IRCC Deputy Minister Transition Binder 2022: Irregular Migration

July 2022

Purpose

• Provide an overview of current and emerging hot issues receiving media and stakeholder attention, including:
  • Interim Lodging Site and Capacity;
  • Securing Funding for Interim Lodging Sites;
  • Provincial and Territorial Engagement;
  • Safe Third Country Agreement;
  • Safe Third Country Agreement – Litigation.

Interim Lodging Site and Capacity

• In line with the federal response to the COVID-19 pandemic and with the Orders in Council (OIC), IRCC was mandated to provide temporary accommodations to unvaccinated asymptomatic asylum claimants without a suitable quarantine plan.
• Since the lifting of the restrictions in the OiCs prohibiting entry on November 21, 2021, there has been a large increase in asylum claims between designated ports of entry at the US-Canada land border.
• IRCC began providing temporary accommodation to asylum claimants in Quebec for their period of quarantine. IRCC also provides accommodation beyond the end of the quarantine period, as well as for vaccinated claimants, while provincial shelters are at capacity.

State-of-Play

• As of July 11, 2022, IRCC has 1,721 rooms leased in 24 hotels across 12 locations in Canada and continues to work closely with PSPC to secure additional rooms that will provide coverage for the summer months as volumes are anticipated to be higher.
• In the last few months, there has been a significant increase in airport arrivals, mainly in Montreal. Near the end of June, the Quebec shelter system reached full capacity and stopped taking referrals from IRCC hotels and began turning away airport claimants, sending them to IRCC. This resulted in IRCC’s hotel capacity in Quebec becoming quickly overwhelmed. Therefore, on June 30, and in advance of the long weekend, IRCC began to transfer asylum claimants from Quebec to Ontario, specifically to Ottawa and Niagara Falls.
• IRCC will be meeting regularly with both the City of Ottawa and the Niagara Region to ensure information sessions are provided to asylum claimants (e.g. how to access Ontario Works, community integration etc.) and to address any concerns from the municipalities given their limited shelter and affordable housing capacity.
• The number of arrivals is projected to increase in the summer months. The latest data on asylum claims and interceptions can be found here: Asylum claims by year – 2022 - Canada.ca
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Securing Funding for Interim Lodging Sites

• As the Department’s role in providing accommodation for asylum claimants  beyond the quarantine mandate is not clear, no permanent funding has been provided

State-of-Play

• All hotel leases and service provider contracts have been extended to end of September 2022 to ensure operational readiness.
• Given the accommodation crisis in Quebec, IRCC quickly invoked its surge support contract to secure an additional 300 hotel rooms in Niagara Falls from July 1 to 18. While this option is not cost effective, it was the only immediate solution in this circumstance.
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Provincial and Territorial Engagement

• Irregular migration remains an area of concern for Provinces and Territories (PTs), especially Quebec, Ontario, and British Columbia. The primary concern from a PT perspective is capacity to absorb a potential surge of asylum claimants.
• While claims between the ports take place at various locations, it is primarily an issue at Roxham Road in Quebec where over 95% of between the port claimants enter Canada.
• In November 2021, to assist the Province of Quebec, the Ministers of IRCC, PS and Health committed to providing accommodation for claimants during and beyond their quarantine period.

State-of-Play

• IRCC has engaged regularly with jurisdictions with an emphasis on sharing the latest information, ensuring PTs are prepared for a potential surge, enhancing operational readiness and clarifying roles and responsibilities.
• Some PTs have positioned increasing asylum volumes as a federal responsibility and have requested compensation to manage increased pressures on social services (e.g. temporary shelter, housing).
• The 2019 temporary Interim Housing Assistance Program (IHAP) was renewed in December 2021 until March 31, 2023, and will enable the Government to reimburse provinces and municipalities for their interim housing costs incurred for asylum claimants in calendar years 2021 and 2022.

Safe Third Country Agreement

• The Safe Third Country Agreement (STCA) is one of the main tools that helps Canada and the U.S. manage pressures on their domestic refugee protection systems.
• The STCA has been in place since 2004, and is based on the principle, accepted by the United Nations Refugee Agency, that individuals are expected to seek asylum in the first safe country they arrive in.
• The Agreement was signed in recognition that Canada and the U.S. maintain the same commitment to protect human rights and both benefit from refugee protection systems that meet international standards.
• In order to ensure the U.S. continues to meet the criteria for designation as a safe third country, IRCC tracks developments in the U.S. as set out in subsection 102(2) of the Immigration and Refugee Protection Act (IRPA) (STCA Review).

How does the STCA work?

• Asylum claimants are required to seek protection in whichever country they enter first.
  • The STCA only applies at official land ports of entry, where entry is visually confirmed.
• Asylum claimants entering Canada from the U.S. are returned to that country, unless it is determined that they fit an exemption/exception to the STCA (and vice versa for the U.S.)
• The STCA includes exemptions for U.S. citizens and exceptions for: family members of persons in Canada; unaccompanied minors; holders of certain Canadian documents; and public interest cases.

Safe Third Country Agreement – Litigation

• The STCA has been in litigation since 2017. Canada is the respondent in the current appeal to the Supreme Court of Canada.

State-of-Play

• In July 2020, the Federal Court found that the STCA regime violated s. 7 of the Charter. On April 15, 2021 the Federal Court of Appeal granted Canada’s appeal and dismissed the applicants’ cross-appeal. An application seeking leave to appeal to the Supreme Court of Canada was granted on December 16, 2021.
• Hearing is expected to take place the week of October 3, 2022. A decision could be rendered any time after the hearing (anticipated within 4 to 6 months following the hearing).
• The STCA remains in effect. IRCC continues to review the ongoing designation of the United States as a safe third country as required pursuant to subsection 102(3) of the Immigration and Refugee Protection Act (IRPA). IRCC continues to engage with the United States in support of the Minister’s mandate to modernize the STCA.