Rising Returns under the Safe Third Country Agreement: What Asylum-Seekers Need to Know
According to a Reuters report on September 18, 2025, Canada has significantly increased the number of asylum-seekers turned back to the United States under the Safe Third Country Agreement (STCA). Between January and August 2025, 3,282 individuals were returned, compared with 2,481 during the same period in 2024. July 2025 was especially notable, with 789 returns, the highest monthly figure in over a decade.
This development has raised concerns from lawyers and advocacy groups, especially regarding individuals who should qualify for exemptions to the STCA. For example, stateless persons or people with close family members in Canada. One reported case involves Rahel Negassi, an Eritrean woman with a brother in Ontario. She was initially turned back, despite bringing DNA evidence to prove her family link, and detained in Texas for two months, before she was allowed to enter Canada after a legal appeal. Another example is a Palestinian man described as stateless, who was returned, although lawyers argue he had a legal right to claim under the family / stateless exception.
What’s Driving the Trend
Several factors appear to be influencing this sharp increase in returnees under the STCA:
Policy changes / stricter enforcement: Since the Additional Protocol to the STCA came into effect on March 25, 2023, Canada has expanded the STCA’s scope to apply across the entire land border (including bodies of water) and to crossings between ports of entry, for people who make asylum claims less than 14 days after entering from the U.S.
Higher detection / screening capacity: Increased CBSA (Canada Border Services Agency) enforcement, more rigorous checks, and possibly more operational resources may be contributing to more returns.
U.S. policies under the current government: U.S. authorities have expressed intentions to expedite deportations, including to third countries, if an asylum seeker’s claim in the U.S. is denied and their home country will not accept them back. This adds urgency to Canada’s returns under STCA.
Exemptions and Rights Under STCA
The STCA does not apply universally. There are exceptions for certain asylum seekers, which include:
Individuals with close family members in Canada (e.g. Canadian citizens or permanent residents).
Stateless persons (i.e. those who do not have a nationality or whose country will not recognize them).
Unaccompanied minors.
Persons who enter at locations between official border crossings under certain conditions.
Other specific document-holder and public interest exceptions.
However, many affected individuals and lawyers argue that these exceptions are not always applied fairly or consistently, and that procedural obstacles or lack of knowledge often prevent claimants from asserting them.
What Asylum-Seekers Should Expect at the Border
If you are someone attempting to claim refugee protection in Canada after entering from the U.S., here is what you should be aware of:
At official land border crossings, if you cross from the U.S., you may be turned back under STCA unless you meet an exemption.
If you crossed irregularly (that is, between ports of entry) and make a claim less than 14 days after entry, the STCA may still apply, and you may be returned.
If you have family in Canada or can prove statelessness, you should be ready to present documentation. DNA evidence or other proof may be necessary.
Delays, detention risk, or transfer back to U.S. authority may occur. The policy around “safe third country” assumes the U.S. is a safe place, but there are serious arguments and cases challenging that assumption when asylum seekers face risk in the U.S. or in third countries.
What You Should Do to Protect Your Rights
To avoid being denied or turned back under STCA when you believe an exemption applies, consider the following steps:
Get legal advice before the border crossing, if possible. Knowing your rights under the STCA and exceptions is crucial.
Bring documentation: Family ties (birth/marriage certificates, DNA evidence where applicable), proof of statelessness, ID, refugee or asylum documents if they exist.
Claim your exemption explicitly: Don’t assume the border or CBSA officer will consider it without prompting.
Be prepared for delays or already having been turned back: Some people in recent cases were detained in the U.S. before being allowed to pursue claims in Canada based on appeals.
Seek representation: If you are turned back, detained, or otherwise refused, you may have legal recourse (judicial review, appeals, constitutional rights arguments).
What This Means for Canada & U.S. Refugee Policy
The rise in returns under STCA reflects shifting priorities: Canada’s effort to enforce border policy more strictly, to manage asylum claim volumes, and to respond to public pressure over immigration control. It also raises serious human rights questions about whether returning people to the U.S. exposes them to risk of refoulement (being sent to a country where they might face persecution) or detention, especially when U.S. removal practices are expedited or involve third-country deportations. Lawyers and advocacy groups warn that some returns may violate international refugee law or Canada’s Charter of Rights and Freedoms.
What Potential Clients Should Expect
If you are an asylum-seeker or considering making a refugee claim in Canada, you should be aware that:
Border officials will expect you to know whether you qualify for STCA exemptions.
If you do not meet an exemption, you may be turned back even if your asylum claim has merit.
The process may include detention, being submitted to U.S. authorities, or risk of being sent onward to a third country if U.S. laws allow that.
Any misstep, missing paperwork, not raising your exemption case, or lacking evidence can lead to refusal.
✅ How Ayodele Law Can Help
If you or someone you know is planning to seek asylum in Canada, is currently at a border crossing from the U.S., or has been turned back under the STCA, do not navigate this complex legal system alone.
Contact Ayodele Law Professional Corporation. Our experienced immigration lawyers can help you understand whether the STCA applies in your case, assess whether you qualify for an exemption, prepare strong documentation, and represent you in appeals or legal challenges.
📞Book a consultation today to give your application the best possible chance of success
