Photo: Reuters
Canada has been sending more asylum seekers back to the United States, even though some of them may face serious risks if they are deported to other countries. This is happening because of the Safe Third Country Agreement (STCA) between Canada and the U.S.
Under this agreement, people seeking asylum are required to apply for protection in the first safe country they enter. If they enter Canada from the U.S., they are generally returned to the U.S. to submit their asylum claim there.
While the agreement aims to manage asylum claims and prevent “asylum shopping,” human rights groups and legal experts are concerned. Some individuals being sent back may eventually be deported to countries where they could face danger or persecution. The increase in returns has sparked debate about the fairness and safety of the current process.
Increase in Returns to the U.S.
Data from the first eight months of 2025 shows that Canada returned 3,282 people to the United States under the STCA. This number is significantly higher than the 2,481 individuals returned during the same period in 2024. July 2025 recorded the highest monthly return in at least a decade, with 789 people being sent back to the U.S.
This rise in returns has caused alarm among refugee advocates and human rights organizations. Many worry that the increase reflects stricter enforcement of the agreement without fully considering individual risks or personal circumstances. Lawyers representing asylum seekers say that some of these people should be allowed to apply for asylum in Canada, especially if they have family members living in the country or face potential danger in other countries.
How the Safe Third Country Agreement Works
The agreement assumes that both countries are safe and can process asylum claims fairly. It also includes exceptions. People who are stateless or have close family members in Canada can apply for asylum in Canada even if they entered from the U.S.
However, critics say that these exceptions are not always applied correctly. Some asylum seekers are not fully informed about their rights, leading to situations where they are sent back without proper evaluation of their circumstances.
Concerns About Deportation to Third Countries
One of the main concerns with returning asylum seekers to the U.S. is that some may eventually face deportation to other countries, sometimes called “third countries.” This can happen if their asylum claim is denied in the U.S., and their home country refuses to take them back. In such cases, the U.S. may send them to another country, where their safety could be at risk.
Human rights lawyers argue that Canada should consider these risks before returning individuals. They emphasize that sending people to a country where they might face persecution or danger violates international principles of refugee protection. The United Nations Refugee Agency (UNHCR) and other organizations have repeatedly called on countries to ensure that asylum seekers are not returned to unsafe situations.
Legal Challenges and Human Rights Concerns
Several legal experts have criticized Canada’s practice of returning asylum seekers under the STCA. They argue that the process may violate human rights because it does not fully consider individual circumstances. Each asylum seeker’s case is unique, and some may have special vulnerabilities that need attention.
For example, asylum seekers may have close family members living in Canada. Separating them from their families can cause emotional distress and long-term hardship. Others may be stateless, meaning they do not have legal protection in any country. Returning them to the U.S. without evaluating these factors can put them at serious risk.
Some lawyers and human rights organizations are calling for reforms to the STCA. They suggest that Canada should have more flexibility to allow people to apply for asylum domestically, especially in cases where deportation to the U.S. may lead to further danger.
Canada’s Official Position
Canadian government officials have stated that their responsibility ends once an asylum seeker is returned to U.S. authorities. According to officials, Canada’s role is limited to enforcing the STCA. Once the individual is in the custody of the U.S., the American government handles the asylum claim.
Officials also argue that the agreement helps manage border flows and ensures that asylum claims are processed in the most appropriate country. They say that without the agreement, there could be “double processing,” where individuals make multiple asylum claims in different countries, leading to inefficiencies and higher costs.
U.S. Deportation Policies
The U.S. government has indicated that some asylum seekers returned by Canada may be deported to third countries if their asylum claims fail. For instance, if someone cannot return to their home country and is not granted protection in the U.S., they might be sent to a different country willing to accept them.
This practice has raised serious concerns among human rights groups. There is a risk that some individuals could face persecution, violence, or unsafe living conditions in these third countries. These concerns underline the need for careful evaluation of each asylum seeker’s case before returning them under the STCA.
Voices of Refugee Advocates
Refugee advocacy groups have repeatedly raised concerns about Canada’s increasing returns under the STCA. They emphasize that the agreement should not override the responsibility to protect vulnerable people. Many argue that Canada has a moral and legal obligation to ensure that asylum seekers are not sent into situations where they may face harm.
These groups also stress that the government should provide clear information to asylum seekers about their rights and options. Some individuals may not be aware that they can qualify for exceptions under the STCA. Proper legal support and guidance can help prevent wrongful returns.
Personal Stories
Several asylum seekers who were returned to the U.S. have shared their experiences. Some report being held in detention centers, facing uncertainty, and fearing deportation to countries where they could be in danger. These stories highlight the human impact of the agreement and the importance of protecting individuals’ rights and safety.
Advocates argue that each case should be reviewed carefully, considering the person’s background, family connections, and risk of harm. A one-size-fits-all approach can leave vulnerable people exposed to serious dangers.
Possible Reforms
International Perspective
Canada’s practice of returning asylum seekers is being watched internationally. Other countries with similar agreements face the same challenge of balancing border control with human rights obligations. The United Nations and other international organizations continue to stress that no one should be returned to a country where they may face persecution or serious harm.
The situation also highlights the broader global challenge of managing migration in a safe and humane way. Governments must find solutions that protect people while maintaining effective border controls.
Impact on Canada’s Image
Some experts say that returning more asylum seekers could affect Canada’s international reputation. Canada has historically been seen as a country that protects refugees and promotes human rights. Critics worry that strict enforcement of the STCA without sufficient safeguards could undermine this reputation.
On the other hand, supporters argue that the agreement is necessary to maintain order at the border and ensure that asylum claims are handled efficiently. They believe that the key is to find a balance between border management and protecting vulnerable individuals.
Canada’s increasing returns of asylum seekers to the U.S. under the Safe Third Country Agreement raise important questions about human rights, safety, and fairness. While the agreement aims to manage asylum claims and prevent duplication, it also puts some people at risk of deportation to third countries where they could face danger.
Experts, lawyers, and human rights advocates emphasize the need for careful review of each case. They argue that Canada should provide clear information, legal support, and consider exceptions when necessary to protect vulnerable individuals. At the same time, the government must manage border flows and maintain the integrity of the asylum system.
The debate over the STCA shows the challenge of balancing security, efficiency, and human rights. As asylum seekers continue to arrive at Canada’s borders, it is essential that their rights and safety remain a top priority. Both Canada and the United States have a shared responsibility to ensure that asylum seekers are treated fairly, safely, and humanely.
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