The Safe Third Country Agreement (STCA) between the United States and Canada has been in place since 2004. The agreement prevents individuals from making asylum claims in Canada if they have already sought asylum in the United States. However, a recent loophole has emerged that is allowing individuals to bypass this agreement.
The loophole involves crossing the border between ports of entry, such as through forests or unguarded areas. These individuals are able to make their asylum claims in Canada because they did not technically arrive at an official port of entry in the United States. They effectively bypass the STCA due to a loophole in the agreement that only applies to individuals who arrive at official ports of entry.
This loophole has led to a surge in asylum claims in Canada, particularly along the US-Canada border. In 2016, there were just over 2,400 asylum claims made by individuals who crossed the border between ports of entry. By 2018, that number had jumped to over 20,000. The majority of these individuals are from countries such as Haiti, Nigeria, and Somalia.
The Canadian government has responded to the loophole by tightening border security and increasing resources for border officials. They have also sought to renegotiate the STCA with the United States, though negotiations have been slow and contentious.
Critics of the STCA argue that the agreement violates the rights of refugees and asylum seekers by forcing them to seek protection in the first country they arrive in, regardless of whether that country is safe or not. Advocates for the agreement argue that it is necessary to prevent individuals from “shopping” for the best country to seek asylum in.
Regardless of these arguments, the reality is that the loophole in the STCA is allowing individuals to bypass the agreement and make asylum claims in Canada. It remains to be seen whether the Canadian government will be able to close this loophole or whether negotiations with the United States will result in a new agreement.
