Updates on the Northern Border

As we learned last week, the Biden administration is planning to speed up the processing of asylum-seekers at the U.S.-Canada border in response to an unprecedented increase in migrant crossings there. However, hours before the decision by the Biden administration to restrict asylum at the northern border went public, Immigrant ARC was already working with our members, alerting them to the news, and connecting them to other partners to get the details as quickly as possible. We were able to arrange for the first meeting between federal officials and local stakeholders on Northern border issues in years. And working with our members and partners we are creating resources to ensure that providers along the “other” border have what they need to protect asylum seekers and defend their rights to a just process.

Read below for a summary of recent changes at the Northern Border put together by our Upstate & Rural Communities Fellow Amelia Neumayer.

BACKGROUND

In common discourse as well as the press, we often hear more about the United States southern border than its northern one. However, recent changes to how asylum seekers are processed at the northern border greatly impact migrant communities traveling north and south as well as the legal service providers that support them. As a collaborative of member organizations spread across New York State, including counties along the northern border, I-ARC considers it important to engage on northern border issues and to facilitate communication between member organizations and the agencies making decisions about the border. I-ARC hopes to foster greater transparency and information-sharing with its member organizations as well as with migrant communities.

HISTORY AND CURRENT SITUATION

2017 - Roxham Road, an irregular crossing point in Southern Quebec, first became international news, when migrants terrified of the Trump Administration and its scare tactics began fleeing from the US to Canada in higher numbers. 

Forced away from regular border crossings by the stringent restrictions of the Safe Third Country Agreement (STCA), which prevents individuals from transiting through the US or Canada in order to seek asylum in the other, increasing numbers of people began crossing into Canada a few miles away from ports of entry including at Roxham Road. (See 3.23 I-ARC Press Release)

In March 2023 the STCA was expanded to be even more exclusionary and now applies to migrants crossing at irregular crossing points as well as official points of entry. This expansion ostensibly allows Canada to turn back to the US migrants who have decided to try their luck with the Canadian asylum system rather than to seek protection in the United States. 

In fall of 2023 Roxham Road was demolished, forcing migrants towards even more dangerous irregular crossings. High levels of misinformation and word of mouth information-sharing are leading to confusion for migrants trying to cross in either direction. This can be at a minimum frustrating and at its worst extremely dangerous as migrants get stuck outside in treacherous conditions, which has led to several deaths.

Our partners on the ground on both sides of the border are struggling to respond to the situation. There is a scarcity of shelters and lack of funding for expanding programming and resources on the US side, which is contributing to the situation. There are also many complex trans-national legal issues to consider including STCA eligibility, credibility, the impact of exclusion orders, and the impact of US proceedings on Canadian claims. Additionally, under the expanded STCA, potential asylum seekers are routinely turned back from Canada, and there is not a clear way to appeal STCA exemption denials. Unfortunately many legal service providers are not well resourced enough to respond to these issues. 

Canadian leaders are falling into the same traps as their American counterparts: creating restrictionist policies with too few complimentary avenues to enter Canada, which are leading to confusion, chaos, and a system entirely ill-equipped and ill-resourced to manage the needs on either side of the border.

We are also seeing a new trend of irregular North-to-South migration, which is distinct from prior South-to-North patterns. Last week, we learned of a policy change on the US side of the border that reduces the amount of time asylum seekers assessed under the STACA have to consult with counsel (from 24 hours to 4 hours) before being interviewed, and which removes any additional time for asylum seekers to gather documentary evidence to prove exceptions to the STCA. These changes reduce the possibility for migrants to adequately prepare for their interviews and will most likely reduce the number of asylum seekers found eligible under the STCA. 

I-ARC is working to facilitate a meeting with US agencies to encourage greater communication and information-sharing between member organizations supporting communities affected by these changes. I-ARC is also part of the CA-US border network, an informal group meeting monthly to gather information on crossings and working to support migrant communities. Members of the network launched a cross-border clinic this summer and have hired a Canadian attorney to consult on some of the above questions and support other legal service providers in navigating nuanced trans-national casework.

CALL TO ACTION

• Federal Governments need to listen to and coordinate with local governments and legal service providers on both sides of the border to implement real, humane solutions and accurate information-sharing across agencies and communities. Governments and agencies should move away from bandaid solutions and reactionary responses and collaborate with providers on long-term solutions.

• On the NYS side, provide greater funding to legal service providers and pass the Access to Representation Act (S999/A170), which codifies the right of an attorney in immigration court

• Support Canadian efforts such as the new Border Clinic, as it is expected that demand will very quickly exceed capacity for legal expertise on these types of cases.

• Repeal the Safe Third Country agreement, and in the meantime expand the exceptions, and make the reconsideration process for denials of STCA exemptions transparent and accessible to both communities and advocates on either side of the border, and streamline it across all ports of entry so everyone who is found ineligible receives documentation of the reasons of their ineligibility as well as a clear method of appeal.