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The Canada–United States Safe Third Country Agreement ( STCA , French : Entente sur les tiers pays sûrs , ETPS ) is a treaty, entered into force on 29 December 2004, between the governments of Canada and the United States to better manage the flow of refugee claimants at the shared land border .

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49-499: STCA may refer to: Canada–United States Safe Third Country Agreement , a treaty between Canada and the United States respecting eligibility of refugee claimants at their shared land border Short Term Conflict Alert STCA (Subject to Council Approval) is an abbreviation commonly used in real estate . Typically applied to "Renovators Delight" homes when for sale and stating that

98-574: A considerable distance from their original residences. During the Holocaust, the Nazis made heavy use of euphemisms , where "deportation" frequently meant the victims were subsequently killed, as opposed to simply being relocated. The Soviet Union under Joseph Stalin carried out forced mass transfers of some 6 million people during the 1930s and 1940s, resulting in millions of deaths. As many as 110 separate deportations have been catalogued, included

147-715: A country other than the United States who arrive from the US at the Canada–United States land border can only pursue their refugee claims in Canada if they meet an exception under the Safe Third Country Agreement. In March 2023, the Safe Third Country Agreement was updated to enact tougher immigration policies, especially with regards to asylum seekers and border crossing at 'irregular' border crossings like Roxham Road . The STCA has faced challenges in

196-407: A person who is seeking refugee protection in country B was determined not to be a refugee in country A, and is in transit through country B as part of their deportation . For example, a refugee claimant in Canada who has been determined not to be a refugee in the United States, has been ordered deported from the United States, and is in transit through a Canadian airport as part of their removal from

245-478: A substantial portion of early colonists in Portuguese empire . From 1717 onward Britain deported around 40,000 British religious objectors and "criminals" to America before the practice ceased in 1776. Jailers sold the "criminals" to shipping contractors, who then sold them to plantation owners . The "criminals" worked for the plantation owner for the duration of their sentence. After Britain lost control of

294-489: A suspension of the agreement, while the Green Party of Canada voiced support for suspending the agreement. Ahmed Hussen , speaking as Canada's Minister of IRCC , claimed that the conditions of the Safe Third Country Agreement continued to be met. The governing Liberal Party of Canada did not communicate any plans or intentions to suspend the agreement. Safe third country agreements are not explicitly mentioned in

343-418: Is different from Wikidata All article disambiguation pages All disambiguation pages Canada%E2%80%93United States Safe Third Country Agreement Under the agreement, persons seeking refugee status must make their claim in the first country in which they arrive, between either the United States or Canada, unless they qualify for an exception. For example, refugee claimants who are citizens of

392-793: Is hypothesized that some of them founded the Chinese city of Li-Jien after becoming soldiers for the Hsiung-nu , but this is doubted. Hyrcanus II , the Jewish king of Judea (Jerusalem), was settled among the Jews of Babylon in Parthia after being taken as captive by the Parthian-Jewish forces in 40 BC . Roman POWs in the Antony's Parthian War may have suffered deportation. Deportation

441-744: Is not recorded. Instances include: Unlike in the Achaemenid and Sassanian periods, records of deportation are rare during the Arsacid Parthian period. One notable example was the deportation of the Mards in Charax , near Rhages (Ray) by Phraates I . The 10,000 Roman prisoners of war after the Battle of Carrhae appear to have been deported to Alexandria Margiana (Merv) near the eastern border in 53 BC, who are said to married to local people. It

490-457: Is under sentence of deportation is called a deportee . Definitions of deportation vary, with some implicating "transfer beyond State borders" (distinguishing it from forcible transfer), others considering it "the actual implementation of [an expulsion] order in cases where the person concerned does not follow it voluntarily", and others differentiating removal of legal immigrants (expulsion) and illegal immigrants (deportation). Deportation in

539-524: The Canadian Charter of Rights and Freedoms to "life, liberty, and security of the person." As when enforcing STCA, the refugees returning to the US are detained and imprisoned there, which is a “foreseeable” consequence of Canada's actions. The decision was suspended for six months to allow time for the Parliament of Canada to respond by changing legislation or for the government to appeal

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588-661: The Neo-Assyrian Empire following the fall of Israel and during Sennacherib's campaign in the 8th century BC. Later, the Neo-Babylonian Empire deported much of the Judean population upon conquering Judah in 597 BC and 587 BC. Deportation was practiced as a policy toward rebellious people in Achaemenid Empire . The precise legal status of the deportees is unclear; but ill-treatment

637-753: The New Democratic Party (NDP), proposed an emergency debate on "President Trump's ban on immigration and travel from seven countries in the Middle East and North Africa." During the debate, the NDP called on the government to immediately suspend the Safe Third Country Agreement, citing that "Canada can no longer have confidence that the American refugee system is providing a safe haven for those who face persecution." The Official Opposition Conservative Party of Canada stated that they would not oppose

