The STCA is an agreement between the United States and Canada that requires refugees to make a refugee claim in the first “safe country” they arrive in. This means that most refugee claimants found crossing into Canada from the United States will be deported back to the U.S. immediately to make their refugee claim there. But let’s be clear: The US is not a “safe country” for refugees. Refugees in the US are often imprisoned in detention centers where they are physically and mentally abused.
There are some exceptions to the STCA. For example, if the refugee claimant has a family member in Canada who is a Canadian citizen or permanent resident, or has a Canadian work or study permit. Other exceptions include children under 18 years old who arrive without their parents or legal guardian.
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The STCA forces migrants to go into hiding and puts their lives at risk
When it was first established in 2004, the STCA only applied to “official” border crossings, like airport security. But on March 23, 2023, it was expanded to the entire 9,000 km US-Canada border. What this means is that migrants crossing into Canada at so-called “irregular” border locations, like Roxham Road in Quebec, will now be turned back to the United States.
The STCA was also amended so that if a refugee is found within 14 days of crossing the border, they will be deported immediately. This new rule forces refugees to go into hiding for over two weeks where they would be more likely to be exploited as they struggle to find shelter, work and healthcare.
The expanded STCA will not stop border crossings because refugees are forced to migrate in search for a better life. But it will drive migrants to use even more remote and dangerous routes to cross. Only a week after the STCA was expanded, 8 migrants including 2 children died crossing the border through the St Lawrence River.
This tragedy was completely avoidable: if migrants had access to permanent residency, they would not have to take such treacherous journeys in search of safety. That is why we stand with migrants demanding status for all and the suspension of the STCA.
What’s happening next with the STCA?
The STCA is being challenged at the Supreme Court of Canada and a decision is expected in 2023. Those fighting to end the STCA argue that being deported and imprisoned in the US deprives refugees of their Charter rights to liberty and security, as well as disproportionately harms women and gender diverse refugees.
Why are we fighting for Status For All?
Regardless of the Supreme Court outcome, we must keep organizing for status for all. Status For All means the STCA would lose its power to unfairly deport migrants without due process. It would mean migrants do not need to live in the shadows and can seek healthcare and fight back against bad bosses.
As a member of the Migrant Rights Network, we are calling on Prime Minister Trudeau to keep his promise to create a regularization program. For this to be done well, we need a regularization program that accepts all undocumented migrants who are already in Canada, as well as all those who want to work or build their lives here. No exemptions. No caps.