In 2021, Carlos and Antonia, a married couple from Honduras, fled gang violence with their toddler, Alejandro, hoping to reach safety in the United States. Their journey through Guatemala and Mexico was fraught with danger. 'We were in constant fear, every time we had to cross the border and travel with a young child,' Antonia recalled. 'We were terrified.'
Arriving as the US began Donald Trump’s migration purge, their chance to claim asylum vanished. A lawyer warned that an appeal could lead to detention and deportation. With family in Canada, they pushed north, but at the Fort Erie border crossing, a Canadian agent offered a grim choice: let Carlos and Alejandro enter, but send Antonia back to the US—or all three return to the US, risking detention and deportation.
'What am I supposed to tell my son about why they’re not going to let his mother come in with us?' Carlos later said. The officer replied, 'That’s your problem, you’ve got 20 minutes to make a decision.' Antonia cried, fearing separation from her son. The family chose to stay together and were sent back to the US, then deported to Honduras.
Court Challenge Over Safe Third Country Agreement
The family’s story is central to a court challenge by the Canadian Council for Refugees, Amnesty International Canada, and three Hondurans. They argue that Canadian border officials fail to uphold court-ordered safeguards before turning asylum seekers back to the US under the Safe Third Country Agreement (STCA).
Until 2004, asylum claims could be made at any Canadian port of entry. The STCA, which Ottawa lobbied for, forces migrants to claim asylum in the first country they arrive. Initially applied only at land ports, it now affects all entries. Critics argue the US is not safe, citing long-term detention and threats of deportation to dangerous countries.
Canada Tightens Asylum System
Canada is also tightening its own system. New legislation creates further ineligibility rules, prompting accusations of 'Trump-style' immigration policies under Mark Carney’s government. Carlos, Antonia, and Alejandro, now six, are in hiding in Honduras, fearing gang retribution.
In 2023, Canada’s top court ruled the STCA constitutional, ending a challenge by advocacy groups. However, the court noted that 'safety valves'—discretion to exempt someone on humanitarian grounds—align with fundamental justice. Advocacy groups say these valves don't exist in practice.
'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.'
Court documents show asylum seekers are rarely told they can seek an exemption or give evidence. Often without legal counsel, they must make quick decisions that define their lives. Canada’s border agency said officers have limited discretion in 'exceptional cases only' to delay removal, requiring clear evidence of death or inhumane treatment in the US.
Canada’s federal government defends the US as a safe third country. The allegations have not been tested in court; a judge must first decide whether to grant leave for the challenge to proceed.
'We wish we could show our faces and shout to the world and let everyone know that this is what happened to us,' Carlos said. 'The hardest thing has been trying to explain this all to our son. From one day to the next, everything was turned upside down for him: his world, his community, his space.'
