The story of the family of Carlos, Antonia, and their son Alejandro (names changed for safety) has become the centerpiece of a lawsuit filed by the Canadian Council for Refugees, Amnesty International Canada, and three Honduran citizens. The family fled Honduras in 2021 due to gang violence, but upon reaching the US border, they were unable to file for asylum out of fear of detention and deportation.
Because Carlos had relatives in Canada, they continued northward. At the Fort Erie port of entry, Canadian border officials offered to admit only Carlos and Alejandro, while Antonia—who had no relatives in Canada—was required to return to the US. When the family refused to separate, they were sent back to the US and later deported to Honduras. All three are now in hiding, fearing gang retaliation.
According to advocacy groups, the Safe Third Country Agreement (STCA), in effect since 2004, requires asylum seekers to apply in the first country they enter. Initially applied only at official ports of entry, the agreement was later expanded. While the STCA includes 'safety valves' allowing border officials to grant exemptions in humanitarian cases, rights groups say these provisions exist only in theory.
An increasing number of asylum seekers are being returned by Canadian authorities to the US and detained there, despite expressing fears of persecution. Lawyers for the plaintiffs argue that asylum seekers are often not informed of their right to request an exemption, lack the opportunity to present evidence, and must make quick decisions without legal assistance.
The Canadian government defends its position, asserting that the US still meets the legal requirements to be considered a safe third country. Meanwhile, Canada is tightening its domestic asylum system with new regulations, leading critics to accuse Prime Minister Mark Carney's administration of adopting 'Trump-style' policies. The lawsuit now awaits a court decision on whether it will be heard.
