How do the changes to the migration agreement between the United States and Canada affect?

(Spanish CNN) — The United States and Canada recently outlined changes to the Safe Third Country Agreement (STPA), a migration agreement that dates back more than 20 years and in which, until now, there was a legal loophole for migrants who entered Canadian territory through a popular pass known as Roxham Road benefited.

The governments of President Joe Biden and Prime Minister Justin Trudeau defined changes to the agreement on Thursday last week during the US president’s visit to Ottawa, two Canadian officials told CNN.

The changes, which aim to reduce the growing number of crossings from the United States to Canada, come after recent records of record numbers of migrants in the northern region.

To understand the changes to the STCA and how they affect migrants on the U.S. northern border, here are the most important points.

What is the Safe Third Country Agreement?

The Safe Third Country Agreement, signed in 2002, is an agreement aimed at regulating the flow of migrants at the border between the United States and Canada.

As? He STCA calls on migrants to seek asylum in the first safe country they arrive in – unless they qualify for one of the exceptions in the agreement – because failing to do so and seeking asylum first asylum in a second safe country could lead to removal to the first country.

In this case, migrants often first arrive in the United States and then seek to enter Canada. Thus, the United States is the first safe country and they must seek asylum there and not in Canada, which is the second safe country because that is where they are trying to reach American territory.

Until changes agreed on Thursday, the ETPS was only in effect at official ports of entry, so migrants could circumvent the Accord’s rules and enter Canada through the irregular Roxham Road border crossing, which is a remote road that connects Champlain, New York, to Hemmingford, Quebec.

Royal Canadian Mounted Police officers guard the Roxham Road border crossing between the United States and Canada in Champlain, New York, on March 25, 2023. (LARS HAGBERG/AFP via Getty Images)

What has changed in ETPS and what impact does this have on migrants?

As Canadian officials told CNN, an agreement was reached on Thursday to modify the STCA, something that had been negotiated for years.

Canada and United States announced the changes to the agreement on Friday, and effective Saturday, March 25 at 12:01 a.m. Miami time, they went into effect.

But what has changed? Basically, the Safe Third Country Agreement has been extended to “the entire land borderbetween the two countries, whether official entry points or irregular crossing points like Roxham Road.

Thus, the ETPS no longer has a legal vacuum from which migrants can benefit, who must now apply for asylum in the first safe country (the United States). If they are passing through the second safe country (Canada) and have not claimed asylum in the first, they will be returned, unless they meet one of the exceptions in the Agreement.

Exceptions to the Agreement

Migrants who enter Canada from the United States without having made a refugee claim there can apply to find out if they are eligible for one of the exceptions set out in the Safe Third Country Agreement. The text of the pact emphasizes that

exist four types exceptions in the STCA. The text of the pact emphasizes that these they take into account the importance of family unity, the best interests of children and the public interest. So, the exceptions are:

  1. Exceptions for family members
  2. Exception for unaccompanied minors
  3. Exceptions for Current Immigration Document Holders
  4. Public interest exceptions

To benefit from one of the four types of exceptions, you need the following:

1. Exceptions for family members

According to the Government of Canada, migrants may qualify for this category if they have a family member who:

  • “is a Canadian citizen”
  • “is a permanent resident of Canada”
  • “is a protected person under Canadian immigration law”
  • “claimed refugee status in Canada and was accepted by the Immigration and Refugee Board of Canada (IRB)”
  • “His deportation order has been suspended for humanitarian and compassionate reasons”
  • “holds a valid Canadian work permit”
  • “holds a valid Canadian study permit”
  • “is over 18 and has a refugee claim that has been submitted to the IRB for decision. (This claim must not have been withdrawn by the family member, declared abandoned or denied by the IRB, or deemed ineligible to forward to the IRB)”

2. Exception for unaccompanied minors

Migrants under 18 who:

  • “are not accompanied by their mother, father or legal guardian”
  • “they have no spouse or legal partner”
  • “not have a mother, father or legal guardian in Canada or the United States”

3. Exceptions for Current Immigration Document Holders

Migrants could fall into this category if they:

  • “hold a valid Canadian visa (other than a transit visa)”
  • “they hold a valid work permit”
  • “they hold a valid study permit”
  • “hold a valid travel document (for permanent residents or refugees) or other admission document issued by Canada”
  • they don’t have to [exentos] obtain a temporary resident visa to enter Canada, but need a US-issued visa to enter the United States. »

4. Public interest exceptions

Migrants may fall into this category if they:

  • “have been charged or convicted of a crime punishable by death in the United States or a third country. However, a refugee claimant is not eligible if they have been found inadmissible to Canada for security reasons, for violation of human or international rights, or for serious crimes, or if the Minister considers that the person is a danger to the public”

With information from CNN’s Polo Sandoval, Priscilla Alvarez and Phil Mattingly.

Theodore Davis

"Entrepreneur. Amateur gamer. Zombie advocate. Infuriatingly humble communicator. Proud reader."

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