Recently there has been an influx of illegal immigrants walking into Canada from the United States. According to the RCMP more than 400 people have crossed the border illegally since Jan. 1; a substantial increase over the same time period last year.
Despite what the practitioners of the religion of global warming say, it gets a tad chilly in the Great White (obviously racist) North. Two illegals suffered severe frostbite after walking for seven hours to reach the border. The onset of spring and summer are only going to increase these numbers.
There are a lot of misconceptions floating around about how Canada can stem the tide of illegals crossing into Canada. These misconceptions are coming from politicians, pundits and others on social media. The reality is, short of building an impenetrable wall along the entire U.S./Canada border, it is virtually impossible to stop people from illegally entering Canada.
Misconception No. 1: The “loophole” in the Safe Third Country Agreement can be plugged
The agreement signed by Canada and the U.S. provides anyone who comes from one country to the other and applies for asylum must be sent back to make that claim in the country they just came from. If they have already been denied asylum in the first country, tough. But the agreement only applies to those who appear at a port of entry. It is not applicable to people who manage to get into the second country.
Many consider this to be a loophole that can be fixed. But this is not a loophole in the sense the signatories to the agreement never thought about it or some enterprising individual dreamed up a way to get around the agreement. The agreement is totally unworkable when applied to inland cases and closing this loophole would do absolutely no good.
Take a hypothetical case of an illegal immigrant from Somalia who is found in Toronto. It can never be proved he entered Canada directly from the United States. Even his admission he just arrived two hours ago is no good; all that means if he is deported from Canada he would rather go to the U.S. than be returned to Somalia. Even if it could be determined he had been in the United States, that is not proof he came directly from the U.S. He could have just returned from a terrorist training camp in the Middle East.
More importantly, he is already in Canada and has no status in the United States. The U.S. would never agree to take him and why should they. A port of entry case is different. There is direct proof the person drove, walked or flew to that port of entry from the United States. Even if a person lands at a Canadian airport, they are not considered to be technically in Canada until they clear immigration. They are still considered to be in the United States.
In short, there is no way this loophole could ever be plugged. And this works both ways. Canada would not accept an illegal immigrant from the United States simply because he or she claims they came from the U.S..