The United States and Canada announced an expansion to the Safe Third Country agreement. The updated agreement allows American and Canadian officials to send back asylum-seekers who are not citizens of either country, cross the border at unofficial points, and are discovered within 14-days of crossing the U.S.-Canada border in either direction.

The expansion of the existing Safe Third Country agreement closes a loophole that previously allowed Canada and the U.S. to turn away individuals at official crossings, but not unofficial points. Because the new US-Canada agreement does not require Congressional approval, it can quickly be enforced.

The Safe Third Country Agreement (STCA) requires individuals apply for asylum in the original country of entry, with some exceptions. Some individuals seeking asylum are flying into Canada and then entering the United States from the northern border, and vice-versa.

The number of migrants crossing from Canada to the U.S. has recently climbed. Illegal crossings rose dramatically in a recent five-month period, compared to the same time period in the previous year according to U.S. Customs and Border Protection (CBP) data. Approximately 2,000 migrants crossed the border without authorization from October 1, 2022, to February 28, 2023. Only 200 crossed in the same period the previous year. In response to the increase, the CBP has moved an additional 25 agents to the northern border.

Additionally, the Canadian government also agreed to accept an additional 15,000 migrants from the Western Hemisphere next year on the basis of humanitarian need.

We continue to actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the proper guidance  for their particular situations. If you have questions about any immigration issue, contact us. Our team of attorneys have deep experience and expertise in U.S. immigration.