Canada, U.S. move to redraft border treaty to cut flow of asylum seekers GlobePolitics
Canadian officials would take such asylum seekers to an official crossing, where they would be denied immediate entry. But that plan would have to clear legal hurdles articulated by the Supreme Court that guarantee a hearing to any refugee claimant setting foot in Canada.
The U.S. government source said DHS officials are working with their counterparts at the State Department on the request to start negotiations – formally called a C-175. Under that process, a high-ranking State Department official, usually an assistant secretary, must approve the request. An approval would allow talks to begin, but would not determine the outcome.
In a statement this week, Mr. Blair’s spokesman said Canada and the United States have not yet entered into formal negotiations on the STCA.“However, since his appointment, Minister Blair has met with numerous stakeholders including U.S. members of Congress, Customs and Border Protection and Department of Homeland Security officials to discuss modernizing the STCA as soon as possible," Ryan Cotter said.
Speaking to The Globe and Mail this month, Mr. Blair said Canada is proposing a change to the STCA that would allow Canadian officials to escort asylum seekers who enter at unauthorized entry points to a designated crossing area. There, the border agreement could be applied, allowing Canadian officials to refuse entry to the asylum seekers. The change would apply to the entire border.Mr. Blair explained how it would work in Saint-Bernard-de-Lacolle, Que.
Errol Mendes, a constitutional law professor at the University of Ottawa, says the Singh decision would apply to asylum claimants who cross into Canada between official points of entry and express fear of persecution. He added that while it may be legal to send refugee claimants back to the United States at the moment, a continuing Federal Court challenge may change that. In 2017, the Canadian Council for Refugees, Amnesty International and the Canadian Council of Churches launched a legal challenge to change the designation of the United States as a safe country for refugees. The groups argue that the rights of refugees have been stripped under the Trump administration.
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