Like many Canadians, I was shocked by the Trump administration’s zero-tolerance policy in 2018, which led to the separation of children from their parents at the U.S. border. This policy, intended to deter illegal immigration, introduced even harsher measures into an already strained immigration system. Under this policy, federal authorities were empowered to prosecute parents for illegal entry, resulting in their children being taken away and placed in detention centers[1]. The distressing images and videos of children held in cages, crying out for their parents, were broadcast across multiple news outlets. Many news anchors struggled to maintain their composure as they reported on the brutal reality of this policy, which became a stark symbol of the administration’s harsh stance on immigration[2].
As a Canadian, I clung to the belief that we are a nation of immigrants, steadfast in our commitment to multiculturalism. I recalled when both the Conservative and NDP parties vied to promise residency to Syrian refugees in 2015[3]. However, my work with the HIV Legal Network revealed a more troubling narrative. Canada, too, has been separating children from their parents for years[4]. Children who do not accompany their detained parents are separated and may be transferred to child welfare authorities. In the 2019-2020 fiscal year, a total of 138 children spent time in detention, including 73 children under the age of six[5].
Canada has some of the most restrictive detention conditions in the world. Under the Immigration and Refugee Protection Act, the Canadian Border Services Agency (CBSA) has the power to arrest and detain foreign nationals, including refugees and permanent residents[6]. The law permits CBSA officers to arrest and detain individuals without a warrant if they have reasonable grounds to believe that the person is inadmissible to Canada, poses a danger to the public, or is unlikely to appear for an examination or other proceeding[7]. Disturbingly, the CBSA often detains foreign nationals without independent civilian oversight or any independent monitoring of its detention facilities[8]. Many of these detainees are held in immigration detention centers or provincial jails[9]. Although immigration detainees are supposed to be held for non-criminal purposes, these centers resemble medium-security prisons, enforcing sanctions typically associated with conventional jails, including the use of handcuffs, severe restrictions on movement, and solitary confinement[10].
Canada remains one of the few countries in the global north without a legal limit on the length of immigration detention[11]. During my internship at the HIV Legal Network, I discovered a report by Human Rights Watch detailing cases of detainees who have been held under the Immigration and Refugee Protection Act for over eleven years[12]. On average, detainees were held for 16.5 days in the 2023-2024 fiscal year, with 7% being held for more than 99 days in the first quarter alone. Last year, 29,455 refugees sought asylum from border guards upon arriving in Canada[13].
What does this mean for Canada and its reputation as an immigrant-friendly nation? We must confront the fact that there are ongoing smear campaigns against immigrants and asylum seekers, which have, for decades, seeped into public consciousness. Conservative leader Pierre Poilievre, for example, blames immigrants for rising housing costs and strains on the Canadian healthcare system, while refusing to acknowledge the benefits immigrants bring to Canadian society[14]. Newcomers have nearly single-handedly driven the growth of the Canadian economy in recent years[15]. A significant portion of nurses and healthcare workers in Canadian hospitals are recent arrivals or second-generation immigrants[16].
The work being done at the HIV Legal Network seeks to reframe the conversation on immigration, addressing the deeply entrenched narratives about the Canadian immigration system. I was able to contribute to this effort by writing a research memo that detailed the current realities of the immigration detention system and proposed ways Canada can live up to its promise of multiculturalism. We must abolish immigration detention centers—under no circumstances should a person be treated punitively for immigration-related reasons. As the child of immigrants and an immigrant myself, I feel incredibly fortunate to have contributed, in my small way, to this ongoing conversation.
[1] Southern Poverty Law Center (2022). Family separation – a timeline. [online] Southern Poverty Law Center. Available at: https://www.splcenter.org/news/2022/03/23/family-separation-timeline.
[2] Neufeld, J. (2018). Watch: Rachel Maddow cries at the family separation crisis. Corey Lewandowski mocks it. [online] Vox. Available at: https://www.vox.com/2018/6/20/17482904/corey-lewandowski-down-syndrome-rachel-maddow-cries-family-separation-crisis [Accessed 30 Aug. 2024].
[3] Staff, N. (2015). NDP and Liberals call for Canada to accept more Syrian refugees. [online] CityNews Vancouver. Available at: https://vancouver.citynews.ca/2015/09/05/ndp-foreign-affairs-critic-makes-non-partisan-call-to-end-syrian-refugee-crisis/ [Accessed 30 Aug. 2024].
[4] [4] ‘I didn’t feel like a human in there’ (2023) Human Rights Watch. Available at: https://www.hrw.org/report/2021/06/17/i-didnt-feel-human-there/immigration-detention-canada-and-its-impact-mental (Accessed: 22 June 2024).
[5] Ibid
[6] Immigration and Refugee Protection Act (2001) Government of Canada. Available at: https://laws.justice.gc.ca/eng/acts/i-2.5/section-55.html#:~:text=(b)%20has%20reasonable%20grounds%20to,transborder%20criminality%20or%20organized%20criminality
[7] Ibid
[8] Supra at 4
[9] Supra at 6
[10] Supra at 4
[11] Supra at 4
[12] Supra at 4
[13] Austen, I. (2024). For Most Refugees in Canada, a Warm Embrace. For Others, Jail. The New York Times. [online] 15 Jun. Available at: https://www.nytimes.com/2024/06/15/canada-refugees-immigration-prison.html.
[14] Raj, A. (2024). Althia Raj: Why Canada’s consensus on immigration is fraying. [online] Toronto Star. Available at: https://www.thestar.com/politics/why-canadas-consensus-on-immigration-is-fraying/article_6eb421ea-d281-11ee-aab3-770cf377dcf3.html.
[15] Government of Canada (2020). #ImmigrationMatters: Growing Canada’s future. [online] www.canada.ca. Available at: https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/immigration-matters/growing-canada-future.html.
[16] Immigration, R. and C.C. (2022). Immigration matters in health care. [online] www.canada.ca. Available at: https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/immigration-matters/growing-canada-future/health.html.