Irregular Migration

Classification: Unclassified

Branch/Agency: SPB/CBSA

Proposed Response:

• Since 2017, Canada’s asylum system has faced pressures due to the significant rise in the volume of asylum seekers entering Canada between ports of entry (POEs), which primarily occur in three locations: Quebec, Manitoba and British Columbia.
• The CBSA works with other government departments to maintain border security and integrity, preserve the integrity of the immigration system and ensure that asylum claimants are treated with compassion and efficiency.
• The CBSA is committed to addressing and reducing the recent influx of asylum claims in Canada by:
  • detecting and discouraging the misuse of Canada’s visa system; and
  • continuing to manage effectively arrivals at the border.
• Compared to last year, there has been a decrease in irregular claims between POEs and an increase in asylum claims at POEs. 
• While this is a positive development, the Agency continues to closely monitor the situation and remains vigilant and prepared to respond should that change. 

Financial Implications:

• Funding sought in 2019-20 through Budget 2019 and 2019-20 Supplementary Estimates:
• The CBSA received temporary incremental funding in the amount of $106.3M through the 2019-20 Main Estimates Budget Implementation Vote (BIV) to process asylum claims in excess of base funding and to remove failed refugee claimants and inadmissible persons from Canada.
• The CBSA also received $20.1M through the 2019-20 Annual Reference Level Update/Main Estimates Vote 1 (related to Budget 2018)  to process asylum claims in excess of base funding and to remove failed refugee claimants and inadmissible persons from Canada.

2020-21 Main Estimates (not yet tabled):

• Through the 2020-21 Main Estimates, the CBSA is expected to receive $118.5M (excluding Employee Benefit Plan) to support:
  • the processing of individuals at ports of entry:
  • post-border activities such as attending hearings before the Immigration and Refugee Board and conducting immigration enforcement activities, up to and including the removal of failed refugee claimants and inadmissible persons from Canada.

Background:

The Royal Canadian Mounted Police (RCMP) is responsible for enforcement between the ports of entry (POEs) along the border. The CBSA is responsible for enforcing Canadian legislation at POEs. Persons entering Canada between the POEs are arrested by the RCMP or by a local law enforcement officer. Those who indicate that their intention is to make an asylum claim are brought to a CBSA officer at a POE. Once the police have conducted an assessment for national security or other criminal activity, a CBSA officer will then determine the admissibility of the person and the eligibility of the claim under the Immigration and Refugee Protection Act (IRPA).

During the initial admissibility determination, a CBSA officer will verify the identity of asylum seekers using both biographic and biometric information; and conduct an assessment for security, criminality and health purposes. This assessment includes a review of international and other partner databases for any immigration, criminal or national security concerns, as well as an interview.

People who are known criminals or security threats and people who have already had an asylum claim rejected in Canada are not eligible to make a claim, and are subject to removal. If an officer believes that a person is inadmissible under the IRPA, an inadmissibility report may be written and referred to the Immigration and Refugee Board (IRB) for an admissibility hearing. If grounds for detention exist, the person may be detained under the IRPA. Detention is a last resort and detention decisions are reviewed by the IRB on a regular basis, with the first review occurring within 48 hours of detention (or as soon as possible afterwards). From April 1, 2017 to November 20, 2019, less than 1% of asylum seekers have been reported for serious criminality at the time of the refugee intake process or interception, and 2.5% have been detained.

Prior to a hearing at the IRB, a front end security screening (FESS) is completed on all adult asylum claimants. The purpose of FESS is to identify any serious inadmissibility concerns relating to national security, war crimes and/or crimes against humanity, and organized crime. The FESS is conducted by the CBSA with information from other partner agencies, including; the RCMP, Canadian Security Intelligence Service (CSIS) and Immigration, Refugees and Citizenship Canada (IRCC). The time required to conduct FESS screening varies based on multiple factors, such as complexity, level of detail, availability of information and research required for higher complexity cases which require more evidence to substantiate the case. Under the current regulatory framework, these individuals remain under examination up until the time of their hearing, and may be asked to subsequently report to a CBSA officer during this period, including once the FESS process has been completed, in the event potential serious inadmissibility concerns are identified.

From January 1 to December 31, 2019, there have been 16,503 persons intercepted by the RCMP between POEs. During the same period in 2018, a total of 19,419 persons were intercepted.

To respond to the unprecedented number of persons arriving between the POEs, the CBSA implemented the following measures, including:

• the acquisition of additional infrastructure (buildings, trailers, tents, showers, etc.);
• surging additional staff from across the country to the locations of high volume;
• engaging the Canadian Red Cross and l’Agence Services Santé to provide humanitarian and medical services;
• providing bus transportation to move processed asylum seekers away from Lacolle; and
• working with IRCC support efforts to increase capacity by streamlining processing and improving system-wide efficiency.

The CBSA continues to review and revise its national and regional operational response plans with partners to incorporate best practices from Quebec to ensure we are prepared in the event increased volumes occur in another location(s). 

Asylum seekers whose claims are not eligible to be referred to the IRB, or are refused protection at the IRB, are subject to removal from Canada. Once all avenues of appeal have been exhausted, the conditional removal order that was issued at the time the asylum claim was initially made becomes enforceable and removal can be undertaken provided there are no impediments to removal. Individuals who fail to appear for a removal interview or for removal may become the subject of a Canada-wide arrest warrant and may be detained prior to removal.

Budget 2019 Investments

• Overall, Budget 2019 invests $1.18 billion over five years, starting in 2019-20, and $55 million per year ongoing, to enhance the integrity of Canada’s borders and asylum system, including $382 million to the CBSA over five years with $7.3 million per year ongoing.
• These investments support the Border Enforcement Strategy, and increase the asylum system’s capacity in order to provide timely protection to refugees and ensure timely removal of failed asylum claimants.
• This approach has 3 main pillars:
  1. Detect and discourage misuse of Canada’s visa system, by preventing travel to Canada by individuals who may not be legitimate temporary visa applicants;
  2. Manage arrivals at the border, while ensuring the safety of Canadians, and maintaining contingency plans in the event of an influx of asylum seekers; and
  3. Invest in the asylum system for a fast, fair and final system by processing more asylum claims faster and by removing those who do not need Canada’s protection.

In June 2019, a number of legislative amendments to the Immigration and Refugee Protection Act came into force to better manage, discourage and prevent irregular migration along Canada’s border, including:

• A new ground of ineligibility to prevent individuals who have previously claimed asylum in certain countries from making a claim in Canada (i.e. the United States, United Kingdom, Australia and New Zealand);
• New authorities to allow the government to respond to recalcitrant countries that refuse to provide travel documents for their nationals;
• New restrictions to bar failed claimants from applying for a pre-removal risk assessment (PRRA), temporary resident permit (TRP), or humanitarian and compassionate consideration (H&C) for 12-months following a negative decision on their claim; and
• The elimination of statutory timelines that previously required officers to determine whether a claim was eligible to be referred to the Immigration and Refugee Board of Canada (IRB) within a three-day period. 

Contacts:

Prepared by: Michael Saray, A/Manager, 613-954-7234

Approved by: Kathy Thompson, Vice-President, 613-941-4937

Date modified:

2020-09-10