686-680: The " Huns ". the prisoners were freed by the Persians as they reached Persia, and were settled in Slōk ( Wēh Ardashīr ) and Kōkbā (Kōkhē). The author of the text Liber Calipharum has praised the king Yazdegerd I (399–420) for his treatment of the deportees, who also allowed some to return. Major deportations occurred during the Anastasian War , including Kavad I 's deportation of the populations of Theodosiopolis and Amida to Arrajan (Weh-az-Amid Kavad). Major deportations occurred during

735-641: The 1930s, during the Great Depression, more stringent enforcement of immigration laws were ordered by the executive branch of the U.S. government, which led to increased deportation and repatriation to Mexico. In the 1930s, during the Great Depression , between 355,000 and 2 million Mexicans and Mexican Americans were deported or repatriated to Mexico, an estimated 40 to 60% of whom were U.S. citizens – overwhelmingly children. At least 82,000 Mexicans were formally deported between 1929 and 1935 by

784-475: The 1935 novel, Strange Passage by Theodore D. Irwin. Films depicting or dealing with fictional cases of deportation are many and varied. Among them are Ellis Island (1936), Exile Express (1939), Five Came Back (1939), Deported (1950), and Gambling House (1951). More recently, Shottas (2002) treated the issue of U.S. deportation to the Caribbean post-1997. Notes As far as deportation

833-797: The 1951 Convention Relating to the Status of Refugees or the 1967 Protocol Relating to the Status of Refugees . Instead, their legality is derived from Article 31 of the 1951 convention, which states that a refugee should not be punished for illegally entering a country if they are arriving directly from a country where they were under threat. The Office of the United Nations High Commissioner for Refugees (UNHCR) itself has cautioned against interpreting safe third country agreements too broadly, though it acknowledges that they may be acceptable in some circumstances. Such ambiguities have led some legal professionals in Canada to question

882-480: The Arab incursion into Persia during Shapur II 's reign, he scattered the defeated Arab tribes by deporting them to other regions. Some were deported to Bahrain and Kirman , possibly to both populate these unattractive regions (due to their climate) and bringing the tribes under control. In 395 AD 18,000 Roman populations of Sophene , Armenia , Mesopotamia , Syria , and Cappadocia were captured and deported by

931-713: The Canadian courts alleging that Canada's participation violates the Canadian Charter of Rights and Freedoms . After success for the challengers in Federal Court in 2020, but overturn in the Federal Court of Appeal , in June 2023 the Supreme Court of Canada found no violation of section 7 of the Charter, but sent the case back to Federal Court for review of whether it might violate section 15 . The agreement

980-495: The Charter, but sent the case back to Federal Court for review of whether it might violate section 15. Deportation Deportation is the expulsion of a person or group of people from a territory. The actual definition changes depending on the place and context, and it also changes over time. Forced displacement or forced migration of an individual or a group may be caused by deportation, for example ethnic cleansing , and other reasons . A person who has been deported or

1029-536: The U.S.) instigated a legal challenge of the U.S.'s claim as a third safe country for refugees seeking asylum. This legal challenge was supported by prominent figures such as Judge Michael Phelan of the Federal Court of Canada on November 29, 2007, and many others. Canada's Federal Court ruled on July 22, 2020, that the Safe Third Country Agreement was invalid because it infringes on the rights of asylum seekers, specifically rights guaranteed under section 7 of

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1078-808: The U.S., while the U.S. will also be able to turn back asylum seekers who travel across the border from Canada. In return, Canada agreed to allow 15,000 more people from the Western Hemisphere to migrate to Canada legally. Nevertheless, the revision is acknowledged to have limited the movement of asylum seekers. Canadian Prime Minister Justin Trudeau confirmed that the revisions would go into effect that midnight. Shortly after inauguration , U.S. President Donald Trump signed these Executive Orders, which have since been revoked by his successor, Joe Biden : In response to Executive Order 13769, immigrant and civil-rights advocacy groups in Canada called for

1127-441: The US, they would not be sent back if they cross at locations in between designated ports of entry ; in this case, their claims will be heard, and many immigration experts consider this to be a loophole within the agreement. On March 24, 2023, the U.S. and Canada revised the asylum seeker policy. Under the revision, Canada will be allowed to send migrants who cross at unofficial ports of entry at America's northern border back to

1176-558: The United States by being arrested and brought to the federal immigration control station on Ellis Island in New York Harbor and, from there, forcibly removed from the United States on ships. Many criticize deportations as inhumane, as well as questioning their effectiveness. Some are completely opposed towards any deportations, while others state it is inhuman to take somebody to a foreign land without their consent. In literature, deportation appears as an overriding theme in

