Civil Society Groups Call for Immediate Suspension of Safe Third Country Agreement With United States of America

TORONTO — The Canadian Association of Refugee Lawyers, Rainbow Railroad, and the Canadian Civil Liberties Association are calling on the federal government to immediately suspend the Canada-US Safe Third Country Agreement.

The U.S. President’s first suite of Executive Orders threatens and endangers trans and gender diverse people and asylum seekers. Within 24 hours of taking office, the President suspended the U.S. Refugee Admission Program, halting the processing of all refugees already approved for resettlement – including LGBTQIA+ refugees, leaving displaced queer and trans individuals stranded in precarious conditions awaiting resettlement. For many queer and trans refugees, resettlement to a third country is their only option to escape violence and persecution.

The STCA came into effect in December of 2004 and was expanded in 2023. It is an arrangement between Canada and the U.S. requiring refugees to seek asylum in the first country they enter, unless they qualify for an exemption. This agreement has enabled Canada to return refugees to the U.S. who arrive at land border crossings and attempt to enter Canada, but do not meet one of the limited exemptions.

“Canada cannot, in good conscience, continue to turn away refugees at the Canada-U.S. border who would subsequently face return to persecution in their home countries,” said Adam Sadinsky, a spokesperson for the Canadian Association of Refugee Lawyers. “We have a responsibility to uphold our international obligations and ensure that asylum seekers are met with safety and dignity—not refoulement. Canada has the power to create exemptions under the STCA for those most vulnerable of refoulement from the U.S. and should use that power now.”

“LGBTQIA+ people seeking asylum are being put under extreme scrutiny, and it’s hindering their right to safety and protection,” says Paxton Santos, Director of Policy and Advocacy for Rainbow Railroad.  “In particular, trans women seeking asylum will experience acute danger if they are detained by immigration enforcement.”

“There are serious equality concerns with the STCA, especially in today’s increasingly hostile climate for some asylum seekers on both sides of the border,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association. “Women fleeing gender-based persecution, as well as trans and gender diverse asylum seekers face serious risks when returned at the border, including detention and deportation.”

CARL, Rainbow Railroad, and the CCLA call on the Minister to take immediate action by suspending the Safe Third Country Agreement with the U.S., issuing a moratorium on removals to the U.S. for those who face increased risks of detention in the U.S. and refoulement, and instituting an exception under Article 6 of the STCA for LGBTQIA+ claimants and those fleeing gender-based violence until the agreement is suspended.