No Room at the Inn? Take the Underground Railroad

by Tim Wichert
December 12, 2002
Refugee Assistance

A new agreement to stem the flow of refugees was signed in Washington by the Governments of Canada and the USA in early December. According to Canada's Minister of Immigration, Denis Coderre, the only way to "regulate the system" and reduce the number of refugees seeking asylum is to close the door. There's no room at the inn.

The agreement was drafted in the summer of 2002 as part of a "Smart Border" security plan, and covers refugees crossing the border between Canada and the USA. Canada has been trying for years to cut off access for the 15,000 refugees that arrive each year via the USA. It tends to be easier for refugees to get flights and visas to the USA, and those coming overland from Latin America must travel through the USA. In the past, the US Government was happy to see these people continue on to Canada. But since 9/11, the US Government has finally been willing to capitulate, most likely in return for other major concessions on security issues.

The Canadian Government is clearly delighted with this new refugee equation. Up to 15,000 refugees a year, or half of total asylum seekers, will no longer need to be processed by the Canadian asylum system. Meanwhile, Canada will process the 200 refugees on average that try to get to the USA from Canada (and has also agreed to resettle 200 refugees from elsewhere). All refugees will need to apply in the first country they reach, and will be unable to go "asylum shopping" wherever they choose. It seems to be a good deal for the Canadian Government.

But there are a number of reasons why this agreement should be scrapped.

First, refugees usually have good reasons for choosing their country of destination. They want to be reunited with family and friends. They want to settle in communities where their language and culture are familiar. Usually, they are pursuing a dream for a better life in a country they have seen pictured in the media. Further, there tend to be more generous provisions for those seeking a new life in Canada: most refugee claimants have access to free legal aid, along with social assistance (if needed), and health care. And temporary work permits are more easily obtained in Canada than the USA.

Second, there are important differences between asylum policies in Canada and those in the USA. Refugee women escaping persecution and abuse are more likely to receive asylum in Canada than in the USA, because of more generous gender guidelines. Canada has also developed more progressive policies for accepting people fleeing "generalized violence" - those caught in the crossfire - who may have difficulty fitting within the specific criteria of the UN refugee definition. For political reasons, some people are more welcome in one country than the other. In the 1980's, for example, most refugees fleeing Central American conflicts were unwelcome in the USA, but were welcome in Canada. Further, many refugees are reluctant to seek asylum in the USA because of very stringent detention policies. Refugees may be detained indefinitely, and confined alongside convicted criminals. Many who have themselves fled arbitrary detention in their own countries end up languishing in jail in America.

A third reason the new agreement should be dropped is the procedural nightmare that will likely result from the proposed process. Refugees will become stuck in legal limbo as they await decisions on whether they fit within the "exceptions". For example, those with close relatives in Canada will be let in to seek asylum, but first they must prove that someone is really their sister, or brother. Will they require a certified family tree, or DNA tests? Children under 18 can also get through, but it's unclear how authorities will determine age when there are no documents. And desperate parents might simply send their children alone to make a refugee claim, if it means they'll get a foot in the door.

But the fourth, and most significant, reason why this so-called "Safe Third Country" agreement is flawed is because it will encourage people to go underground. The new process will bar people from applying for asylum at official border crossings, but not from applying at an immigration office within Canada. In other words, those who try and make a claim at the border in an orderly manner will be turned back, while those who are smuggled in will be allowed to proceed. The dangers are obvious. The border with Canada might someday resemble the border with Mexico, where an estimated 300 people die each year trying to sneak across.

Church groups have pledged to create a new Underground Railroad, so that refugees and their families fleeing danger may reach the safety of Canada. The Sanctuary Coalition of Southern Ontario has said: "We are prepared to risk fines, even imprisonment in order to protect human life and freedom".

It is anticipated that the controversial new policy will take effect sometime in the new year, but no clear date has been set. The signing on December 5 started a new wave of refugee arrivals in Canada, as people try to get in before the door closes.

Ironically, as one door officially closes, an old one will re-open. The Underground Railroad that brought American slaves to freedom in Canada over 100 years ago will now bring refugees seeking asylum. Here in Canada, many of us eagerly await their arrival.

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