Undocumented Migrants and Vaccines

Date: April 27, 2021

Classification: unclassified

Fully releasable (ATIP)? Yes

Branch/Agency: IEB/CBSA

Issue:

Recent media coverage in which migrant advocates have stated that fear of immigration enforcement is keeping undocumented migrants away from vaccine clinics.

Proposed Response:

Background:

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) has an obligation to pursue enforcement action, including removal of inadmissible foreign nationals. 

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; based on a family member’s inadmissibility, and non-compliance with the IRPA (e.g., overstaying the time you are permitted to remain in Canada).

The CBSA places its highest priority on cases involving national security, organized crime, crimes against humanity and criminals as well as failed refugee claimants who arrived as by entering Canada between designated ports-of-entry.

Every foreign national subject to immigration enforcement is entitled to due process before the law and all removal orders are subject to various levels of review. Foreign nationals have the right to file an application for leave and judicial review before the Federal Court, throughout the process, accompanied by a stay motion in the case of those facing imminent removal.

Only once all legal avenues of appeal have been exhausted will the CBSA action the removal.

The CBSA has a legal obligation to remove individuals who have no legal right to stay in Canada as soon as possible. The CBSA is firmly committed to doing so.

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