Canadian Court Invalidates U.S.-Canada Safe Third Country Agreement

by Eliza Grinberg on Aug. 17, 2020

Immigration Immigration  Deportation Immigration  Visa 

Summary: A Canadian court rules that Canada may not return asylum seekers to the United States, but delays implementation of the decision until January 22, 2021.

immigration attorney nycOn July 23, 2020, the American Immigration Council's blog, Immigration Impact, reported [link] that the Federal Court of Canada has ruled that notwithstanding the Safe Third Country agreement between the United States and Canada, the United States is no longer a country to which Canada may return asylum seekers. The agreement, which has been in place since 2002, generally requires asylum seekers who arrive in the United States or Canada to seek asylum in whichever country they arrive in. It is designed to prohibit asylum-seekers from passing through the United States to Canada or through Canada to the United States to seek asylum.

The Federal Court of Canada delayed implementation of the decision for six months — until January 22, 2021 — to give the Canadian Parliament the opportunity to consider the ramifications of the ruling and respond with legislation. At this time, it unclear when and how Canada may implement the decision or how dissolving the United States-Canada Safe Third Country agreement may affect U.S. asylum policy. We will update site with more pertinent information about the issue if and when it becomes available.

You may learn more about U.S. asylum law in our growing section on the subject [see section].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website:

Legal Articles Additional Disclaimer is not a law firm and does not offer legal advice. Content posted on is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, recommends that you contact a lawyer to review your specific issues. See's full Terms of Use for more information.