Safe Third Country Agreement

Why the Safe Third Country Agreement is Under Intense Pressure After the US Asylum Freeze

Growing concern surrounds the safe third country agreement as the United States stops most asylum processing. Lawyers and refugee advocates say the agreement only works when both countries provide fair access to protection, and many now doubt whether that standard is still being met. These developments have sparked a new debate in Canada about its responsibilities and how it should respond to people who may no longer have a safe avenue in the United States.

How We Reached This Turning Point

The recent decision in the US to stop processing many asylum claims changed the landscape overnight. Lawyers, advocacy groups, and scholars say the agreement was built on the idea that both countries respect the UN Refugee Convention and keep functional asylum systems.

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If one partner stops giving access to protection, critics argue, the basic logic of the arrangement collapses.

The Debate Around the Safe Third Country Agreement

Opinions differ sharply. On one side, refugee advocates say the agreement should be suspended or at least significantly revised. On the other, some policy advisors warn that changes could trigger higher claim volumes at border crossings.

Key concerns include:

  • Whether asylum seekers still have a real chance to present their case in the US
  • How many people might attempt to reach Canada if the rules change
  • The capacity of the Immigration and Refugee Board to process more hearings
  • The pressure on housing, legal aid, and social services in major cities
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The courts may also be asked to decide whether the agreement remains valid.

Possible Paths the Government Could Take

Canada has several options on the table:

  • Suspend the agreement, either fully or in part
  • Expand exemptions for certain groups, such as families or high-risk profiles
  • Keep the current rules while monitoring the US situation closely

Each path carries political, legal, and practical consequences, both domestically and in the Canada–US relationship.

What This Means for People Seeking Asylum

For individuals in the US who hope to claim protection in Canada, the situation is very fluid. A sudden suspension could open the door to more claims, but it could also lead to slower processing times.

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Anyone considering a claim should avoid rushed decisions and should seek proper legal advice before moving or crossing a border. Timing, documents, and personal history will all matter.

The future of the safe third country agreement is now at a crossroads. Canada must weigh its international obligations, domestic capacity, and relationship with the US while deciding whether to suspend, amend, or maintain the deal. If you or someone you know is considering a refugee or humanitarian application, reach out to ImmigCanada. Our team can review your case, explain realistic options, and help you make informed choices.

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