(BUFFALO, NEW YORK) A Canadian refugee applicant, Mahin Shahriar, is in ICE custody after crossing from Canada into the United States at the Buffalo border crossing on May 12, 2025. Shahriar, originally from Bangladesh, told supporters he crossed by mistake during what he believes was a human trafficking attempt. He is now detained in Buffalo, while Canada 🇨🇦 has refused to readmit him under the Safe Third Country Agreement (STCA). With no legal status in the United States 🇺🇸, he remains in detention as removal and asylum procedures play out.
Shahriar’s situation highlights a growing problem for asylum seekers who move between the two countries, even briefly or unintentionally. Under the STCA, a person who arrives in either Canada or the United States must make their asylum claim in the first “safe” country they reach. Canadian officials have applied that rule to people returned at land ports of entry and, in many cases, to those attempting to come back after entering the United States. In Shahriar’s case, officials say he doesn’t meet an exemption, so they declined to take him back.
Canadian and U.S. advocates say the consequences are harsh. In 2025, Canadian authorities have returned more than 1,600 asylum seekers to the United States without hearing their claims, according to legal aid groups monitoring the issue. Many of those people end up in ICE custody if they lack U.S. status. That pattern appears to mirror what happened to Mahin Shahriar, who remains detained near where he crossed.
Safe Third Country rules at issue
The Safe Third Country Agreement (STCA) is a bilateral treaty that shapes who can ask for refugee protection at the land border. It generally requires asylum seekers to ask for protection in the first safe country they enter, with limited exceptions.
Key points about how the STCA is applied:
– It is enforced at land ports of entry such as Buffalo and the Peace Bridge.
– Exemptions are limited; one common exemption is the family unity exemption (having a close family member in the country where one is trying to claim asylum).
– Canadian public guidance explains the system and exemptions in detail; official information is available at the Government of Canada website: Immigration, Refugees and Citizenship Canada.
Advocates argue the border screening process often moves quickly and can miss valid exemptions. Reasons this can happen include:
– People cannot produce necessary documents on the spot.
– Individuals are too stressed to clearly explain family links or other exemptions.
– Traumatic circumstances, such as human trafficking, are not automatically treated as exemptions unless specific criteria are proved and accepted by border officers.
As a result, even individuals who report exploitation may not be readmitted to Canada 🇨🇦 unless they meet a listed exemption and provide evidence that border officers accept.
Advocacy warnings and human impact
Shahriar’s claim of being drawn into a human trafficking attempt adds urgency and complexity to his case. He says he never intended to enter the United States 🇺🇸 and was pushed across the border during the incident.
Important practical realities:
– A trafficking allegation alone does not trigger automatic readmission to Canada or immediate release from U.S. detention.
– Without clear proof of a recognized STCA exemption, people in Shahriar’s position can remain detained in ICE facilities while their cases proceed.
– U.S. immigration detention is civil, not criminal, but can last weeks or months.
Grassroots groups in both countries report that the U.S. asylum system feels unstable for border-returned claimants. They note:
– Increased reports of fast-track deportations.
– Reduced access to protection for people returned at land ports.
– Confusion over STCA exceptions—especially the family unity exemption—that causes some qualified applicants to be turned away due to lack of paperwork or inability to explain their situation at first contact.
Policy context and rising stakes
In 2025, these on-the-ground concerns coincide with policy changes in Canada. The government has tabled Bill C-2, which would tighten rules for migrants and refugee applicants. Advocates warn that stronger restrictions could further raise the stakes for people like Mahin Shahriar if they leave Canada 🇨🇦 or are diverted, even briefly, into the United States 🇺🇸.
Analysis by observers (for example, VisaVerge.com) notes that cross-border asylum cases continue to draw legal and political attention because a single decision at a port of entry can determine whether a person is allowed to wait in the community or ends up in detention.
Practical advice from advocates
Advocates and legal clinics encourage refugee applicants in Canada to prepare before traveling near land ports. Common recommendations:
– Carry proof of close family ties in Canada (e.g., birth certificates, marriage certificates, immigration documents for the family member).
– Learn about STCA exemptions ahead of time.
– Consult guides from groups like Bridges Not Borders and the Canada-U.S. Border Rights Clinic that explain common mistakes and how to prepare for border screening questions.
For people already returned to the United States:
– Those without U.S. status are usually taken into ICE custody (as in Shahriar’s case).
– From detention, individuals may face removal unless they can present claims for protection or find an alternate legal route.
– Access to legal counsel can change outcomes, but detention often makes it harder to contact lawyers and gather evidence—especially for those who just lost belongings during a border encounter.
Warning: The practical outcomes at land border crossings vary widely. Even people who appear to qualify for an STCA exemption can be returned and later need lawyers to challenge the decision.
Human toll and broader effects
The rising number—more than 1,600 returns in 2025—has created real human strain:
– Families are split across borders.
– Children witness parents taken into detention.
– Community groups receive urgent calls from people afraid that a wrong turn, a misunderstanding, or the actions of smugglers will end with detention instead of shelter.
Shahriar’s account of a trafficking attempt is a stark reminder of how quickly control can slip away during a border journey. Officials in both countries say they aim to screen for exploitation and protect victims. But advocates contend that until rules are applied consistently and exemptions are clearly understood and documented at first contact, more people will end up in situations like Shahriar’s—stuck between systems, waiting in detention, and unsure where they can lawfully ask for safety.
Next steps and current status
- Shahriar remains in detention in Buffalo, New York, as officials determine next steps.
- Unless he can show an exemption under the STCA—or establish another lawful basis to remain—his path depends on U.S. rules on detention and removal.
- Supporters say he needs legal help and an opportunity to present his story, including the trafficking claim, to the proper officials.
As of October 16, 2025, Mahin Shahriar remains in an ICE facility in Buffalo. His case underscores a simple but hard reality: at the shared Canada–U.S. land border, a single crossing—intentional or not—can define the next chapter of a person’s life.
If you are seeking help or more information:
– People in Canada 🇨🇦 who fear risk near land ports should contact local legal clinics before traveling.
– Those already in the United States 🇺🇸 after a return should try to contact family or community groups who may help locate legal counsel.
While none of these steps guarantee an exemption or release, they can reduce the chances that missed information at first contact will change the outcome.
This Article in a Nutshell
Mahin Shahriar, a Bangladeshi refugee applicant, was detained by ICE after crossing from Canada into the United States at Buffalo on May 12, 2025. He says the crossing was accidental and tied to a suspected human trafficking attempt. Canadian authorities refused to readmit him under the Safe Third Country Agreement, concluding he did not qualify for an exemption. In 2025 Canadian returns at land ports have exceeded 1,600 people, many of whom end up in ICE custody. Advocates warn that quick border screenings, lack of documentation, and stress can prevent valid exemptions from being recognized. Legal clinics advise carrying proof of family ties, learning STCA exemptions, and seeking counsel to avoid detention or to challenge readmission decisions.
