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For Immediate Release: December 4, 2002
Contact: Amanda Branson Gill (212) 845 5245

US-Canada “Safe Third Country” Agreement Will Hurt Asylum Seekers

Agreement is “inefficient and inhumane” and will put unnecessary burden on US system

NEW YORK - The U.S. will likely sign Thursday a “Safe Third Country” Agreement with Canada that will force refugees who want to seek asylum in Canada to file their applications in the United States if they stop in the U.S. on their way to Canada. It will also force U.S.-bound refugees who stop first in Canada to apply there. The Agreement will force thousands of asylum seekers to apply for asylum in the U.S., significantly increasing the burden on the U.S. asylum system.

“This Agreement is unnecessary, inefficient, and inhumane,” said Eleanor Acer, Director of the Asylum Program at the Lawyers Committee for Human Rights. “It will place a significant and unnecessary burden on the United States’ asylum system and will actually make the border less secure by disrupting the orderly border process that is currently in place.”

U.S. government officials have not been able to demonstrate any need for this lopsided agreement, which seems designed to ease the burden on the Canadian immigration system. In return, the U.S. wants Canadian cooperation on a broad range of measures included in the so-called “Smart Border” plan. It appears that the U.S. is prepared to sacrifice the interests of refugees as a “bargaining chip” in broader U.S.-Canada border discussions. “While the agreement may be in the interests of the Canadian government,” said Acer, “it is not in the interest of refugees, it is not in the interest of the U.S. asylum system, and it is not in the interests of the United States.”

The Agreement, which has only limited exceptions, will apply to all asylum applications made at land borders.

The Agreement will have several effects:

  • It will significantly increase the burden on the U.S. asylum system.

  • It will cost money. The Canadian Council for Refugees (CCR) reported that approximately 35% of asylum claims made in Canada last year (14,807 claims) were made by claimants who arrived in Canada from the United States.

  • It threatens to make the U.S.-Canada border less secure by disrupting the current orderly process that is now in place at the border.

  • It may leave refugees vulnerable to smugglers who may transport them across the border illegally.

  • It will separate asylum seekers from friends and contacts. Many refugees fleeing persecution seek to live in a country where they have family, friends or other significant contacts who can house and support them while they work to rebuild their lives. The Agreement will force them to seek asylum in the country they happen to travel through on their way to an intended destination. The exception for family members is too narrow.
The Lawyers Committee has urged the U.S. government to abandon this Agreement before signing on December 5th. Joining the Lawyers Committee in opposition to the current version of the Agreement are: Amnesty International, the Women’s Commission for Refugee Women and Children, the Church World Service Immigration and Refugee Program, Vermont Refugee Assistance, and many others.

To read the Lawyers Committee’s July 24th comments on the draft agreement to the INS and State Department, go to:
http://www.lchr.org/refugee/comment_safe_thirdfinal.pdf

To read the “Safe Third Country” draft agreement go to:
http://www.cic.gc.ca/english/policy/safe-third.html.



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