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 April 11, 2023

Loophole in 'Safe Third Country' deal between Canada, US can block migrant expulsions

President Joe Biden met with Canadian Prime Minister Justin Trudeau last month, and while he embarrassed the United States once again, a "deal" he struck with Trudeau regarding illegal immigration has a major flaw.

According to an exclusive Daily Caller report, citing a memo obtained from the Department of Homeland Security (DHS), it was revealed that there's a loophole in the new "Safe Third Country" between the U.S. and Canada that will still allow illegals facing expulsion to make a case to stay.

That loophole means that detained illegals facing expulsion can "have their cases heard by an asylum officer to vet for 'credible fear' if one fears persecution or torture, according to the memo.

The language raises many questions, including who determines what "credible fear" is and what criteria must be met to achieve it.

Obviously, as soon as word gets out, detained illegals will all make the claim. Why wouldn't they?

"Noncitizens entering or attempting to enter the U.S. from Canada between POEs [Port of Entry] who request asylum or claim a fear of persecution or torture may be processed for expedited removal and referred to an asylum officer for a credible fear interview," the memo read.

It added: "Prior to proceeding with the credible fear interview, the asylum officer will conduct a threshold screening to determine whether an exception to the Agreement applies and the noncitizen will be allowed to proceed with the credible fear interview."

The Daily Caller explained the new agreement:

Biden and Trudeau announced a new “Safe Third Country” agreement March 24 that would force authorities on both sides of the northern border to return migrants who cross illegally to make their asylum claims in the first country of their arrival.

The exemption in the memo will allow not only those facing expulsion to make the claim but also those asking for asylum.

As an indicator of how often the "credible fear" card is played, in 2021 alone, there were some 60,000 claims. Imagine how bad that gets now, as illegal immigration continues to spiral out of control, even at the northern U.S. border.

The lucky illegals who successfully claim "credible fear" and obtain a favorable ruling will, in most cases, be released and simply given a future court date.

Whether they show up for that court date is one of the major problems of the immigration crisis -- most do not. Most will do whatever it takes, including gaming Biden's system, to be released into the United States with a piece of paper asking them to come back, often months or years down the road.

It doesn't make any sense, and until a strong Republican president is elected, this will only worsen.

Written By:
Ryan Ledendecker

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