A Canadian policy designed to manage asylum claims is forcing migrants to return to the United States, where they face detention and deportation, according to a court challenge by advocacy groups.
The Safe Third Country Agreement, signed between Canada and the US, requires migrants to make asylum claims in the first country they arrive in. But critics argue that the US should no longer be considered a “safe” country, pointing to long-term detention of asylum seekers and threats of deportation to countries where they could be harmed or killed.
The case centers on a Honduran family who fled gang violence, traveled through Mexico, and reached the US only to be turned away. They pushed north to Canada, but at the border, a Canadian agent offered entry to the father and son — but not the mother. The family chose to stay together, were sent back to the US, and deported to Honduras, where they have gone into hiding.
The Family’s Story
Carlos and Antonia, whose names have been changed for safety, fled Honduras with their toddler, Alejandro, in 2021. After being advised that pursuing asylum in the US was too risky, they traveled to Canada, where Carlos has family.
At the Fort Erie border crossing, a Canadian officer said he would let Carlos and Alejandro in, but Antonia — who did not have family in Canada — would be sent back to the US. The family opted to stay together, were returned to the US, and deported to Honduras.
“The hardest thing has been trying to explain this all to our son,” Carlos said. “From one day to the next, everything was turned upside down for him: his world, his community, his space.”
The Legal Challenge
The Canadian Council for Refugees, Amnesty International Canada, and the three Hondurans are challenging the agreement, arguing that Canadian border officials are failing to uphold court-ordered safeguards for asylum seekers.
In 2023, Canada’s top court ruled the Safe Third Country Agreement was constitutional, but found that “safety valves” — including the discretion to exempt someone on humanitarian grounds — meant the rules aligned with “the principles of fundamental justice.”
Advocacy groups say those safety valves only exist in theory. Asma Faizi, president of the Canadian Council for Refugees, said: “Every day, people fleeing danger present themselves at the Canadian border expressing grave fears about what will happen to them if they are returned to the US. While their fears are very real, the ‘safety valves’ supposedly offered by the Canadian government do not in practice exist.”
Canada’s Defense
Canada’s federal government has defended the US, saying it continues to meet the legal requirements under the agreement to remain a safe third country. Canada’s border agency said officers have limited discretion in “exceptional cases only” to delay a removal, requiring clear and credible evidence of death, inhumane treatment, or deportation without due process.
But advocates say asylum seekers are typically not told they can seek an exemption or give evidence. Often without legal counsel, they must make a quick decision that will define their lives for decades.
The Bottom Line
A court challenge argues that the Canada-US Safe Third Country Agreement forces asylum seekers into US detention and deportation, with Canada failing to uphold safeguards. The case centers on a Honduran family who were deported after a Canadian officer would not admit the mother. Advocates say the US is not a safe country, citing detention and deportation risks. Canada has defended the agreement, saying the US remains a safe third country.
