Organizations Urge Federal Government to Immediately Stop Sending Refugee Claimants Back to U.S.

When  on July 23, Justice Anne Marie McDonald of the Federal Court of Canada invalidated sections of the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) that designate the U.S. a "safe third country," she suspended her declaration of invalidity for a period of 6 months to give Parliament time to respond.

On July 29, the three organizations which  participated as Applicants in the federal case along with the citizens of various countries, namely the Canadian Council for Refugees, Amnesty International Canada and the Canadian Council of Churches sent a letter[1] to Prime Minister Trudeau, the Deputy-Prime Minister and the concerned ministers calling upon the federal government to:

"- immediately stop sending refugee claimants back to the United States and suspend the STCA; and

"- refrain from pursuing an appeal of this decision."

In their letter, they note that Justice McDonald's judgement "is based on extensive and compelling concerns about the prevalence, arbitrariness, and cruel and inhumane conditions associated with immigration detention in the United States, which she finds to be an "immediate and automatic" punishment for refugee claimants denied entry into Canada under the STCA."

They also note that the Federal Court decision "provides a crucial opportunity for the government to act decisively and live up to its responsibility to bring to an end years of grave violations of the rights of refugee claimants seeking protection at official land border posts between Canada and the United States."

Also on July 29, the three organizations issued a public statement[2] which points out that the decision "is based on the extensive evidence presented of wide-ranging and very serious human rights violations associated with immigration detention in the United States, and in particular of the actual experiences of people returned by Canada" under the STCA.

Arguing that the government should immediately stop returning refugee claimants to the U.S., they further explain that"[e]very day that the rules remain in effect, more people risk being returned to face imprisonment and mistreatment."

"Similarly," they continue, "the government should refrain from launching an appeal that will further prolong and protract this intolerable situation."

"By any measure," they argue, "respect for the rights of refugee claimants in the United States at this time constitutes a human rights crisis," adding that "Canada should not continue to be complicit in these deeply troubling human rights violations for another day, let alone six months."

They also point to the fact that "if refugees are able to make claims for protection at official border posts," this will "bring an end to the crossings at Roxham Road."

"Canadians have been deeply troubled by the longstanding lack of respect for the rights of refugees and migrants in the United States, which has worsened precipitously in recent years," they further point out.

"We cannot continue to send people back to the United States knowing that they will be treated in ways that are fundamentally unjust, causing grave and lasting harm," they conclude.

Notes

1. Letter re. Federal Court Safe Third Country Agreement ruling from CCR, AI and CCC 

2. Organizations call on federal government to immediately stop sending refugee claimants back to the United States.

(Photos: A. Poane, Solidarité sans frontières)


This article was published in

Volume 50 Number 29 - August 8, 2020

Article Link:
Organizations Urge Federal Government to Immediately Stop Sending Refugee Claimants Back to U.S.


    

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