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Illegal Border Crossing into Canada - Asylum Seekers

Brihard said:
Said 'greeting centres' are where every person crossing illegally is arrested, given their charter rights, and subjected to an interview for a number of purposes related to our national security and public safety, and the integrity of our immigration system. Short of summarily shooting them when they cross the border, I don't know what else you propose. Canada is constrained by its laws, and the law in this case dictates that illegal entrants will be arrested and detained. The fact that it has become necessary to do so wholesale and with the aid of some infrastructure does not change the law on the matter. I'm not sure what different approach you would suggest RCMP and CBSA take? We as a country have no right to turn around and dump them back in the U.S. without American permission- and they would just come right back anyway.

Brihard, absolutely no issue at all with the RCMP conducting the processing of illegal entrants who have chosen to not enter legally at a CBSA-controlled border crossing point-of-entry -- in fact, the opposite, they are conducting their duties aptly, I would say.  That said, and from a level higher than the black-shirts, it appears that the establishment of significant semi-permanent presences by the RCMP messages, at the very least to the illegal entrants, implies a level of acceptability to their crossing.  That and "less than emphatic" Government messaging about illegality of the crossing shouldn't make the numbers of crossings come as any real surprise.

Regards
G2G
 
Good2Golf said:
That and "less than emphatic" Government messaging about illegality of the crossing shouldn't make the numbers of crossings come as any real surprise.

Trudeau has repeatedly said that it's illegal.  Hussen and Goodale have gone further.  They're even putting out messages from MPs and diplomatic staff in Creole to make it clear.  This is a problem of US creation.  They could stop it, if they wanted to.
 
jmt18325 said:
Trudeau has repeatedly said that it's illegal.  Hussen and Goodale have gone further.  They're even putting out messages from MPs and diplomatic staff in Creole to make it clear.  This is a problem of US creation.  They could stop it, if they wanted to.

An opinion piece about how the PM could step up even a little bit more in his messaging, in the same vein that he made his 'always a place' message

http://www.cbc.ca/news/opinion/myth-refugees-canada-trudeau-1.4257696
 
[quote author=jmt18325]This is a problem of US creation. 
[/quote]

"Regardless of who you are or where you come from, there’s always a place for you in Canada."

Seems like a pretty straight forward invitation.
 
Jarnhamar said:
Seems like a pretty straight forward invitation.

Yes, in fairness, he should have worded that better, and I'm sure that plays into it a bit.  He was attempting to contrast himself and Trump.  Maybe it's best not to do that in 140 characters.  Everyone is welcome, with a great many caveats. 
 
jmt18325 said:
Yes, in fairness, he should have worded that better, and I'm sure that plays into it a bit.  He was attempting to contrast himself and Trump.  Maybe it's best not to do that in 140 characters.  Everyone is welcome, with a great many caveats.

Ah, the "unspoken, yet clearly understood by all" type of statement.  Got it.
 
jmt18325 said:
He was attempting to contrast himself and Trump. 

I agree that was his likely intent, however he ended up pulling a move right out of Mr. Trump's playbook: by design, he made a vastly oversimplified pronouncement on a complicated policy issue.  The actual facts and details of the issue would have just tarnished the whole announcement.

jmt18325 said:
Maybe it's best not to do that in 140 characters.

Maybe not, but the LPC are geniuses at messaging.  It was no accident to use Twitter - and really only twitter, for this, I think
 
jmt18325 said:
He was attempting to contrast himself and Trump.
Just like the CAFs lame "transgendered soldiers welcome!" tweet after Trumps update on the US Military.



Even everyone, with caveats doesn't really jive IMO. But I understand what you're saying.
 
Well, he is just as daft in more than 140 characters.

I just watched his press conference Held in Montreal and dealing specifically with the illegal entry crisis.

First, you wouldn't know there is a crisis by listening to him, it's more like: "Oh! We are experiencing a greater than anticipated number of immigration claims, but fear not Canadians, our processes and legal standards will be respected and in the mean time we will do everything to make those people making a claim comfortable, even get them early work permits so they can stop depending on the rest of us."

