How the U.S. Election Results Can Impact Canadian Immigration

In recent years, the Canadian government has welcomed many immigrants into the country. However, COVID-19 has slowed the flow of new arrivals because of travel restrictions and border closures.

The initial plan was for Canada to welcome 341,000 new permanent residents in 2020, 351,000 in 2021, and 361,000 in 2022. However, the targets have been amended. On October 30, 2020, the 2021-2023 Immigration Levels Plan was announced and the Government aims to welcome 401,000 new permanent residents in 2021, 411,000 in 2022, and 421,000 in 2023.

The upcoming presidential election in the United States could be another factor that will influence immigration in Canada. 

After Donald Trump became president in 2017, he imposed immigration restrictions. Meanwhile Canada eased restrictions to make it easier for people to immigrate. In a similar vein, Justin Trudeau, the Prime Minister of Canada, has been more welcoming of refugees than the United States. 

Trump has made it tough for people to arrive in America by implementing travel bans on certain countries. The USA also started to crack down on temporary visas. Without a visa, students and skilled workers from other countries are unable to migrate or stay in America. 

On the other hand, the Canadian government has not issued travel bans or restrictions on visas. As a consequence, more people are coming into Canada because it is easier to do so. 

With more individuals entering Canada, some industries have seen more growth than other cities in America. For instance, the tech sector has benefited by the influx of skilled workers arriving in Toronto. 

If Joe Biden were to win the election, it is likely he might change certain aspects related to immigration. Trump has created many changes, so reversing the current policies in place will take a lot of time and effort. 

Approximately 60,000 individuals have sought asylum in Canada from America since Trump became president in 2017. In fact, many have crossed at unofficial border points. This is because the American government is cracking down on temporary visas and making it tougher for individuals to remain in the country. 

Canada wants to renegotiate the Safe Third Country Agreement, which requires claimants to request refugee protection in the first safe country they arrive in with some exceptions. Depending on the election results, the number of people wanting to cross the border into Canada from the U.S. might decrease drastically. 

Refoulement: Legal Issues Developing at the U.S.-Canada Border

Earlier this month, Prime Minister Justin Trudeau announced that irregular migrants crossing from the U.S.  will be turned away at the border to control the rapidly spreading COVID-19 virus.  U.S. border officials have stated that any illegal migrants who cannot be returned to Canada or Mexico will be returned to their country of origin. This new mandate puts many refugees at risk if they are returned to a country where they could be harmed or killed. 

Refugee advocates say that Canada could be in legal hot water if the United States deports asylum seekers turned away from Canada. 

Under Canada’s international obligations on refugees, the government is committed to “non-refoulement”, which means that refugees will not be sent back to countries where they could face torture or persecution. Alex Neve, the secretary-general at Amnesty International Canada, says that if a refugee is turned away by Canada and is later deported to a country where they are harmed, Canada could be considered complicit in this outcome and therefore legally liable. 

On Friday, March 27, 2020, the Deputy Prime Minister Chrystia Freeland said that she is holding urgent discussions with U.S. officials over this issue and wants assurances that refugees returned by Canada to the U.S. will not face refoulement.  Further, Amnesty International, the Canadian Council for Refugees and the Canadian Council of Churches are legally challenging the agreement with the United States, arguing the agreement violates certain provisions of Canada’s Charter of Rights and Freedoms.

The White House Proposes Soldiers at the U.S.-Canada Border

On March 26, 2020, U.S. President Donald Trump announced that he is considering sending soldiers to the Canada-U.S. border, seemingly to keep irregular migrants from spreading COVID-19.  The goal is to have troops placed at the border to boost security. In response, the Canadian federal government has utterly objected to this proposal, as it deems it unnecessary. 

Already, the U.S. and Canada have jointly agreed to restrict non-essential travel between the borders, which includes irregular migrants passing through New York State to file a refugee claim at the border in Quebec.   The 30-day agreement includes immediately returning any “illegal migrants” to the country from which they arrived, or to their countries of origin if that isn't possible, rather than holding them at facilities in the U.S .

So far, there have been no cases of the virus in Canada relating to irregular migrants crossing the border.  However, the COVID-19 pandemic has been spreading at a rapid rate across the world and countries are inevitably taking the necessary measures to flatten the curve.

We are watching closely to see how this situation pans out; however, migrants who are planning to start a new life in Canada will have to temporarily halt such plans.

The Impact of COVID-19 on Refugee Claimants & Asylum Seekers

The ability to freely travel between countries is a privilege, but for refugee claimants and asylum seekers, it’s more than that - it’s life saving. Last week I wrote about how COVID-19 has affected migrants crossing irregularly from the U.S. to enter Canada in order to  make a refugee claim. More specifically, Prime Minister Justin Trudeau announced that irregular migrants will be turned away at the U.S.- Canada border. 

Canada is known for being a humanitarian country and for many years has welcomed asylum seekers.  On March 17, 2020, the United Nations Refugee Agency (UNHCR) announced that it, along with the International Organization for Migration (IOM), will be temporarily suspending resettlement travel for refugees. Canada receives referrals from the UNHCR and other designated referral organizations and private sponsorship groups to identify refugees in need of resettlement in Canada. As for now, refugees and asylum seekers are not able to enter the country. 

