As US Tightens Enforcement, More Asylum Seekers Turn to Canada but Ottawa Closes Doors

Canada sees a 60% drop in asylum processing in 2026 as Bill C-12 and the Safe Third Country Agreement tighten border controls and implement strict deadlines.

September 2026 Visa Bulletin
28 advanced 0 retrogressed F-3 Rest of World ▲890d
Key Takeaways
  • Canada reports a sixty percent drop in asylum claims processed through August twenty twenty-six compared to last year.
  • New legislation, Bill C-twelve, implements strict new filing deadlines of fourteen days for irregular border crossers.
  • The Safe Third Country Agreement continues to return hundreds of claimants to the United States land border.

Canada is processing far fewer asylum claims in 2026, even as people fleeing tougher US immigration enforcement continue to look north. By August 9, the Canada Border Services Agency had handled nearly 9,000 applications, more than 60% fewer than at the same point in 2025.

Haitians formed the largest nationality group at land-border ports of entry. The agency had returned almost 900 asylum seekers to the United States since January after finding them ineligible under the Safe Third Country Agreement.

Free toolCanada Express Entry Points Calculator
As US Tightens Enforcement, More Asylum Seekers Turn to Canada but Ottawa Closes Doors
As US Tightens Enforcement, More Asylum Seekers Turn to Canada but Ottawa Closes Doors

The figures show a narrower route, not a newly opened one. Ottawa still accepts some claims, but new deadlines and longstanding border rules can prevent applicants from reaching a full hearing.

Prime Minister Mark Carney said in 2025 that it was “not acceptable” for people to leave the United States specifically to seek asylum in Canada. He said Canada “can and will send many claimants back.”

The change follows a tightening of US enforcement under the second Trump administration. Stephen Miller, a senior adviser, declared: “America's doors are closed fully to asylum seekers.”

On March 26, 2026, Parliament’s new Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent. The law added two separate grounds for blocking a claim before a full hearing.

Two new deadlines can stop claims before a full hearing

The first deadline applies to anyone who waits more than one year after entering Canada to file. The second applies to people who entered irregularly from the United States and waited more than 14 days.

SituationEffect under the 2026 rules
Claim filed more than one year after entry into CanadaIneligible for a full hearing
Irregular entry from the United States, followed by filing after 14 daysIneligible for referral to the refugee board
One-year limit applied retroactivelyReaches back to June 2020

The one-year rule could affect approximately 19,000 pending applications, according to the additional research. Claimants fell by 63% between January and April 2026 compared with the same period in 2024.

The new restrictions apply alongside the existing border pact. Immigration, Refugees and Citizenship Canada told Parliament on March 23 that people generally must seek protection in the first safe country they reach, either Canada or the United States, unless they meet an exception or exemption.

Canada processed over 114,520 asylum claims in 2025, according to the department’s 2026 materials. That represented a 34% drop from the previous year.

The agreement still sends most US arrivals back

The arrangement applies at official Canada-US land crossings. It also reaches people who cross between ports after the two countries expanded it in March 2023.

That expansion covers the entire 5,525-mile land border, including internal waterways. It closed the practical route once associated with Roxham Road, where people crossed outside official ports to seek protection.

Several exceptions remain. They include close family ties in Canada, certain unaccompanied minors, and some people holding valid documents. Applicants who do not qualify can be returned to the United States.

The effects can split families. At the Fort Erie crossing in June 2026, a border agent allowed Carlos and his son to enter because they had family in Canada. Antonia, identified in the research as part of the Honduran family, was ordered back because she did not independently meet the exception.

Advocacy groups describe the returns as “handing people over to ICE” and part of a system marked by “cruelty and chaos.”

Ottawa is pairing stricter screening with longer waits and work access

Refugee proceedings can take time. The average wait for a claim in Canada has reached 44 months.

Ottawa published draft regulations June 19 to make open work permits permanent for asylum seekers whose claims are found eligible. The permits would be available before the final hearing by the Immigration and Refugee Board.

