Illegal Border Crossing into Canada - Asylum Seekers

[Journeyman]

House them at CMRSJ;  warm shelter and  they can brush up on academics, military ethos, athletics, and bilingualism. 

 

[The Bread Guy]

If you think climate change isn't necessarily a security issue, maybe not always, but sometimes, it doesn't help ...

Canada could indefinitely suspend deportations to Haiti and other countries devastated by Hurricane Irma, according to federal provisions that halt removals to nations deemed too dangerous because of conflict or disaster.

Scott Bardsley, spokesman for Public Safety Minister Ralph Goodale, said the Canada Border Services Agency will not deport anyone who has had their refugee claim rejected, or is deemed inadmissible to Canada, to a country coping with a hurricane.

After the storm has passed, an evaluation will be carried out on the ground to determine its impact.

If the country is deemed safe, removals could continue. But widespread devastation could lead to a suspension of deportations, as happened after the 2010 earthquake in Haiti.

Those postponements could last for months or even years.

"What happens really depends on the circumstance," Bardsley said ...

 

[Edward Campbell]

If you think climate change isn't necessarily a security issue, maybe not always, but sometimes, it doesn't help ...

...
Scott Bardsley, spokesman for Public Safety Minister Ralph Goodale, said the Canada Border Services Agency will not deport anyone who has had their refugee claim rejected, or is deemed inadmissible to Canada, to a country coping with a hurricane.

Except that most of the these folks didn't come from Haiti ... not directly, anyway. They came from the USA, which is, by law, a "safe third country," and they should be sent back there, not to Haiti. They are President Trump's problem ...

 

[The Bread Guy]

... They came from the USA, which is, by law, a "safe third country," and they should be sent back there, not to Haiti. They are President Trump's problem ...

Good point, but that raises the question of whether PMJT & Co. will be willing to accept this premise & just send 'em back with that message.

 

[Edward Campbell]

Good point, but that raises the question of whether PMJT & Co. will be willing to accept this premise & just send 'em back with that message.

As much as I detest Donald Trump (because I think he is a semi-literate, bumbling buffoon) and as much as I also detest the US Congress (both sides of the aisle) I think that the (unelected) US courts are, largely, effective and trustworthy. I suspect our courts trust them too, and I also suspect that after the sundry immigration tribunals have mucked things up many cases will end up in our courts which will insist that the Government of Canada enforce our laws and send them back to the USA.

 

[The Bread Guy]

As much as I detest Donald Trump (because I think he is a semi-literate, bumbling buffoon) and as much as I also detest the US Congress (both sides of the aisle) I think that the (unelected) US courts are, largely, effective and trustworthy. I suspect our courts trust them too, and I also suspect that after the sundry immigration tribunals have mucked things up many cases will end up in our courts which will insist that the Government of Canada enforce our laws and send them back to the USA.

Agreed -- but that'll take time, allowing all bases to get pumped up.
op:

 

[jmt18325]

As much as I detest Donald Trump (because I think he is a semi-literate, bumbling buffoon) and as much as I also detest the US Congress (both sides of the aisle) I think that the (unelected) US courts are, largely, effective and trustworthy. I suspect our courts trust them too, and I also suspect that after the sundry immigration tribunals have mucked things up many cases will end up in our courts which will insist that the Government of Canada enforce our laws and send them back to the USA.

The US has no reason or obligation to take them back - that's the problem.

 

[Haggis]

As much as I detest Donald Trump (because I think he is a semi-literate, bumbling buffoon) and as much as I also detest the US Congress (both sides of the aisle) I think that the (unelected) US courts are, largely, effective and trustworthy. I suspect our courts trust them too, and I also suspect that after the sundry immigration tribunals have mucked things up many cases will end up in our courts which will insist that the Government of Canada enforce our laws and send them back to the USA.

The U.S. administration and the courts could elect to play hardball and deny them entry back into the U.S.  They could rule that by entering Canada illegally and, as a result being deported, that they are now inadmissible to the U.S.  They are Haitian citizens with no "re-entry by right" privileges enjoyed by U.S. citizens.

 

[mariomike]

As much as I detest Donald Trump (because I think he is a semi-literate, bumbling buffoon)

 

[Blackadder1916]

Except that most of the these folks didn't come from Haiti ... not directly, anyway. They came from the USA, which is, by law, a "safe third country," and they should be sent back there, not to Haiti. They are President Trump's problem ...

Everything is in the details and definitions matter.  By God, I'm channeling Staff School.

Actually, by law, in the USA they are not refugees nor are they refugee/asylum claimants (though they may have been at one time, but not any longer).  The Haitian border crossers were in the US under a "Temporary Protected Status" (TPS) which is different and distinct (down there) from being a "refugee".  The expectations and treatment by the US government is quite different.

In the case of refugees/asylum seekers they want them to stay and become part of the American melting pot ("want" may be a strong sentiment, more likely "don't mind").