For refugee claimants already in Canada, all in-person appointments have been cancelled, alongside a temporary extension of standard timelines for the filing and submission of refugee claims. Canada’s top health professionals are predicting that self-isolation and social distancing could be our new normal for weeks (possibly months), which may invariably affect the time whereby these restrictions and conditions [to combat Covid-19] will be lifted.

What now?

If you are a refugee claimant in Canada and have questions about how to navigate the Immigration and Refugee Board of Canada (“IRB”), please contact the IRB by phone, or a lawyer.  

If you are a refugee looking to come to Canada, please stay up to date with information posted on the UNHCR’s website. 

COVID-19 AND WHAT IT MEANS FOR LAW FIRMS

On March 23, 2020, Premier Doug Ford announced that all non-essential businesses would no longer be allowed to run in Ontario for 14 days starting Tuesday, March 24 at 11:59 pm. The Government of Ontario posted a list of what is considered an essential business which includes grocery stores and pharmacies.

Law offices and paralegal offices have been deemed to be essential businesses. While several law firms and paralegal firms have closed their physical offices, they continue to still run business electronically. Thanks to technology, lawyers and paralegals can access files and draft motions on their personal computers and communicate with clients by phone or email. 

One thing about the legal field is that it will always be an essential business. Laws change continuously and the average person requires the assistance and expertise of legal professionals to navigate the system. Immigration law, particularly refugee matters, will always be an important practice in Canada since this is a humanitarian country that welcomes refugees. For refugee claimants and asylum seekers, it is no question that they have a better case when represented by a competent lawyer or paralegal. 

Although COVID-19 has temporarily resulted in restrictions on entry into Canada and halted pending applications, lawyers and paralegals continue to be a great resource to their existing and future clients.

The Law Society of Ontario ("LSO") which regulates lawyers and paralegals in Ontario has posted an informative page on their website on how to go about professional management practices amidst Covid-19:

Communicating with clients

The Government of Canada has implemented social distancing in response to how fast the virus is spreading. The LSO has outlined alternatives to communicate with clients including routine meetings with clients by phone or using video-conferencing options such as Zoom, Skype, Facetime and other platforms.

Working from home

While law offices and paralegal offices are permitted to remain open in order to address instances when remote business practices are not feasible, the LSO encourages lawyers and paralegals to work remotely and virtually where feasible. In fact, effective March 16, 2020, the LSO implemented a work at home plan for its own employees.

Tips for working from home

• Maintain work hours

• Create a designated workspace (keep client files locked away!)

• Don’t discuss client matters with friends or family members

• Communicate with clients by phone or other platforms away from others

• Follow the Rules of Ethics and normal work practices

• Find ways to delegate and properly supervise staff and non-licensees

Mental health

These times can be difficult for those who struggle with mental health and legal professionals are not exempt from having a difficult time. The Member Assistance Program (“MAP”) provides secure, single sign-on or telephone access to counselling, coaching, online resources and peer volunteers for professional help with issues related to mental or physical health and other related issues.

For more information on COVID-19 and how it affects legal professionals and their business, visit the Law Society of Ontario’s official page: https://lso.ca/news-events/news/corporate-statement-re-covid-19.

COVID-19 AND IRREGULAR BORDER CROSSINGS

Recent developments

The novel coronavirus (COVID-19) has recently put a halt on international travel for Canadian citizens and permanent residents - but what does this mean for irregular migrants looking for refuge in Canada?

On Friday, March 20, 2020, Prime Minister Justin Trudeau announced that irregular migrants crossing into Canada on foot from the U.S will be turned away when they reach the border as part of a wider border shutdown amidst the new coronavirus pandemic.

Although Prime Minister Justin Trudeau assures that these restrictions are temporary, this will make it impossible for asylum seekers passing through the U.S. border from irregular crossings like Roxham Road between New York and Quebec, to make a refugee claim. 

So, now what?

Asylum seekers trying to cross the U.S.-Canada border will be released back to the U.S.  Those who have already crossed the border are mandated to stay in self-isolation for 14 days as they continue the asylum process. 

The policy has been decided because of how difficult it is to screen refugee claimants at the border with the increased spread of the virus.

Since 2017, the Immigration and Refugee Board of Canada has received approximately 54,739 refugee claims made by irregular migrants. Canada now has 915 cases of the coronavirus including 11 deaths and 10 recoveries.

The top health professionals are unsure of how long this virus will last, but are hoping that with self-isolation and restricted travel, it will stop spreading so quickly. 

Important Changes to the Express Entry Program

Immigration, Refugees and Citizenship Canada has implemented a number of important changes to the Express Entry system.

The following updates have been made to the program:

The points you can get for a job offer has changed:

• you can earn a total of 50 points if you have a valid job offer in a NOC 0, A or B occupation
• you can earn a total of 200 points if you have a valid job offer in a NOC 00 occupation.

A job offer now only needs to be for a minimum of one year from the time you become a permanent resident. 

You can now earn points for study in Canada above high school.

• you can earn 15 points for a one- or two-year diploma or certificate
• you can earn 30 points for a degree, diploma or certificate of three years or longer, or for a Master’s, professional or doctoral degree of at least one academic year.

Y ou now have more time to complete an application for permanent residence if you get an invitation to apply.

• Applicants will now have 90 days to apply for permanent residence, instead of 60 days.

An LMIA will no longer be needed for certain qualifying job offers to receive points as well as points for arranged employment under the Federal Skilled Worker Class. Many people in Canada on an LMIA exempt work permit will be able to carry that LMIA exemption under Express Entry.