The Safe Third Country Agreement, or STCA, is an agreement made between Canada and the United States in 2002. The agreement was designed to manage the flow of refugee claimants between the two countries. Under the STCA, a refugee claimant who arrives in one country must seek asylum in that country and cannot make a claim in the other country unless they are granted an exemption. So, what is the Safe Third Country Agreement with the United States?
Under the STCA, both Canada and the United States are considered safe countries for refugees. This means that refugees who come to Canada through the United States must make their claim in the United States first, and similarly, refugees who come to the United States through Canada must make their claim in Canada first. The STCA is based on the assumption that both countries have equivalent and fair refugee protection systems.
However, the STCA has been heavily criticized by refugee advocates who argue that the United States is not a safe country for refugees. In particular, the policy of separating children from their parents at the United States-Mexico border and the Trump administration`s efforts to ban refugees from Muslim-majority countries have led many to argue that the United States does not meet the standards of a safe country.
In addition, Canada`s Federal Court has ruled that the STCA violates the Canadian Charter of Rights and Freedoms because it forces refugees to seek asylum in the United States, which is not a safe country. As a result, the court struck down the agreement in 2020, but that ruling was put on hold because of an appeal by the Canadian government.
In conclusion, the Safe Third Country Agreement is a policy designed to manage the flow of refugee claimants between Canada and the United States. While the agreement assumes that both countries are safe for refugees, many argue that the United States does not meet this standard. As the legal battle over the agreement continues, it remains to be seen what the future holds for the STCA and refugees seeking asylum in Canada or the United States.