On August 14, 2024, the United States Department of Homeland Security (DHS) is set to implement two new policy changes at the Canada-US border, designed to expedite the processing time for migrants’ asylum applications. As reported in internal documents shared with CBS News, these changes will significantly reduce the time migrants can spend with their lawyers, from a minimum of twenty-four hours to four hours.
In addition to the reduced preparation time, migrants will now be required to present their official documents promptly for screening to determine if they are subject to the ongoing Safe Third Country Agreement (STCA) between Canada and the US. Previously, migrants exempt from the agreement could delay their screening to gather necessary documents. The STCA mandates that asylum seekers must apply for refugee status in the first country they arrive in.
In 2023, the STCA was expanded to cover all border entries—official and unofficial. This expansion followed increased irregular border crossings, accelerated by the closure of the Roxham Road entry point in Quebec, as discussed in this Reuters report.
The DHS carried out a review of its implementation of the STCA and concluded that these policy changes would not affect migrants’ access to fair asylum procedures. The Supreme Court of Canada had previously upheld the constitutionality of the STCA, though some claims were remitted to lower courts, as detailed in the JURIST coverage.
Legal professionals representing asylum seekers at the Canada-US border will need to adapt swiftly to these new procedural constraints, effective from mid-August 2024, as DHS aims to streamline border management without compromising legal fairness.