Despite the July 22, 2020 decision of the Federal Court, the rules concerning the Safe Third Country Agreement (STCA) remain in effect. The Court found that sending refugee claimants back to the USA under the STCA violates their right to liberty and security and that the implementing legislation is therefore unconstitutional. However, the Court ordered that its decision will only take effect after six months, in other words on January 22, 2021.
Despite the US-Canada border closure in light of COVID-19, claims made at a land Port of Entry are processed as they were before the border ban (except that now refugee claimants, like anyone else arriving, must comply with isolation requirements). The STCA rules are applied. People attempting to make a claim at a point other than a land Port of Entry are directed back to the US (with a notice that they can return once the border closure is over), with some limited exceptions.
