Civil Society Groups Call for Immediate Suspension of Safe Third Country Agreement with United States of America

A Letter to the Minister of Immigration, Refugees and Citizenship Canada

Dear Minister Miller;

Re: Civil Society Groups Call for Immediate Suspension of Safe Third Country Agreement with United States of America

We join the civil society organizations calling on the federal government to immediately suspend the Canada-US Safe Third Country Agreement (“the STCA”) with the United States of America (“the U.S.”).

The U.S. President’s first suite of Executive Orders threatens and endangers trans and gender diverse people and asylum seekers. Within 24 hours of taking office, the President suspended the U.S. Refugee Admission Program, halting the processing of all refugees already approved for resettlement – including LGBTQIA+ refugees, leaving displaced queer and trans individuals stranded in precarious conditions awaiting resettlement. For many queer and trans refugees, resettlement to a third country is their only option to escape violence and persecution.

LGBTQIA+ people seeking asylum are being put under extreme scrutiny, and it’s hindering their right to safety and protection. Particularly, trans women seeking asylum will experience acute danger if they are detained by immigration enforcement. As you know, the STCA came into effect in December of 2004 and was expanded in 2023. It is an arrangement between Canada and the U.S. requiring refugees to seek asylum in the first country they enter, unless they qualify for an exemption. This agreement has enabled Canada to return refugees to the U.S. who arrive at land border crossings and attempt to enter Canada, but do not meet one of the limited exemptions.

In 2023, the Supreme Court of Canada referred a constitutional legal challenge to the STCA back to the Federal Court because of the lack of analysis of the Section 15 equality claims. Canada cannot, in good conscience, continue to turn away refugees at the Canada-U.S. border, knowing the heightened risks of deportation they face if returned to the U.S. We must not be complicit in endangering the lives of those fleeing persecution. Canada has a responsibility to uphold its international obligations and ensure that asylum seekers are met with safety and dignity—not refoulement.

We urge you as the Minister of Citizenship and Immigration to take immediate action by:
1. Suspending the Safe Third Country Agreement with the U.S.;
2. Issuing a moratorium on removals to the U.S. for those who face increased risks of detention in the U.S. and refoulement; and
3. Immediately instituting an exception under Article 6 of the STCA for LGBTQIA+ claimants and those fleeing gender-based violence until the agreement is suspended.

Yours sincerely,

Canadian Association of Refugee Lawyers
Rainbow Railroad
Canadian Civil Liberties Association