1225-470: The United States since early 2017. Roxham Road was shut down months after the expansion of the STCA in 2023. On the Canadian side, the STCA has been challenged on the grounds that lack of safety laws to protect refugees in the United States gives refugees legitimate grounds to cross over to Canada for a better life. On December 29, 2005, a group of refugee and human-rights organizations (both in Canada &

1274-414: The United States. Exceptions to the Safe Third Country Agreement are defined as four types: In addition to meeting the criteria for an exception under the agreement, refugee claimants must still meet all other eligibility criteria of the relevant immigration legislation for the country that they are claiming status in. Though refugee claimants who enter Canada at official crossings are usually sent back to

1323-468: The actual implementation of such order in cases where the person concerned does not follow it voluntarily." According to the European Court of Human Rights , collective expulsion is any measure compelling non-nationals, as a group, to leave a country, except where such a measure is taken on the basis of a reasonable and objective examination of the particular case of each individual non-national of

1372-583: The agreement were repealed. From January 2017 to March 2018, the RCMP intercepted 25,645 people crossing the border into Canada outside official border checkpoints . Roxham Road near the route between Plattsburgh, New York and Montreal saw the most crossings and became a proxy name for this trend. Public Safety Canada estimates another 2,500 came across in April 2018 for a total at just over 28,000. As of early 2019, over 40,000 people crossed into Canada from

1421-762: The area which became the United States, Australia became the destination for "criminals" deported to British colonies. Britain transported more than 160,000 British "criminals" to the Australian colonies between 1787 and 1855. Meanwhile, in Japan during Sakoku , all Portuguese and Spanish people were expelled from the country. In the 18th century the Tipu Sultan , of Mysore , deported tens of thousands of civilians, from lands he had annexed, to serve as slave labour in other parts of his empire, for example the: Captivity of Mangalorean Catholics at Seringapatam . In

1470-717: The beginning of the 20th century the control of immigration began becoming common practice, with the Immigration Restriction Act 1901 in Australia, the Aliens Act 1905 in the United Kingdom and the Continuous journey regulation of 1908 in Canada, elevating the deportation of "illegal" immigrants to a global scale. In the meantime, deportation of "regular residents" also increased. In

1519-554: The border. This loophole was closed after the expansion of the STCA in 2023 which made asylum seekers not eligible to make an asylum claim within 14 days of entering Canada from the US along the land border. Julie Taub, an immigration and refugee lawyer, claims that, since the introduction of the Agreement in late 2004, the Canada Border Services Agency has lost its capacity and would be "overwhelmed" if

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1568-618: The campaigns of Khosrau I from the Roman cities of Sura , Beroea , Antioch , Apamea , Callinicum , and Batnai in Osrhoene , to Wēh-Antiyōk-Khosrow (also known as Rūmagān; in Arabic: al-Rūmiyya). The city was founded near Ctesiphon especially for them, and Khosrow reportedly "did everything in his power to make the residents want to stay". The number of the deportees is recorded to be 292,000 in another source. The Medieval European age

1617-743: The countries in the Persian Gulf have even used this to deport their own citizens, paying the Comoros to give them passports and accept them. The period after the fall of the Iron Curtain showed increased deportation and readmission agreements in parts of Europe. During its invasion of Ukraine , the Russian Federation has perpetrated mass deportations of Ukrainian citizens to Russia and occupied territories. While independent numbers are difficult to come by, and depending on

1666-477: The country illegally, overstayed or broken the conditions of their visa , or otherwise lost their legal status to remain in the country may be administratively removed or deported. Since the 1980s, the world also saw the development of practices of externalization /"offshoring immigrants", currently being used by Australia, Canada, the United States, the United Kingdom, and the European Union. Some of

1715-421: The decision. The decision was stayed again on October 26, 2020, by the Federal Court of Appeal to allow time to hear the case. The appeal was granted by the Federal Court of Appeal in April 2021, overturning the earlier Federal Court decision and upholding the STCA as constitutional. On June 16, 2023, the Supreme Court of Canada found that Canada's participation in the agreement did not violate section 7 of

1764-427: The degree of Russian coercion or force required to meet the definition of "deported", reported numbers range from tens of thousands to 4.5 million deportees. Dominican Republic deported more than 250,000 Haitians and Dominicans of Haitian descent to Haiti in 2023. Alexander Berkman , Emma Goldman , C.L.R. James , Claudia Jones , Fritz Julius Kuhn , Lucky Luciano , and Anna Sage were all deported from