Second: His very first line in his very first statement - which he repeated in no less than three other statements or answers: "Canada is an open and welcoming country. Canadians hold this as value because we are secure and confident in our immigration rules and standards and trust that the system works." To paraphrase the rest: We, the multi-government work group are working hard to make the situation as easy and quick as possible and are confident that the rules and standards for immigration in place will be fully respected, as we are a country of rule of law.

Well, here's my problem: We don't have an immigration problem, we have an illegal entry into Canada problem. That's what Canadians want the PM to "get" and proceed on.

We live by the rule of law? Fine. The legal process to immigrate to Canada starts with an application to that effect made at a Canadian embassy or consulate in the country of the immigrant. It is not started at a border crossing and even less after crossing illegally outside of ports of entry. BTW, an actual Canadian who would enter back into Canada somewhere else than at a port of entry would be not only arrested, but detained in jail, brought to a judge to decide if release pending trial is appropriate and, upon being found guilty, sentenced to either a fine or jail time. Why not the same for all these illegal border crosser?

Also, it is important to distinguish Refugees and Asylum seekers. Refugees are fleeing a general situation without specific application to them personally: they flee a war zone or a devastated region or  famine area, etc. There is no famine or war in the US. Some of the illegals (I'll call them that from now on) are refugees from the devastation of the Haiti earthquake, but they have already been dealt with on that basis by a safe country under international law, the USA, who is from then on responsible for them until the devastation is overcome. This removes them from the ranks of refugees under said international law and they cannot make any further claim of refugee status in another country. Canada currently considers that there is no situation in Haiti that requires granting refugee status to its citizens.

The second category is Asylum seekers. People can seek asylum if there are circumstances specific to them personally that forces them to "escape" from their country for personal security reasons, such as receipt of death threats or being the object of persecution on various political, human rights or religious grounds. It does not apply to someone merely facing prosecution for commission of a crime in a country that otherwise recognizes the rule of law and provides the fundamental legal protections to all accused. The USA is one such country. In international law, asylum seekers should normally claim asylum in the first safe country they enter. If they do not do so, they can make their claim in another country. But no claim can be made anywhere AFTER a first such claim has been made in a safe country , wether it has been accepted or rejected.  International law does not recognize the shopping of asylum venue. Asylum seeking is the matter that is the object of the current Agreement between Canada and the US. Basically, you will not be let in at a border crossing if you seek entry to Canada as asylum seeker from the US.

So three possibilities exist when these Illegals come into Canada: (1) They wish to immigrate here, and don't claim asylum or refugee status: It's illegal, you are jumping queue, return them to either the US or, if the US won't have them, to their country of origin (this is whereto CAF can help: bus them to Saint-Hubert, stick them in the back of a Herky-bird and fly them home). (2) They claim refugee status: They came from the US and if they have papers from the US they are to be returned there immediately, otherwise, just by knowing where they are from (such as Haiti), the border personnel knows immediately if we recognize any such status or not - most likely not and again turn them back immediately. (3) they make an asylum protection demand: These are the only ones to be further investigated, really, but even then, an immediate check can and should be made with US authorities to see if they have ever made such claim while in the USA. If so, it's an immediate rejection here in Canada and, well by now you know what I think should be done.

All in all, everything exists for quick, legal and fair processing of this influx with the result that Canadians know to be the right one here: the rejection of the majority of these illegal entry seekers. By treating this as an immigration abnormal influx, the PM and his government, which claims that we are a country that follows the rule of law, is actually telling Canadians, and foreigners seeking the right to immigrate here legally ( and who will now have to await extra months if not years of delay in the processing of their claim because of these queue jumpers) that actually, we don't care, just get here any way you want and screw the law.
 
 
Oldgateboatdriver said:
Well, he is just as daft in more than 140 characters.

I just watched his press conference Held in Montreal and dealing specifically with the illegal entry crisis.

