( Spanish) — The United States and Canada recently defined changes to the Safe Third Country Agreement (STCA), an agreement on migration that dates back more than 20 years and in which, until now, there was a legal vacuum of the that 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 the modifications to the agreement on Thursday of last week, when the US president visited Trudeau in Ottawa, two Canadian officials told .
The changes, which are intended to reduce the growing number of crossings from the United States to Canada, come after record numbers of migrants in the northern region were recently recorded.
To understand the changes to the STCA and how they affect migrants at the US 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 to regulate the flows of migrants on the border between the United States and Canada.
As? He STCA calls on migrants to apply for asylum in the first safe country they arrive—unless they qualify for one of the Agreement’s exceptions—as failure to do so and first seek asylum in a second safe country could result in being returned to the first country.
In this case, migrants often first arrive in the United States and then seek to cross into Canada. Thus, the US is the first safe country and they must apply for asylum there and not in Canada, which is the second safe country because that is where they are trying to reach through US territory.
Until the changes agreed on Thursday, the STCA was in effect only at official ports of entry, so migrants could bypass the Agreement’s rules and enter Canada through the irregular Roxham Road border crossing, which is a remote road that connects Champlain, New York, with 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. (Credit: LARS HAGBERG/AFP via Getty Images)
What has changed in the STCA and how does it impact migrants?
As Canadian officials told , 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 became effective.
But what changed? Basically, the Safe Third Country Agreement was expanded to “the entire land border” between the two countries, regardless of whether they are official ports of entry or irregular crossings such as Roxham Road.
In this way, the STCA no longer has any legal loophole from which migrants can benefit, who must now necessarily seek asylum in the first safe country (the United States). If they cross into the second safe country (Canada) and did not apply for asylum in the first, they will be returned, unless they meet one of the Agreement’s exceptions.
Exceptions to the Agreement
Migrants who cross into Canada from the United States without having applied for asylum there can file a claim to find out if they are eligible for one of the exceptions established in the Safe Third Country Agreement. The text of the pact stresses that
exist four types of exceptions in the STCA. The text of the pact emphasizes that these they consider the importance of family unity, the best interests of children, and the public interest. Thus, the exceptions are:
- Exceptions for family members
- Exception for unaccompanied minors
- Exceptions for holders of current immigration documents
- Exceptions for public interest
To qualify for any of the four types of exceptions, you need the following:
1. Exceptions for family members
According to the Government of Canada, migrants could 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”
- “has applied for refugee status in Canada and has been accepted by the Immigration and Refugee Board of Canada (IRB)”
- “His expulsion order has been suspended for humanitarian and compassionate reasons”
- “holds a valid Canadian work permit”
- “holds a valid Canadian study permit”
- “is over 18 years of age and has an application for refugee protection that has been submitted to the IRB for adjudication. (This application must not have been withdrawn by the family member, declared abandoned or rejected by the IRB, or deemed ineligible to be forwarded to the IRB)”
2. Exception for unaccompanied minors
Migrants under 18 years of age who:
- “are not accompanied by their mother, father or legal guardian”
- “they do not have a spouse or legal partner”
- “have no mother, father or legal guardian in Canada or the United States”
3. Exceptions for holders of current immigration documents
Migrants could qualify for this category if they:
- “hold a valid Canadian visa (other than a transit visa)”
- “they are holders of a valid work permit”
- “they are holders of a valid study permit”
- “hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada”
- they are not required [exentos] to obtain a temporary resident visa to enter Canada, but need a US-issued visa to enter the US.”
4. Exceptions for public interest
Migrants may qualify for this category if they:
- “have been charged or convicted of a crime punishable by death in the United States or in a third country. However, a refugee claimant is not eligible if they have been declared inadmissible to Canada for security reasons, for violating rights human or international, or for serious crimes, or if the minister considers that the person is a danger to the public”
With information from ‘s Polo Sandoval, Priscilla Alvarez and Phil Mattingly.
