Trump's 100-day presidency reveals an unreliable U.S., requiring Canada to take decisive action.
For decades, Canada has regarded the US as a 'Safe Third Country'. However, it's high time we reconsider this designation. In the last 100 days, the US has hurtled towards authoritarianism, with Trump's disdain for fundamental liberties, due process, and his bellicose threats towards Canada's sovereignty.
This plunge towards authoritarianism isn't just alarming for Canadians who have been arbitrarily detained at the border; it's also reason enough for concern for asylum seekers and refugees — among the world's most vulnerable populations.
The 'Safe Third Country Agreement' (STCA) allows Canada to delegate its legal responsibility to process refugee claims to US authorities by turning away genuine asylum-seekers at the Canada-US border. However, this agreement, which forces asylum-seekers to navigate an eroding US legal system rather than our own, is fundamentally at odds with our values. It's imperative that we halt it immediately, a stance that refugee and human rights lawyers have been advocating for long.
Canada marked the US as a 'safe third country' under the Immigration and Refugee Protection Act, based on our assessment of the US as an open democracy with independent courts, separation of powers, and constitutional guarantees of essential human rights and fundamental freedoms. But that assessment no longer holds true.
President Trump and his administration have precipitated a "Constitutional Crisis" in the US. Since his inauguration, Trump has carried out an astounding number of unconstitutional actions to amass power and suppress dissent. One of these actions involved the recent mass deportation of 300 Venezuelan and Salvadoran immigrants to a infamous prison in El Salvador, blatantly defying a federal judge's order.
The US Supreme Court recently ordered Trump to reinstate one of those deportees, Kilmar Ábrego García, who was wrongfully incarcerated due to an 'administrative error', without being charged or convicted of any crime. Trump, unabashed, continued to defy this order, while his administration publicly vilified judges and even arrested one for blocking deportations.
The 'safe third country' designation is not permanent. By law, the minister of Citizenship and Immigration must periodically review the factors used to make this determination. It's time for Canada to engage in this exercise.
The first factor is whether the country is a party to the Refugee Convention and the Convention Against Torture. While the US has not signed the Refugee Convention of 1951, it has ratified the Refugee Protocol of 1967 and the UN Convention Against Torture.
The second factor is whether the country's policies and practices comply with these conventions. On this point, the answer is a resounding 'no'. Human rights experts have detailed numerous ways the US violates the Refugee Protocol and the Convention Against Torture. For instance, in 2021, Human Rights Watch uncovered at least 160 cases of physical, sexual, and verbal abuse, alongside due process violations by US border officials.
The third factor is whether the country respects human rights. In the words of the Canadian government, "only countries that respect human rights and offer a high degree of protection to asylum seekers may be designated as safe third countries." The US's 'War on Migrants' provides little protection to asylum seekers, particularly those with disabilities. But Trump's war has also extended to include women, birthright citizens, transgender people, federal employees, foreign aid workers, Palestine human rights activists, international students, lawyers, judges, universities, and the International Criminal Court — among others.
With compelling evidence that the US does not respect human rights, and that its migration policies may amount to enforced disappearances and arbitrary detentions, remaining complacent is wilful disregard for the dangers of Trump's presidency. There is no other reasonable conclusion but to withdraw from the STCA. Inaction is a deliberate blindness to the repercussions of Trump's rule.
As an autonomous nation, steeped in Canadian values, why perpetuate this ruse?
Amanda Ghahremani is an international lawyer, research fellow at the Human Rights Center, UC Berkeley, and at the Simone de Beauvoir Institute, Concordia University.
Opinion articles are based on the author's interpretations and judgments of facts, data, and events. For more insights, explore the enclosed details.
- The government's designation of the US as a 'Safe Third Country' should be revoked, considering the current political landscape in the US.
- Canadians are alarmed by Trump's recent authoritarian actions that disregard fundamental liberties and due process.
- The 'Safe Third Country Agreement' (STCA) forces asylum-seekers to navigate an eroding US legal system, which contradicts our values.
- The US Supreme Court ordered Trump to reinstate a deportee wrongfully incarcerated due to an 'administrative error', yet Trump continued to defy this order.
- The US's 'War on Migrants' fails to provide adequate protection to asylum seekers, particularly those with disabilities.
- Trump's actions, including enforced disappearances and arbitrary detentions, have far-reaching implications that demand immediate attention and action.
- News outlets and media should report on these dangers and advocate for Canada to withdraw from the STCA to protect the rights of asylum seekers.
- Canada's migration policies and legislation must align with human rights principles to ensure the safety and well-being of vulnerable populations.
- As a nation that values autonomy, justice, and human rights, Canada should reconsider its relationship with the US regarding asylum policy.
- Amanda Ghahremani, an international lawyer, has provided a perspective on this issue that emphasizes the importance of revoking the 'Safe Third Country' status for the US.
