U.S. Strikes Deal with Canada over Northern Border — What Asylum Seekers Should Know

In March 2023, the United States and Canada expanded the Safe Third Country Agreement (STCA). It now covers the entire land border (and internal waterways)—not just official ports of entry. Practically, people who cross between ports and seek protection can now be returned to the first country they entered, unless they meet an exception. The change took effect March 25, 2023, at 12:01 a.m. ET.

A key operational detail: the revised accord lets either country turn back asylum seekers encountered within 14 days of crossing the border irregularly. This policy was announced alongside the border deal between President Biden and Prime Minister Trudeau.

Canada simultaneously closed Roxham Road, the well-known unofficial crossing in Quebec. This signaled an immediate shift in processing practices at the northern border.

Who can still seek protection?

The STCA contains exceptions. If you have certain family ties in Canada, are an unaccompanied minor, hold specified documents/visas, or meet a public-interest exception, Canadian officials may process your asylum claim instead of returning you. The 2023 expansion did not eliminate these exceptions. They remain in force under the agreement.

To balance enforcement with humanitarian options, Canada also committed to welcome 15,000 migrants from the Western Hemisphere through lawful pathways. This includes a new humanitarian PR channel plus additional temporary workers, as part of the broader bilateral approach to reduce irregular migration.

Practical takeaways for families and counsel

• Between-port crossings are now high-risk for swift return under the STCA unless an exception applies. Screen for family-unity and other exceptions early.
• If considering travel, use official ports and be prepared with identity documents and any proof establishing an exception.
• Expect policy coordination between DHS and Canadian authorities; trends continue to evolve—monitor official guidance. Department of Homeland Security

How we help
We assess STCA applicability, document exceptions, and pursue lawful options. These include family sponsorship, humanitarian pathways, or U.S./Canadian protection claims.