First, you wouldn't know there is a crisis by listening to him, it's more like: "Oh! We are experiencing a greater than anticipated number of immigration claims, but fear not Canadians, our processes and legal standards will be respected and in the mean time we will do everything to make those people making a claim comfortable, even get them early work permits so they can stop depending on the rest of us."

Second: His very first line in his very first statement - which he repeated in no less than three other statements or answers: "Canada is an open and welcoming country. Canadians hold this as value because we are secure and confident in our immigration rules and standards and trust that the system works." To paraphrase the rest: We, the multi-government work group are working hard to make the situation as easy and quick as possible and are confident that the rules and standards for immigration in place will be fully respected, as we are a country of rule of law.

Well, here's my problem: We don't have an immigration problem, we have an illegal entry into Canada problem. That's what Canadians want the PM to "get" and proceed on.

We live by the rule of law? Fine. The legal process to immigrate to Canada starts with an application to that effect made at a Canadian embassy or consulate in the country of the immigrant. It is not started at a border crossing and even less after crossing illegally outside of ports of entry. BTW, an actual Canadian who would enter back into Canada somewhere else than at a port of entry would be not only arrested, but detained in jail, brought to a judge to decide if release pending trial is appropriate and, upon being found guilty, sentenced to either a fine or jail time. Why not the same for all these illegal border crosser?

Also, it is important to distinguish Refugees and Asylum seekers. Refugees are fleeing a general situation without specific application to them personally: they flee a war zone or a devastated region or  famine area, etc. There is no famine or war in the US. Some of the illegals (I'll call them that from now on) are refugees from the devastation of the Haiti earthquake, but they have already been dealt with on that basis by a safe country under international law, the USA, who is from then on responsible for them until the devastation is overcome. This removes them from the ranks of refugees under said international law and they cannot make any further claim of refugee status in another country. Canada currently considers that there is no situation in Haiti that requires granting refugee status to its citizens.

The second category is Asylum seekers. People can seek asylum if there are circumstances specific to them personally that forces them to "escape" from their country for personal security reasons, such as receipt of death threats or being the object of persecution on various political, human rights or religious grounds. It does not apply to someone merely facing prosecution for commission of a crime in a country that otherwise recognizes the rule of law and provides the fundamental legal protections to all accused. The USA is one such country. In international law, asylum seekers should normally claim asylum in the first safe country they enter. If they do not do so, they can make their claim in another country. But no claim can be made anywhere AFTER a first such claim has been made in a safe country , wether it has been accepted or rejected.  International law does not recognize the shopping of asylum venue. Asylum seeking is the matter that is the object of the current Agreement between Canada and the US. Basically, you will not be let in at a border crossing if you seek entry to Canada as asylum seeker from the US.

So three possibilities exist when these Illegals come into Canada: (1) They wish to immigrate here, and don't claim asylum or refugee status: It's illegal, you are jumping queue, return them to either the US or, if the US won't have them, to their country of origin (this is whereto CAF can help: bus them to Saint-Hubert, stick them in the back of a Herky-bird and fly them home). (2) They claim refugee status: They came from the US and if they have papers from the US they are to be returned there immediately, otherwise, just by knowing where they are from (such as Haiti), the border personnel knows immediately if we recognize any such status or not - most likely not and again turn them back immediately. (3) they make an asylum protection demand: These are the only ones to be further investigated, really, but even then, an immediate check can and should be made with US authorities to see if they have ever made such claim while in the USA. If so, it's an immediate rejection here in Canada and, well by now you know what I think should be done.

All in all, everything exists for quick, legal and fair processing of this influx with the result that Canadians know to be the right one here: the rejection of the majority of these illegal entry seekers. By treating this as an immigration abnormal influx, the PM and his government, which claims that we are a country that follows the rule of law, is actually telling Canadians, and foreigners seeking the right to immigrate here legally ( and who will now have to await extra months if not years of delay in the processing of their claim because of these queue jumpers) that actually, we don't care, just get here any way you want and screw the law.

This is so much more than a  :goodpost:.......An excellent post.....Just to mention one thing; I doubt many, if any, qualify for asylum.

