The Immigration and Refugee Protection Act (IRPA) requires the ongoing review of all countries designated as safe third countries. The review procedure aims to ensure that the conditions that led to expulsion as a safe third country remain met. Julie Taub, a lawyer in charge of immigration and refugees, says the Canada Border Services Agency has lost its capacity since the agreement was put in place in late 2004 and would be “overwhelmed” if the agreement were repealed.  Under the agreement, applicants for refugee status must apply in the first country they arrive in, between the United States or Canada, unless they are eligible for a waiver. For example, refugee claimants who are citizens of a country other than the United States and who arrive from the United States at the Canada-U.S. land border can only assert their rights in Canada if they fill an exception under the Safe Third Country Agreement. McDonald gave the government until the end of January to prepare for the end of the deal because it realized it was in the public interest not to immediately denounce the deal. In addition to the exemption criteria provided for in the agreement, refugee claimants must continue to meet all other admission criteria of the relevant immigration legislation for the country in which they are applying for status. While refugee claimants entering Canada at official crossing points are generally returned to the United States, they are not returned when crossing at locations between designated ports of entry. In this case, their claims are heard and many immigration experts consider this to be a gap in the agreement.   In the past, two countries have negotiated “safe third country” agreements to better manage the influx of refugees and asylum at their borders.
This agreement is signed on the premise that both countries can offer asylum to people in distress. This is not the case with the Trump administration`s agreements with Guatemala, El Salvador and Honduras. In particular, the legislation requires that the review of a given country be based on the following four factors: the agreement does not apply to U.S. citizens or ordinary residents of the United States who are not nationals of a country (“stateless”). The agreements would effectively prevent migrants from sheltering in the United States.