1813-727: The deportees. These deportations initiated the spread Christianity in the Sassanian empire . In Rēw-Ardashīr ( Rishahr ; Yarānshahr), Persis, there was a church for the Romans and another one for Carmanians . Their hypothesized decisive role in the spread of Christianity in Persia and their major contribution to Persian economy has been recently criticized by Mosig-Walburg (2010). In the mid-3rd century, Greek-speaking deportees from north-western Syria were settled in Kashkar , Mesopotamia. After

1862-494: The existing home can be demolished and the land redeveloped. Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title STCA . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=STCA&oldid=985056008 " Category : Disambiguation pages Hidden categories: Short description

1911-941: The federal government to suspend the Safe Third Country Agreement. These groups included Amnesty International , the Canadian Civil Liberties Association , the Association québécoise des avocats et avocates en droit de l'immigration , the British Columbia Civil Liberties Association , the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees , and a group of 200 law professors from universities across Canada. On January 30, 2017, Immigration, Refugees and Citizenship Canada (IRCC) critic Jenny Kwan , of

1960-537: The government. Voluntary repatriations were more common than deportations. In 1954, the executive branch of the U.S. government implemented Operation Wetback , a program created in response to public hysteria about immigration and immigrants from Mexico. Operation Wetback led to the deportation of nearly 1.3 million Mexicans from the United States. Nazi policies deported homosexuals , Jews, Poles , and Romani from their established places of residence to Nazi concentration camps or extermination camps set up at

2009-434: The group. Mass expulsion may also occur when members of an ethnic group are sent out of a state regardless of nationality. Collective expulsion, or expulsion en masse, is prohibited by several instruments of international law . Expulsions widely occurred in ancient history, and is well-recorded particularly in ancient Mesopotamia . The kingdoms of Israel and Judah faced several forced expulsions, including deportations by

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2058-478: The late 19th century the United States of America began designating "desired" and "undesired" immigrants, leading to the birth of illegal immigration and subsequent deportation of immigrants when found in irregular situations. Starting with the Chinese Exclusion Act , the US government has since deported more than 55 million immigrants, the majority of whom came from Latin-American countries. At

2107-507: The legality of the Canada–United States Safe Third Country Agreement. As of February 2017, increasing numbers of refugee claimants began to cross the Canadian border at locations other than official border checkpoints . This is in order to avoid the effects of the agreement, any refugees presenting at a border crossing would be automatically turned back to the United States under the STCA provisions. As it

2156-435: The most general sense, in accordance with International Organization for Migration , treats expulsion and deportation as synonyms in the context of migration, adding: "The terminology used at the domestic or international level on expulsion and deportation is not uniform but there is a clear tendency to use the term expulsion to refer to the legal order to leave the territory of a State, and removal or deportation to refer to

2205-622: The targeting of at least 13 distinct ethnicities and 8 entire nations. Many historians have described Soviet deportations as ethnic cleansing , crimes against humanity , and/or genocide . An estimated 120,000 Serbs were deported from the Independent State of Croatia to German-occupied Serbia , and 300,000 fled by 1943. All countries reserve the right to deport persons without right of abode , even those who are longtime residents or possess permanent residency . In general, foreigners who have committed serious crimes, entered

2254-518: Was marked with several large religious deportations, including that of Christians, Jews and Muslims. For instance, the Almoravid deported Christians from Spain to Morocco, with mass deportations taking place in 1109, 1126, 1130 and 1138. With the beginning of the Age of Discovery , deporting individuals to an overseas colony also became common practice. As early as the 16th century, degredados formed

2303-627: Was not illegal under the Immigration and Refugee Protection Act or its associated regulations to cross the border outside of a port of entry as long as the person presented themselves to a Canada Border Services Agency officer without delay and STCA did not apply to claims outside of a port of entry, it was possible for persons otherwise ineligible to make a claim after crossing irregularly. In some cases, these refugees have received amputations due to frostbite and concerns have been raised that some refugees may freeze to death on their way across

2352-564: Was signed on December 5, 2002, in Washington, D.C. by Bertin Côté ( Deputy Head of Mission , Embassy of Canada ) and Arthur E. Dewey ( Assistant Secretary of State for Population, Refugees, and Migration , U.S. Department of State ). The Safe Third Country Agreement applies to refugee claimants who are seeking entry to Canada or the United States at Canada-United States land border crossings (including by rail). It also applies at airports if

2401-693: Was widely used by the Sasanians, especially during the wars with the Romans . During Shapur I 's reign, the Romans (including Valerian ) who were defeated at the Battle of Edessa were deported to Persis . Other destinations were Parthia , Khuzestan , and Asorestan . There were cities which were founded and were populated by Romans prisoners of war, including Shadh-Shapur ( Dayr Mikhraq ) in Meshan , Bishapur in Persis, Wuzurg-Shapur ( Ukbara ; Marw-Ḥābūr), and Gundeshapur . Agricultural land were also given to

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