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U.S. strikes deal with Canada over northern border, asylum seekers

The U.S. and Canada have struck an agreement that allows each country to turn back asylum seekers who cross the northern border without authorization, according to internal documents obtained by The Times and a source familiar with the negotiations.

The deal will expand the ability of Canadian and American border officials to turn back asylum seekers who cross without authorization. The new policy, which applies to people who are caught within 14 days of crossing without permission, is expected to take effect soon.

The U.S. hopes the addition will “reduce incentives” to cross the border irregularly, according to the source, who was granted anonymity in order to discuss a still-confidential agreement. The negotiations, which have been going for several years, came as both countries saw an increase in movements in both directions across the border, the source said.

Both the U.S. and Canada have struggled to deal with migrants who cross their borders without permission. President Biden and Prime Minister Justin Trudeau are expected to begin a series of meetings on Thursday in Ottawa, Canada, to discuss key strategic interests, including migration.

The deal is an update to the so-called Safe-Third Country Agreement made by the two countries in 2004. That agreement has long required migrants who enter through an official port of entry to seek asylum in the country they pass through.

The old agreement, however, did not apply to those who crossed the northern border without permission.

As part of the agreement, Canada is expected to announce 15,000 slots for migrants from the Western Hemisphere to apply to enter the country legally, a source familiar with the negotiations said.

The Biden administration has shifted its immigration strategy in recent months with the aim of deterring migrants from attempting to cross the southern border. Border crossings, which had increased for months, dipped dramatically in February after the U.S. began using Title 42, a public health law, to turn back Cubans, Venezuelans, Haitians and Nicaraguans to Mexico. At the same time, the administration also offered people from the four countries new legal ways to come to the U.S.

The administration also plans to implement a new rule at the southern border limiting asylum access for those who cross that border without authorization.

The new agreement with Canada, along with Ottawa’s decision to offer 15,000 new slots for legal entry, is part of the Biden administration’s efforts to work with other countries to increase consequences for people crossing without authorization while at the same time opening up legal pathways for migrants, the source explained.

The drop in border crossings in February proves that the new approach is already working at the southwest border, the source argued.

U.S. arrests of migrants at the U.S.-Canada, while rare compared with those on the U.S. border with Mexico, have gone up in the last several months, according to Department of Homeland Security data. The 2,856 arrests of migrants at the northern border this fiscal year, which began in October, have already eclipsed the prior year figure. Almost 40,000 migrants had entered into Canada from an area in northern New York, the Canadian Broadcasting Corp. reported last month.

Trudeau has said in interviews that Canada needed to address the increases in irregular migration at the border. Authorities in jurisdictions with high rates of border crossings have complained that their immigration services are overwhelmed by migrants who enter illegally.

“I can assure you that in my conversations directly with President Biden, I have told him it is a priority for us,” he told the CBC in an interview in February. The prime minister told CTV this week that the increases in crossings were a challenge not only for migrants but also for Canadians, who want their immigration system to be “rules-based” and applied to everyone.

The Canadian government has previously faced backlash for its original immigration deal with the U.S..

Immigrant advocates have called for Trudeau to suspend the law entirely, insisting that America’s immigration system doesn’t give asylum seekers a fair shake.

They also contend that U.S. detention is not safe for migrants and that conditions are deplorable.

A Canadian federal judge ruled in 2020 that the deal violates the Canadian constitution, siding with advocates who argued that sending asylum seekers back to the United States would deprive them of life, liberty and security — a tenant of Canada’s charter. Late last year, lawyers for the Canadian government defended the 19-year-old law to Canada’s Supreme Court, arguing that the U.S. immigration system is “fair and just” and that the law should stand.

Times staff writers Hamed Aleaziz reported from San Francisco, Erin B. Logan from Ottawa, Canada.

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