News Americas, New York, NY, February 3, 2025: Amid growing concerns over the treatment of refugees and asylum seekers in the United States, Amnesty International Canada and the Canadian Council for Refugees are calling on the Canadian government to withdraw from the Safe Third Country Agreement, (STCA) immediately.
The STCA, which bars most individuals crossing from the U.S. into Canada from seeking refugee protection, is based on the premise that both countries uphold asylum rights. However, advocates argue that the current political climate in the U.S., particularly under President Trump’s latest anti-immigration policies, has made it unsafe for many seeking refuge.
Trump’s Immigration Policies Raise Urgency
Ketty Nivyabandi, Secretary General of Amnesty International Canada, criticized the agreement, stating, “President Trump’s extreme anti-immigrant and anti-asylum orders are designed to instill fear and make the U.S. dangerously more unsafe for those seeking protection.” She added that Canada’s continued participation in the STCA is a “cruel irony” for those fleeing persecution.
In 2017, Amnesty International Canada, the Canadian Council for Refugees, and the Canadian Council of Churches launched a legal challenge against the STCA, arguing that returning asylum seekers to the U.S. violates sections 7 and 15 of the Canadian Charter of Rights and Freedoms. In a partial ruling in 2023, the Supreme Court of Canada upheld the agreement’s constitutionality but acknowledged that border agents must ensure refugee claimants are not placed at risk. Critics argue that these so-called “safety valves” are ineffective.
Lack of Protection for Vulnerable Refugees
Diana Gallego, President of the Canadian Council for Refugees, highlighted the risks faced by marginalized asylum seekers under the STCA. “For example, a trans refugee approaching the border today can expect to be sent directly back to the U.S. without being offered any recourse, even though the U.S. government has been ordered to deny the person’s very identity,” she said.
Advocates argue that Article 6 of the STCA gives Canada the legal authority to admit refugees on a case-by-case basis when it is in the public interest. However, they insist that full withdrawal from the agreement is the only way to ensure refugees are protected.
As Trump’s immigration policies continue to escalate, pressure is mounting on Canada to reconsider its stance on the Safe Third Country Agreement and uphold its commitment to human rights and refugee protection.
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