The Liberal Baffle Gabble calling them "Irregular Entries" is such a stupid statement to try to make these "illegal entries" look less illegal and fools nobody.
 
Meanwhile the "Government Operation Centre" is making a request for employees to fulfill a "Surge Capacity" through short term assignments and be prepared to work long shifts for 2 weeks in the administrative, operations, communications, and policy fields.
 
Colin P said:
Meanwhile the "Government Operation Centre" is making a request for employees to fulfill a "Surge Capacity" through short term assignments and be prepared to work long shifts for 2 weeks in the administrative, operations, communications, and policy fields.

Does it promise to concurrently raise the priority of any volunteer's Phoenix trouble tickets?
 
Time for some nuance & juggling ...
Trudeau Government Worried Asylum Seeker Influx Could Hurt 2019 Election Chances: Sources
The Liberals are concerned about losing popularity in Quebec.
08/25/2017 10:50 EDT | Updated 54 minutes ago | David Ljunggren

Canada fears a huge surge in asylum seekers crossing the border from the United States, putting political pressure on Prime Minister Justin Trudeau ahead of a 2019 election, sources familiar with the matter said on Wednesday.

The number of migrants illegally entering Canada more than tripled in July and August, hitting nearly 7,000. Haitians, who face looming deportation from the United States when their temporary protected status expires in January 2018, accounted for much of the inflow.

Two sources familiar with Canadian government thinking said citizens from El Salvador, Nicaragua and Honduras, who are slated to lose their U.S. protected status in early 2018, may also head north.

"There is concern we'll see a huge increase, mostly from Central America," said one source.

"The question is, which group is next, and how are we going to deal with it, and what is the impact on Canadians?" added the source, who requested anonymity given the sensitivity of the situation.

Most new arrivals are going to the predominantly French-speaking province of Quebec, sparking protests from opposition politicians and anti-immigrant groups.

Trudeau's Liberals need to gain support in Quebec to offset expected losses elsewhere ahead of an October 2019 election.

Asked whether the Liberals were worried about losing popularity in Quebec, the source said: "Absolutely. That's a concern."

But if Trudeau clamps down too far, he risks tarnishing a long-cultivated reputation for openness and tolerance. He pointedly tweeted Canada's welcome of refugees after U.S. President Donald Trump unveiled a travel ban in January.

"The government is in a real quandary over this," said a third source familiar with official thinking ...
More @ link
 
As if that wasn't blindingly obvious!  :facepalm:

While we're right to worry about the 50,000+ Haitians, there are about 265,000 El Salvadoran and Honduran[1] folks who's TPS status is in jeopardy. Don't think for a moment they won't be looking northwards.

[1] Temporary Protected Status
 
It's a mess. Nearly all of the asylum seekers are attempting to enter at a single illegal point of entry in Quebec, about five minutes from the legal border crossing at Champlain NY / Blackpool, Qc. Numbers are down from the start of the month, but still averaging between 50 and 100 a day.

Haitians remain the plurality, maybe a majority. Not sure on hard numbers. They are far from it though- people are trying to enter from all kinds of different countries. The majority have been in the US for quite some time (years), some have US born children, and many have been legally working in the US for years and have been trying to get asylum there. The cessation of Temporary Protected Status for certain nationalities, particularly the Haitians, is a big part of it, but word has spread- recently they've seen Turks, Egyptians, Nigerians, Syrians, all kinds of other countries.

A lot of them are being fed bullshit or are believing rumors. Many don't realize that it's actually an illegal way to enter and that the presence of police at the little bridge across the stream doesn't make it a legit border station. Some turn back when told this, or when told that if they are deemed ineligbile for asylum, they don't get deported to the US, but back to their country of origin. Most hear these facts at the border, and cross anyway. They are immediately arrested and processed through police and border services. They're treated respectfully and even kindly in most instances, but it's made bloody clear that this manner of entry is criminal and that that may count against them for asylum.

However, with the Safe Third Country agreement in place, it ain't gonna change. I'm worried about the 260,000 El Salvadorans who may lose TPS status soon.

