Correspondence re: Trump’s travel ban
A follow-up to my previous post, “Thoughts on Trump’s travel ban.” The following emails show my correspondence with Mr. Omar Alghabra, Member of Parliament for Mississauga Centre. This post will be updated as correspondence continues.
Dear Mr. Alghabra,
Hope this email finds you well.
I am a young constituent in your riding who is deeply concerned about the travel ban that President Trump recently imposed against citizens of seven Muslim-majority countries. As Canadians, I believe that we have a responsibility to protect the rights of immigrants and refugees, which are being jeopardized by the U.S. government.
Prime Minister Trudeau has consistently affirmed that Canada is a country built on acceptance, diversity, and inclusion. However, it is time for Canada to transform words into action.
I strongly urge the Canadian government to consider suspending the Safe Third Country Agreement. The foundation of this agreement is that Canada and the U.S. are both safe places for asylum-seekers to claim refugee status. This is no longer the case with the U.S. after the travel ban. In conjunction with that, I urge the government to increase the cap on refugees accepted during 2017, especially privately sponsored Syrian and Iraqi refugees.
President’s Trump travel ban is not only unconstitutional and un-American; it is unjust. We can — and should — do more as Canadians to combat injustice in the world.
Thank you in advance for reading my letter. Please keep me updated on actions that the Canadian government is taking in regard to this matter.
Yours sincerely,
Maxwell Tran
Dear Maxwell,
Thank you for taking the time to write to me about Canada’s Safe Third Country Agreement with the United States. I am grateful for your willingness to engage and provide your input on this matter.
The Canada-U.S. Safe Third Country Agreement (STCA) is largely about domestic asylum (i.e., asylum claims made directly in the two countries) and what each country does to determine claims for people seeking asylum. The STCA is premised on the principle, accepted by the United Nations Refugee Agency (UNHCR) that individuals should seek asylum in the first country they arrive in. U.S. compliance with treaty obligations is overseen by an independent judiciary whose decisions are not subject to direction by the U.S. Executive Order. The STCA remains an important tool for Canada and the U.S. to work together on the orderly handling of refugee claims made in our countries.
The Immigration and Refugee Protection Act requires the continual review of all countries designated as safe third countries to ensure that the conditions that led to the designation as a safe third country continue to be met. Our Government to date has no indication that the Executive Order has any impact on the American asylum system.
It is also important to mention that all eligible asylum claimants in Canada get a fair hearing by the Immigration and Refugee Board, a quasi-judicial, independent body that makes decisions based on the merits of the specific facts presented in an individual case.
Thank you again for taking the time to write to me about the Safe Third Country Agreement between Canada and the United States. I am grateful that you have added your voice to the conversation on this important topic.
Yours sincerely,
Omar Alghabra
Member of Parliament for Mississauga Centre
Dear Mr. Alghabra,
Thank you for your prompt reply. I appreciate that you take the time to respond directly to constituent concerns.
Your explanation of the STCA and its governance was helpful. I understand that the STCA compliance is managed by an independent judiciary, although I would contest the point that the Executive Order should not affect the designation of the U.S. as a safe third country. There is a growing anti-refugee sentiment in the U.S., led by none other than President Trump himself.
I am most concerned about citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen who are currently in the U.S. to seek asylum. What will happen to their claims in light of the Executive Order? Will their claims be processed, suspended, or rejected? Additionally, what happens to asylum claimants who arrive at the Canadian border but do not meet the eligibility criteria outlined in the STCA? Fear of detainment or deportation could potentially drive asylum-seekers to enter Canada through unchecked, underground means.
There remains a great deal of uncertainty around the Executive Order. As such, I would like to echo the calls of the Canadian Civil Liberties Association and the Canadian Association of Refugee Lawyers for the Canadian government to challenge the STCA, at least until it is clear that the refugee system in the U.S. can still be considered equal to Canada’s, which was the original basis for the STCA.
I look forward to your response to my questions. Many thanks in advance.
Yours sincerely,
Maxwell Tran
