A family fleeing gang violence in Honduras experienced a harrowing ordeal at the Canadian border in 2021. Carlos, Antonia, and their toddler Alejandro arrived at the Fort Erie border crossing after being advised that claiming asylum in the US under Donald Trump's administration was too risky. A lawyer warned that appealing could lead to detention and deportation. Because Carlos had family in Canada, they pushed north, but their hopes were dashed when a Canadian border agent said Antonia—who lacked family ties—would be sent back to the US, or all three could return together.
Family Forced to Choose Between Separation and Deportation
The border officer gave the family 20 minutes to decide. Carlos recalled: "I said: 'What am I supposed to tell my son about why they’re not going to let his mother come in with us?' And the border officer just said, 'That’s your problem, you’ve got 20 minutes to make a decision.'" Antonia began crying, and their son joined in. Unable to bear separation, the family chose to stay together and were sent back to the US, then deported to Honduras. Their story, with names changed for safety, is central to a court challenge by the Canadian Council for Refugees and Amnesty International Canada.
Safe Third Country Agreement Under Fire
The Safe Third Country Agreement (STCA), effective since 2004, requires asylum seekers to claim refuge in the first safe country they reach. Initially applying only to land ports of entry, it was designed to prevent "asylum shopping." However, critics argue that the US is no longer safe, citing long-term detention of refugees and threats of deportation to dangerous countries. In 2023, Canada’s Supreme Court upheld the STCA as constitutional, but noted that "safety valves"—discretion to exempt individuals on humanitarian grounds—must exist. Advocacy groups say these valves are theoretical at best.
"Every day, people fleeing danger present themselves at the Canadian border expressing grave fears about what will happen to them if they are returned to the US," said Asma Faizi, president of the Canadian Council for Refugees. "While their fears are very real, the 'safety valves' supposedly offered by the Canadian government do not in practice exist and refugees’ pleas for protection are ignored."
Growing Concerns Over Canada's Asylum Policies
Canada has also tightened its own asylum system under Prime Minister Mark Carney, introducing new ineligibility rules that critics label "Trump-style" immigration policies. The family from Honduras now lives in hiding, fearing retribution from the gang they fled. Carlos said: "We wish we could show our faces and shout to the world and let everyone know that this is what happened to us. It is just not safe for us." The court challenge seeks to force Canada to uphold its obligations. A judge must first grant leave for the case to proceed. Canada’s border agency maintains that officers have limited discretion in "exceptional cases only" to delay removal, but claimants must provide clear evidence of imminent harm.