Lena Metlege Diab, the immigration minister, defended the legislation after it passed.

“A well-managed asylum system benefits everyone. These reforms help people who need protection receive it sooner. and facilitate faster decisions for people who don't qualify”

Marc Miller, the former immigration minister, said in late 2024 that he believed the system was being “gamed,” including through the use of student visas followed by asylum claims.

The government also invested $1.3 billion in border measures after the 2024 US election. The program was described in the research as militarizing the Canada-US border.

Refugee groups are challenging the returns in court

The Canadian Council for Refugees and Amnesty International filed a legal challenge June 17, 2026. They argue that returning people under the border pact violates the Canadian Charter of Rights and Freedoms.

The groups characterize the US system as involving “mass deportation agendas.” The case comes as Haitian nationals appear prominently in Canadian border-processing figures and as the end of US protections prompts some to consider Canada.

Ketty Nivyabandi, Secretary General of Amnesty International Canada, said the policy exposes people to danger.

“Instead of protecting people fleeing persecution, Canada is violating their rights and exposing them to harm”

The challenge targets the returns themselves, while Bill C-12 adds separate filing barriers inside Canada. Together, the measures narrow access at both stages: entry and referral.

Public pressure is shaping a lower admissions target

A 2025 Environics Institute survey found that 44% of Canadians agreed there was “too much immigration.” The sentiment is reflected in the Carney government’s 2026–2028 Immigration Levels Plan.

That plan caps permanent resident admissions at 380,000 annually. Permanent residence is separate from an asylum claim, but the target signals the broader direction of federal immigration policy.

The government’s asylum materials say Canada continues to process claims, including those that qualify under exceptions. The border numbers show how sharply access has narrowed since 2025.

People also ask

Answers from VisaVerge guides
How does Bill C-2 affect asylum claims in Canada?

Bill C-2 restricts asylum claims after June 24, 2020, by allowing only a 14-day filing window for U.S. land crossings and making people ineligible for refugee protection if they entered Canada after that date and waited more than one year to make their claim.

Read: Concerns Raised Over Canada's Border Security Bill C-2 Overreach
What are the new rules regarding asylum claims under Bill C-12?

Asylum claims filed more than 12 months after entry into Canada would be barred under the new rules.

Read: Canada's Bill C-12 Ahead of Royal Assent Tightens Immigration Rules
How will the new bill affect the processing of asylum claims in Canada?

Asylum system reforms under Bill C-2 include simplified online application processes, faster referrals to the Immigration and Refugee Board of Canada (IRB), and new ineligibility rules for late arrivals.

Read: Understanding Canada's New Immigration Bill and Its Implications
What is the current status of Canada’s asylum processing system under strain from increased claims?

The asylum processing system in Canada is experiencing a backlog due to a sharp increase in claims, with the number doubling in 2023 compared to the previous year, while funded capacity remains near 50,000 claims per year.

Read: Marc Miller: Canada's Immigration Limits Amid Refugee Pressures
How did Canada respond to the rise in asylum seekers in 2023?

Canada responded by closing Roxham Road and expanding the Safe Third Country Agreement to manage the influx of refugees and asylum seekers.

Read: Canada Ranks Fifth in Asylum Seekers Received in 2023
CA flag
Canada
Americas · Ottawa · Passport Rank #39
● Level 1 — Exercise Normal Precautions
What do you think? 0 reactions
Useful? 0%
Oliver Mercer

As Chief Editor at VisaVerge.com, Oliver Mercer steers the site's editorial direction with a particular focus on Canadian and Oceania immigration — from Express Entry and provincial programs to Australian and New Zealand visa routes. He curates and edits content, guides the writing team, and safeguards factual accuracy across every article. Under Oliver's leadership, VisaVerge has become a trusted source for clear, comprehensive immigration guidance.

Subscribe
Notify of
guest

0 Comments