A Canadian judge has ruled that the United States can no longer be considered a “Safe Third Country” for refugees, thereby negating the ability of the Canadian government to send asylum seekers and refugees back to the US, the Toronto Star reports.
A Safe Third Country Agreement is an agreement between two nations whereby a nation that sees an influx of refugees or asylum seekers may request that a third country house the individuals. For a country to be deemed “safe,” it must provide food, shelter and medical care to the refugees, as well as uphold specific human rights, according to the agreement.
Justice Ann Marie McDonald ruled Wednesday that the United States does not uphold those “liberty rights” (as they are known in Canada) because of current Trump Administration policies, and she reprimanded both governments for failing to live up to the agreement
“It is my conclusion, based upon the evidence, that ineligible STCA claimants are returned to the U.S. by Canadian officials where they are immediately and automatically imprisoned by U.S. authorities. This is sufficient to establish … liberty rights are engaged,” McDonald wrote. “The evidence demonstrates that the immediate consequence to ineligible STCA claimants is that they will be imprisoned solely for having attempted to make a refugee claim in Canada.”