Mexican Drug Cartels
Classification: Unclassified
Branch/Agency: CBSA
Issue:
Recent media attention around members of drug cartels who have entered Canada since the visa requirement for Mexican travelers was waived.
Proposed Response:
- Since December 1, 2016, the lifting of the visa with Mexico has resulted in Canada welcoming nearly 1.3 million visitors to this country, generating millions in economic benefits.
- In 2019, media reported that that 400 individuals connected to drug cartels entered Canada.
- At the time, the CBSA conducted a thorough examination of its databases and determined that there was no evidence to suggest there were 400 foreign nationals in Canada with links to Mexican cartels.
- I can confirm that the CBSA determined that the number of inadmissibility cases for all types of criminality for Mexican foreign nationals during this period referenced by the media was 238.
- Of these 238 cases, 27 were reported inadmissible due to links to known organized criminality, 3 of which were for suspected linkages to cartels.
- All 27 of these people have been removed.
If pressed:
- The CBSA works with our domestic and foreign security partners to detect and prevent illegal cross-border activity, such as organized crime and the smuggling of narcotics.
- The CBSA examines travellers and goods at several stages of their journey: as early as possible abroad, in transit and on arrival at the Canadian border.
- Since December 1, 2016, the CBSA intercepted over 7,400 Mexican nationals overseas for being improperly documented, or for suspected fraud of travel documents. Of these, 5,238 interceptions occurred in calendar year 2019 alone.
If pressed on removals:
- The CBSA prioritizes removals of persons inadmissible to Canada on safety or security grounds, along with failed irregular arrival refugee claimants.
- In Budget 2019, the CBSA received $381.8 million over five years and $7.3 million in ongoing funding to support the implementation of the broad Border Enforcement Strategy, which includes funding for enforcement and removals.
- Since visa requirements for Mexico were lifted on
December 1, 2016, the CBSA has enforced the removal of 5,003 Mexican nationals. Of those cases, 4,408 cases had their removal order issued post visa lift.
If pressed on fraudulent passports:
- I can confirm that 18 of the inadmissible individuals attempted to enter Canada using improperly obtained or fraudulent Mexican documents, 2 of whom were organized crime members.
- CBSA has highly developed systems to respond to the threat of passport fraud from Mexico and other countries, including early identification, targeting, intelligence gathering, and overseas interdiction.
Background:
Mexican Organized Crime Members
Recent media articles in the Toronto Sun, La Presse, TVA Nouvelles and Le Journal de Montréal reported “400 criminals have recently entered Canada to traffic drugs.
CBSA conducted a thorough examination of its intelligence or report holdings and found nothing that suggested that there were 400 individuals in Canada with links to Mexican cartels. Its examination confirmed that 404 individuals were determined to be inadmissible to Canada for all types of criminality for the period of January 1, 2018 to May 27, 2019. The CBSA determined that a number of these cases were duplicate records, and the actual number of inadmissible cases was 238.
Of the 238, the following were inadmissible for:
- 27 individuals were reported inadmissible due to serious criminality linked to known organized criminality. Of the 27, 3 individuals were cartel members, 21 were gang members and 3 individuals were involved in human smuggling organizations. It is important to note that all of these organized crime members have been removed from Canada.
- 154 individuals were reported as inadmissible due to serious criminality which includes convictions for the following crimes: sexual assault, aggravated assault, drug trafficking, child pornography, rape of a child, manslaughter, drug trafficking.
- 57 individuals were reported as inadmissible due to crimes such as assault, theft under $5000 and DUI.
Removals
The CBSA has the mandate to investigate, report, arrest and remove all foreign nationals and permanent residents who are inadmissible to Canada.
A foreign national or a permanent resident may be inadmissible to Canada for a number of reasons, including criminality and organized crime grounds.
The Inland Enforcement Program of the CBSA will initiate an investigation when it becomes aware of a possible Immigration and Refugee Protection Act (IRPA) violation and will take appropriate enforcement action based on a prioritization framework, which ensures that cases involving the highest degree of risk are actioned and that persons whose removal may be imminent are not delayed. If the evidence gathered supports the inadmissibility, the CBSA will prepare a report setting out the relevant facts.
Depending on the type of inadmissibility and the status of the person in question, inadmissibility reports are reviewed by either a CBSA Minister's Delegate or the Immigration Refugee Board (IRB), an independent decision-maker.
Immigration databases do not track foreign nationals based on membership to a specific criminal organization, however, the CBSA can provide some details on enforcement actions in relation to Mexican nationals, criminality and organized crime in general.
- Since April 1, 2019, the CBSA concluded 2,808 investigations into Mexican nationals for violations of the IRPA. Of these concluded investigations, 261 of these investigations were into organized criminal activity, but this does not mean all were in fact involved in criminal activity.
- Since January 2018, the CBSA also prepared inadmissibility reports (s.44 of the IRPA) for criminality (s.36) for 533 persons and for organized criminality for 68 persons. However, it should be noted that this may be higher as there may be more persons whom the CBSA believes are involved in organized criminal activity, but are either still investigating them or do not have the evidence to pursue an enforcement proceeding at this time.
On Fraudulent Passports
In total, 18 inadmissible individuals attempted to enter Canada using fraudulent Mexican documents. With respect to organized crime members, as noted above, two individuals presented fraudulent Mexican documents at the POE, and had their passport seized.
CBSA Intelligence and Enforcement Branch indicates that the Mexican passport is a sought after document by organized crime members and criminal actors from other countries. The CBSA has developed strategies to respond, namely in the areas of early identification, effective targeting, intelligence and support to ports of entry. CBSA Liaison Officers work with airlines and local authorities to identify document fraud and abuse, ensure travelers are properly documented, and intercept those who are not. Since December 1, 2016, the CBSA intercepted over 7,400 Mexican nationals for being improperly documented, or for suspected fraud of travel documents.
On the Mexico Visa Lift
In 2009, Canada imposed a visa requirement on Mexico, which led to a 97% decrease in refugee claims from Mexico (9,500 claims in 2008 to 300 refugee claims in 2012). While successful in its intended goal of reducing refugee claims, the visa had become a major bilateral irritant as Mexico is Canada’s third largest trading partner, with more than 1,000 Canadian companies operating in Mexico (e.g. automotive, aerospace, agriculture).
To alleviate the bilateral irritant, the visa requirement on Mexico was lifted on December 1, 2016, with conditions that would need to be met prior to the visa lift. The conditions included ongoing airside access to airports in Mexico from which international flights (commercial, private, or chartered) operate to and from Canada, enhanced accountability for fraudulent intercepted passports, a service standard for providing documents for removals, launch of traveller awareness activities and established milestones and deliverables for re-invigorating the High Level Dialogue on Mobility.
Contacts:
Travelers Branch:
Prepared by: Alyssa Herage, Director, Traveller Programs, 613-954-6319
Approved by: Denis R. Vinette, Vice-President, Travellers Branch, 613-952-5269
Intelligence and Enforcement Branch:
Prepared by: Christian Lorenz, Intelligence and Enforcement Branch, 902-499-0836
Approved by: Jacques Cloutier, Vice-President, Intelligence and Enforcement Branch, 613-948-4111
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