Refugee/Asylum

If you are admitted as a refugee, you must apply for a green card one year after coming to the United States. . . .

You may apply for a green card one year after being granted asylum.

However, as a TPS person

TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. However, registration for TPS does not prevent you from:
•Applying for nonimmigrant status
•Filing for adjustment of status based on an immigrant petition
•Applying for any other immigration benefit or protection for which you may be eligible

Along with their other regulations, travel outside the USA by TPS persons is also covered.  They can travel if they request prior permission; if they leave the USA without prior permission then the Temporary Protected Status is no longer in effect and their re-entry to the USA is the same as anyone else from their country of origin.  The same would apply if the individual was in the USA under refugee/asylum status.

As for "safe third country" being invoked, that Canada/USA agreement applies, however there would probably be some disagreement as to whether these individuals are actually refugees or if they had sought refugee status in the USA.
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp

The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
•at Canada-U.S. land border crossings (does this mean only designated border crossings?)
•by train or
•at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.

As much as I would like them removed to the United States to have them deal with it, I think we are stuck with the problem, "legally".

 

[Edward Campbell]

Everything is in the details and definitions matter.  By God, I'm channeling Staff School.

Actually, by law, in the USA they are not refugees nor are they refugee/asylum claimants (though they may have been at one time, but not any longer).  The Haitian border crossers were in the US under a "Temporary Protected Status" (TPS) which is different and distinct (down there) from being a "refugee".  The expectations and treatment by the US government is quite different.

In the case of refugees/asylum seekers they want them to stay and become part of the American melting pot ("want" may be a strong sentiment, more likely "don't mind").

Refugee/Asylum
However, as a TPS person
Along with their other regulations, travel outside the USA by TPS persons is also covered.  They can travel if they request prior permission; if they leave the USA without prior permission then the Temporary Protected Status is no longer in effect and their re-entry to the USA is the same as anyone else from their country of origin.  The same would apply if the individual was in the USA under refugee/asylum status.

As for "safe third country" being invoked, that Canada/USA agreement applies, however there would probably be some disagreement as to whether these individuals are actually refugees or if they had sought refugee status in the USA.
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp
As much as I would like them removed to the United States to have them deal with it, I think we are stuck with the problem, "legally".

Thanks, Blackadder1916; I was (obviously) unaware of that distinction and I agree that we may well end up being "stuck" with them.

 

[George Wallace]

Thanks, Blackadder1916; I was (obviously) unaware of that distinction and I agree that we may well end up being "stuck" with them.

Looks like these people crossing the border have not only caused us some major "legal" concerns, but in making that trek they have screwed themselves out of anything that they may have had in the US.

 

[jmt18325]

Getting back to this months later, CBC has some interesting info on the legality of the refugees.  Specifically referring to Section 133 of the Immigration Refugee Act:

133 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.

http://www.cbc.ca/news/canada/canadian-immigration-video-explainers-1.4370680

I think I might have said that a few months ago.

 

[kratz]

ref: CTV.ca

This federal government enjoys that round number, $50 million, when spending taxpayer's money.
Yet there is barely enough funds for homeless programs or proper support for veterans.

Ottawa to give $50M to Quebec, Ontario and Manitoba for asylum seeker costs
The Canadian Press
Published Friday, June 1, 2018 1:54PM EDT 

OTTAWA - The federal government will provide $50 million to Quebec, Ontario and Manitoba to help pay for some of the costs they have borne as a result of the influx of asylum seekers illegally crossing the Canada-U.S. border.

Immigration Minister Ahmed Hussen says this is by no means a final payment to these provinces for border crosser costs, but is meant to help address some of the immediate housing needs in those provinces.

Quebec, which has seen the majority of asylum seekers this year arriving through a forest path in Saint-Bernard-de-Lacolle, will receive $36 million.

Ontario will get $11 million and Manitoba $3 million.

The provinces have asked for much more, with Quebec seeking $146 million and the city of Toronto alone saying it needs $64 million to recover asylum seeker costs.

Hussen says compensation negotiations with the three provinces will continue.

 

[tomahawk6]

Send Trump a bill. ;D

 

[Jarnhamar]

Send Trump a bill. ;D

Don't make us build a wall!

 

[GAP]

Don't make us build a wall!

they can afford to pay for it with their 25% duty on steel and aluminum.....

 

[SeaKingTacco]

And they can even build the wall out of aluminum and steel...for the win!

 

[George Wallace]

they can afford to pay for it with their 25% duty on steel and aluminum.....

Even bigger savings if they build it out of steel and aluminum and use it as a strategic reserve should the day come that the wall comes down.  One long, on the shelf, supply of materials.  Perhaps a little too large of a stockpile for those who subscribe to "Supply and Demand".

 

[Jarnhamar]

But they can only build it if 50% of th construction workers are women  ;D