrastructure and communities since July 26, 2023. Prior, he served as the minister of immigration, refugees and citizenship from October 26, 2021 to July 26, 2023. A member of the Liberal Party, Fraser has represented the riding of Central Nova in the House of Commons since 2015.
The Pembina–Emerson Border Crossing is a United States-Canada port of entry (POE) that connects the U.S. city of Pembina, North Dakota and the Canadian community of Emerson, Manitoba. On the American side, the crossing is connected by Interstate 29 (I-29) and U.S. Route 81 in Pembina County, while the Canadian side is connected by Manitoba Highway 75 in the Municipality of Emerson – Franklin.
The Jose Figueroa deportation case began on 5 May 2010, when the Immigration Division of the Immigration and Refugee Board of Canada (IRB) issued a deportation order against Jose Luis Figueroa, who had entered Canada in 1997 as a refugee from El Salvador.
The Storm Alliance is a Canadian anti-immigration group which is primarily based in Quebec. It describes itself as an "ultranationalist" organization and it opposes the Canadian government's immigration policies, which it calls "collective suicide". The group has drawn attention for staging protests in Lacolle, Quebec, against asylum seekers who enter Canada across the Canada–United States border on Roxham Road. It has called them "illegal immigrants" and has demanded the Government of Canada reimburse the province of Quebec for the costs incurred for handling them.
Roxham Road is a 5-mile (8.0 km) rural road from the former hamlet of Perry Mills in the town of Champlain, New York, United States, generally north to the vicinity of the former hamlet of Bogton, in the municipality of Saint-Bernard-de-Lacolle, Quebec, Canada. It has existed since the early 19th century, before the Canada–United States border was formally established along the 45th parallel north between the St. Lawrence and Connecticut rivers. For most of its length it is a rural two-lane blacktop; north of Parc Safari, it is also part of Quebec Route 202.
The immigration policy of American President Joseph Biden initially focused on reversing many of the immigration policies of the previous Trump administration, before implementing stricter enforcement mechanisms later in his term.