Canada Sued Over Returning Migrants to US Amid ICE Crackdown - Newsweek

The Canadian government is back in court over its policy of returning asylum seekers to the United States amid warnings that President Donald Trump's immigration crackdown is putting vulnerable migrants at risk.

Refugee organizations say people fleeing persecution face detention by ICE, separation from their families and possible deportation to countries where their lives could be in danger.

Amnesty International Canada, the Canadian Council for Refugees (CCR), the Canadian Council of Churches and former refugee claimants are challenging the policy, arguing that it discriminates against vulnerable groups, including women and LGBTQ asylum seekers.

Protesters gathered in Toronto and Montreal this week to support the legal challenge and demand that Canada scrap its Safe Third Country Agreement (STCA) with the United States. Demonstrators in Montreal carried signs reading "Canada must protect, not send back" and "Humanity has no borders."

The dispute comes as Trump's administration expands immigration detention and deportation operations, raising fresh questions about whether the United States can still be considered a safe destination for people seeking protection.

The Federal Court is hearing the latest stage of a longstanding constitutional challenge, while a separate lawsuit filed in June has raised further questions about Canada's treatment of asylum seekers.

The dispute centers on the STCA, which has operated between Canada and the United States since December 29, 2004.

Under the agreement, asylum seekers are generally expected to request protection in whichever of the two countries they enter first.

That means someone who travels through the United States before reaching Canada can be turned away at the Canadian border, even if they would prefer to seek asylum in Canada.

There are exceptions, including for certain people with family members in Canada, unaccompanied minors and some holders of immigration documents.

In March 2023, the agreement was expanded under former President Joe Biden and former Canadian Prime Minister Justin Trudeau to cover people seeking asylum within 14 days of crossing between official border checkpoints, closing a route previously used by some asylum seekers.

Canada argues that the arrangement helps manage asylum claims between the two countries and prevents people from making duplicate applications.

Ketty Nivyabandi, secretary general of Amnesty International Canada's English-speaking section, said: "The United States is not a safe place for migrants and refugees, particularly those who are racialized women, children, or LGBTQI+ people. The practice of sending some of the most vulnerable people in society back to the U.S.—right into the hands of ICE—is unjust and un-Canadian."

CCR President Asma Faizi said: "The evidence we present in this case, and the horrors of ICE that Canadians can see unfolding on their news screens, make it clear that the U.S. asylum system is broken and dangerous—particularly for racialized women, children, and LGBTQIA+ refugees.

"Since the Canadian government is not acting on what is plain for all to see, we are asking the court to strike down the designation of the U.S. as a safe country for refugees."

Janet Anstead, general secretary of the Canadian Council of Churches, said: "The treatment of individuals, especially the most vulnerable, under the U.S. asylum system is antithetical to our core Christian values. We are grateful to stand in solidarity with Amnesty International Canada and the Canadian Council for Refugees as we insist that Canada stay true to its ideals as enshrined in the Charter of Rights and Freedoms."

The first case asks whether Canada's policy of returning certain asylum seekers to the United States violates equality protections under the Canadian Charter of Rights and Freedoms.

The challenge dates back to 2017 and has already reached Canada's highest court.

In 2020, a Federal Court judge ruled that the STCA violated constitutional protections relating to liberty and personal security. That decision was subsequently overturned by the Federal Court of Appeal.

In June 2023, the Supreme Court of Canada unanimously rejected the challenge under Section 7 of the Charter, finding that the legal framework contained safeguards intended to prevent people from being returned to danger.

However, the judges left a separate question unresolved: whether the agreement discriminates against particular groups of asylum seekers.

That issue, involving equality protections under Section 15 of the Charter, was sent back to the Federal Court.

The November 2026 hearings are the latest stage of that longstanding constitutional challenge.

A second constitutional challenge was launched in June 2026 by Amnesty International Canada, the Canadian Council for Refugees and families who sought asylum in Canada.

That lawsuit accuses Canadian authorities of failing to provide safeguards recognized by the Supreme Court in 2023 to prevent vulnerable asylum seekers from being returned to danger.

Unlike the November proceedings, which focus on alleged discrimination, the second case concerns whether Canada's handling of individual asylum claims violates constitutional protections relating to liberty and personal security.

Immigration, Refugees and Citizenship Canada said it could not comment on ongoing court proceedings but defended the agreement as a way to keep the border orderly.

"It helps avoid sudden spikes in asylum claims that could overwhelm border crossings, housing, and processing systems," Canada's immigration department said.

"This means Canada can keep the border orderly while continuing to offer protection to people who need it."

A further hearing in the longstanding constitutional challenge is scheduled for December 16.

The Federal Court must consider whether Canada's designation of the United States as a safe country for refugees violates constitutional protections against discrimination.