Not all have been in the States for long. Increasingly now that word is getting out, Haitians in particular are flying right into the US, they are being allowed into the country by US authorities once they say their final destination is Canada, and they're hopping planes, trains, and busses to New York and then cabbing it to the illegal entry point. American border officers are letting them enter the country uncontrolled based on their word that they're continuing onward to Canada.

The military has a couple of, for lack of better term, refugee camps ready. Red cross is sitting there ready to go. Thus far they've been processed through and onwards (to I'm not sure what) fast enough that these have seen minimal use; that could easily change.

Typically an asylum claim would be heard essentially immediately, before the person is released. The delay, anecdotally, is now 9-10 months. The matter is being 'adjourned', and those claiming asylum are being released into Canada with some modest support from some agencies, on the hope that they attend their hearing most of a year hence. If they fail to do so, a Canada-wide immigration warrant will go out for them, and if police later run them for any purpose (traffic stop, disturbance, criminal record check for employment or volunteering, whatever), that will come up and they will be arrested and held until the matter is done with.

I don't know the monthly throughput capacity for the Immigration and Refugee Board. I imagine the queue is going to continue to get longer indefinitely. It's a mess, and the organization that has had to assemble at the border is very ad hoc and based on whatever resources various agencies (particularly RCMP and CBSA) can spare at any given point in time from across the country. Law enforcement has the people it needs at the border, but they're rotating in and out so quickly that making a smooth process of it is tough... And it's complicating 'normal' border stuff like detecting and countering smugglers and other illegal entrants who have no intention of getting picked up and doing the asylum thing.
 
Fucking gong show is what it is.  A fucking gong show.  The fact we arrest then release these people hoping they show up for their hearing shows just how fucking stupid and weak-spined we have become as a country.
 
We need a big ass sign at the border:

"Crossing at this point is illegal. Committing an illegal act upon entry invalidates any refugee claim. Have a nice day."
 
ModlrMike said:
We need a big *** sign at the border:

"Crossing at this point is illegal. Committing an illegal act upon entry invalidates any refugee claim. Have a nice day."

Crossing a border to claim refugee status is legal under international law.  We're signatories to said law.
 
jmt18325 said:
Crossing a border to claim refugee status is legal under international law.  We're signatories to said law.

No, crossing other than at a Port of entry is illegal under S. 11 of the Customs Act, and that's what they're being arrested for. We are also signatories to the Safe Third Country agreement, which makes those crossing at a Port of entry from the US ineligible for asylum claims in Canada.

When they arrive they are told to stop and not to cross. They are told doing so is illegal, a criminal offense, and will be treated as such. No sign is going to add much to this, as they are told this by RCMP officers.

There is nothing legal about the manner in which they are entering Canada, and you appear uninformed about the applicable laws and treaties. Most of those entering illegally will not be given asylum status, and will eventually be deported. This is a situation where you are much more likely to learn yourself then you are to educate others, but that's going to mean you need to listen to those of us with an better grasp of the situation than you have.
 
A corollary to my other comments: the US has ceased accepting asylum claims in many instances, so a situation some people are in is that they have perfectly legitimate grounds for asylum/refugee status, but the US won't entertain the application. Some of these people are trickling north as well. If they attempt legal entry at a legal border crossing, we will also not accept an asylum claim, because they are entering from a safe third country- BUT, that safe third country is one that won't let them apply either; the presumption that they claim asylum in the first safe country they enter is one of the underlying predicates of the safe third country agreement. So these individuals are entering illegally, as that at least allows them to file an asylum claim in Canada notwithstanding that they have previously been in the United States. Conversely, if they show up at a legal Can/US Port of entry, no matter how legitimate their claim is, Canada will not even entertain it, they will be recorded as having attempted entry, and if they subsequently come in illegally and are arrested, it's basically an immediate do not pass go.

To be granted asylum, they will have to concretely show why their lives are in imminent danger if they go home. "My country is a festering hellhole" won't cut it... As I said, some will have very legitimate grounds and will get to stay. Most won't.
 
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