Sharp Rise in Asylum Seeker Returns to U.S. Sparks Concern Over Deportation Risks

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Canada stepped up its practice of returning asylum seekers to the United States under the Safe Third Country Agreement (STCA), even as U.S. officials confirm these individuals might face deportation to countries other than their homeland.

Recent statistics from the Canada Border Services Agency (CBSA) reveal that 3,282 asylum seekers were sent back between January and August 2025. This represents a substantial increase from the 2,481 individuals returned during the corresponding period in 2024 — marking a rise of over 30 percent, according to Reuters.

The month of July set a new record with 789 returns, representing the highest monthly figure in at least ten years, the news agency reported.

This increase follows the 2023 expansion of the STCA, which now encompasses the entire land border between the United States and Canada. The agreement, originally signed in 2004 and put into effect in 2005, mandates that asylum seekers must submit their applications in whichever of the two countries they first enter — either the United States or Canada. The agreement does provide exceptions for people without nationality or those who have close family members residing in Canada.

Legal experts in immigration law contend that some of the returned individuals met these exemption criteria and should have been permitted to pursue their asylum claims within Canadian borders.

When questioned by media representatives, a CBSA spokesperson offered no explanation for the dramatic increase in returns, explains Reuters.

Meanwhile, the U.S. Department of Homeland Security (DHS) openly confirmed its intention to deport certain asylum seekers to third countries, rather than their countries of origin, in cases where their claims are rejected and their home nations refuse to accept them.

“If their home country will not take them, we will make arrangements for them to go to another country,” stated Tricia McLaughlin, a DHS assistant secretary, via email.

A Canadian official separately stated that the CBSA’s responsibility concludes once asylum seekers are handed over to U.S. authorities — effectively separating Ottawa from any subsequent deportation decisions.

Since President Donald Trump’s return to office in January 2025, his administration has reinstated policies aimed at expediting deportations, including removals to third countries. The administration maintains this approach helps reduce migration pressure and deters unfounded asylum claims.

This policy, however, raises significant legal concerns under international law, particularly regarding the principle of non-refoulement, a cornerstone of the 1951 Geneva Convention that prohibits returning asylum seekers to locations where they might face persecution.

Migrant Testimonies and Legal Battles

Reuters has documented the cases of two individuals who, after being returned by Canada, were detained in the U.S. and faced threats of deportation to third countries.

One case involves Rahel Negassi, a 50-year-old Eritrean national. Having spent twenty years in the United States working as a nurse under temporary permits due to Washington’s inability to deport her to Eritrea, she attempted to enter Canada with DNA evidence confirming her familial connection to a brother residing in Ontario.

Despite presenting this documentation, she faced rejection at the border and spent two months in detention in Texas. Her entry into Canada to pursue an asylum claim was only granted following her lawyer’s appeal.

“The consequences have become extremely serious, as detention is now the most likely outcome for those who are returned,” her attorney Heather Neufeld explained to Reuters.

Another documented instance involves a stateless Palestinian individual who, according to family members, was sent back to the U.S. by Canadian authorities and subsequently faced potential deportation to a third nation.

These cases, critics argue, expose fundamental weaknesses in the STCA, which operates on the premise that the United States consistently provides a “safe country” for asylum seekers — an assumption that has faced repeated challenges.

The Canadian administration, under Prime Minister Mark Carney, maintains its support of the STCA as an essential mechanism for bilateral border management with Washington. However, the dramatic surge in returns during 2025 has intensified scrutiny on Ottawa.

Organizations advocating for refugees, including Amnesty International Canada and the Canadian Council for Refugees, are demanding immediate suspension of the agreement, contending that it compromises Canada’s longstanding reputation as a refuge.

The humanitarian implications are profound. Families face separation, while asylum seekers — exemplified by Rahel Negassi’s case — undergo extended periods of detention under challenging circumstances, despite presenting evidence that should qualify them for protection.

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Source: Reuters

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