Key Takeaways:
- The temporary protected status program for Haitians in the U.S. is set to expire on February 3, leading to an expected increase in illegal crossings into Canada.
- Many Haitian migrants are fleeing the U.S. due to fear of arrest and deportation, and are willing to take the risk of crossing into Canada illegally.
- Changes to the Canada-U.S. Safe Third Country Agreement have made it more difficult for asylum seekers to enter Canada, leading to an increase in dangerous and irregular crossings.
- Migrants who cross into Canada illegally are often deported quickly, preventing them from accessing legal help and making the situation more dangerous.
- The security situation in Haiti is dire, with gangs controlling much of the capital, making it impossible for many migrants to return.
Introduction to the Crisis
The situation at the Canada-U.S. border is becoming increasingly dire, with many Haitian migrants attempting to cross into Canada illegally in hopes of seeking asylum. Frantz André, the head of a Montreal-based migrant advocacy group, reports that his phone rings daily with scared Haitians in the U.S. considering the dangerous journey across the northern border. With the temporary protected status program for Haitians in the U.S. set to expire next month, André expects the number of illegal crossings to rise. Since Christmas Day, at least 27 migrants of Haitian origin have been arrested in Quebec after crossing the border on foot, with several requiring hospitalization for signs of hypothermia and frostbite.
The Fears and Challenges of Haitian Migrants
A single mother of a seven-year-old daughter, who spoke to The Canadian Press on condition of anonymity, is one of the many Haitian migrants considering crossing into Canada. She moved to the U.S. nearly two years ago, but since losing her legal status, she has been living in fear of arrest and deportation. The recent high-profile killing of a woman by an ICE agent in Minneapolis has deepened her anxiety, and she is desperate to find a safe haven for herself and her daughter. Casey Rollins, executive director of non-profit St. Vincent de Paul in Springfield, Ohio, says that the charity hears similar fears daily from Haitian families, who feel overwhelmed and uncertain, with little sense of safety.
The Legal Challenges and Exceptions
The Canada-U.S. Safe Third Country Agreement, which was amended in 2023, states that asylum seekers must apply for refugee status in the first safe country they arrive in. However, there are exceptions, including if the would-be refugee has close family in Canada or if they are an unaccompanied minor. Another exception allows migrants who remain undetected for at least 14 days in Canada to apply for asylum. Zachary Abraham Kohn, a lawyer specializing in immigration law in Washington, D.C., notes that there is a legal challenge to the scheduled termination of the protected status program, which could potentially extend the deadline. For the Haitian mother in Georgia, she does not qualify to enter Canada legally, but she is willing to take the risk of crossing into Canada illegally in hopes of finding a safe haven.
The Consequences of Irregular Crossings
François Crépeau, a McGill University law professor and former director of the school’s Centre for Human Rights and Legal Pluralism, says that people who cross illegally into Canada often have little knowledge of the legal system. The current approach makes irregular crossing more dangerous, as migrants are forced to take their chances crossing into Canada through the forest, paying high smuggling fees and risking their lives. Before 2023, tens of thousands of migrants had crossed into Canada illegally, many through Roxham Road, a rural, forested path connecting Quebec with New York state. However, since the safe third country deal was amended, Roxham Road has been closed, leading to an increase in dangerous and irregular crossings.
The Security Situation in Haiti
The stakes are particularly high for Haitian migrants like the mother from Georgia, who say returning to Haiti is not a viable option. According to the United Nations, gangs control roughly 85 per cent of the capital Port-au-Prince, underscoring the security situation many migrants are leaving behind. The mother from Georgia says that going back to Haiti would be like suicide, as two of her father’s relatives were recently murdered. The security situation in Haiti is dire, making it impossible for many migrants to return. As the temporary protected status program for Haitians in the U.S. comes to an end, many migrants are left with few options, and the situation at the Canada-U.S. border is likely to become even more dire.