POINT EDWARD — The Canadian Council for Refugees, Amnesty International Canada, and three Hondurans filed a court challenge in 2023 arguing that Canadian border officials are failing to uphold court-ordered safeguards for asylum seekers under the Safe Third Country Agreement.

Carlos and Antonia fled Honduras in 2021 due to threats of gang violence. They traveled through Guatemala and Mexico with their toddler, Alejandro, arriving in the U.S. during the implementation of Donald Trump's migration policies. A lawyer advised the family that appealing their case in the U.S. risked detention and deportation. Carlos has family members in Canada.

The family attempted to enter Canada at the Fort Erie border crossing. A Canadian border agent stated that Carlos and Alejandro could enter Canada, but Antonia would be returned to the U.S. because she did not have family in Canada. The family was given the option to all return to the U.S. and risk detention and deportation. Carlos said the border officer told him, "That's your problem, you've got 20 minutes to make a decision." Antonia said, "There was no way I could be separated from my son. I was completely in shock." The family chose to stay together and returned to the U.S. They were subsequently deported to Honduras. Carlos, Antonia, and Alejandro are currently hiding in Honduras due to fears of retribution from gangs.

Asma Faizi, president of the Canadian Council for Refugees, said, "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." She added, "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 state that asylum seekers are typically not informed they can seek an exemption or give evidence. Canada's border agency stated that officers have limited discretion to delay removal in exceptional cases only. The agency also stated that a claimant must demonstrate clear and credible evidence of facing death, inhumane treatment, or deportation without due process to qualify for an exemption. Canada's federal government stated that the U.S. continues to meet the legal requirements to remain a safe third country under the agreement.

The Safe Third Country Agreement was implemented in 2004 and requires migrants to make asylum claims in the country where they first arrived. In 2023, Canada's top court ruled the agreement was constitutional, finding that legislative safeguards in the pact align with the principles of fundamental justice. A judge must decide whether to grant leave for the current legal challenge to proceed.

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." He added, "From one day to the next, everything was turned upside down for him: his world, his community, his space."