A Haitian family faced separation at the Quebec-U.S. border in spring due to what an immigration attorney describes as a “legal loophole” that could potentially escalate as more migrants seek refuge in Canada from the United States. The family tried to enter Canada at Lacolle, Que., official land crossing in March, as per immigration records. Upon assessment by Canada Border Services Agency (CBSA) officers, only the father was permitted entry because of a close relative in Canada. However, the pregnant mother and their seven-year-old daughter were denied entry.
Subsequently, the mother, experiencing pregnancy complications, paid smugglers nearly $4,000 to cross the border on foot through melting snow to reunite with her husband. Montreal-based immigration lawyer Paule Robitaille criticized the decision to separate the family, expressing concern that such separations could become more frequent as U.S. migrants seek asylum in Canada under exceptions outlined in a bilateral U.S.-Canada agreement.
The family’s decision to come to Canada was influenced by U.S. President Donald Trump’s threat to terminate a humanitarian program created by his predecessor, Joe Biden, intended to prevent deportation of individuals from Haiti, Cuba, Venezuela, and Nicaragua due to turmoil in their countries. The family’s identities are being kept confidential due to threats they have faced in Haiti related to their anti-corruption and anti-sexual violence advocacy work.
After being turned away at the Canadian border, the mother and daughter were assisted by a migrant rights group, who provided temporary accommodation in Plattsburgh, N.Y., while exploring legal avenues for reunification. The father revealed that the mother was informed in Plattsburgh that she could hire smugglers to enter Canada and potentially stay under an exception to the Safe Third Country Agreement (STCA).
The STCA, expanded in 2023, mandates asylum seekers to seek protection in the first country they arrive in, the U.S. or Canada. Exceptions include having a close family member in Canada, being an unaccompanied minor, or remaining undetected in the country for 14 days. Despite the father being allowed entry due to his uncle in British Columbia, he was deemed ineligible to seek asylum because of a prior claim in the U.S.
Following a perilous journey through the border, where the mother and daughter walked through forests and melting snow, the family reunited in Montreal. They now face uncertainties regarding their immigration status and employment prospects in Canada. Immigration officials are conducting regular check-ins with the family, who are currently shielded from deportation to Haiti due to a moratorium by Canada but are struggling to secure legal status.
The family’s lawyer, Paule Robitaille, believes that discrepancies in the STCA regulations could impede individuals with legitimate protection needs from having their cases reviewed. There are concerns that such legal intricacies could be exploited to restrict border entries amid heightened immigration control measures by both the U.S. and Canada. Despite calls to reassess Canada’s stance on the safety of refugees in the U.S., the country has been strengthening its asylum regulations at the border.