John Ashcroft
Attorney General
Department of Justice
Washington, DC 20536
Secretary of State Colin Powell
Department of State
Washington, DC 20520
Tom Ridge
Assistant to the President for Homeland Security
White House
Washington, DC 20502
Hon. Denis Coderre
Minister of Citizenship and Immigration
Ottawa, Ontario, K1A 1L1
Hon. John Manley
Deputy Prime Minister
House of Commons
Ottawa, Ontario, K1A 0A6
August 15, 2002
Dear Sirs:
We, the undersigned U.S. and Canadian nongovernmental organizations
concerned about the rights of
refugees and asylum seekers, are writing to express our
firm opposition to the draft "safe third country"
agreement. The draft agreement between the governments
of the United States and Canada for cooperation in
the examination of refugee status claims from nationals
of third countries is overly broad and its exceptions
unduly limited. It will create a whole new bureaucracy
that is unnecessary, inefficient, and unfair to refugees
and their families.
While there are real questions about the lawfulness of
such an agreement under international law, we also
question the need for such an agreement at all, since
there does not currently appear to be a problem with
persons seeking asylum in both the United States and Canada.
The stated reason for the agreement in the
December 3, 2001 Joint Statement on Border Security was
"to limit the access of asylum seekers, under
appropriate circumstances, to the system of only one of
the two countries." Yet no evidence has been
presented to suggest that the relatively few persons who
lodge claims in both countries do so with the
intention of abusing either system.
Anecdotal evidence overwhelmingly indicates that most people
who apply for asylum in the United States and
later apply in Canada did so because, while always intending
to file a claim in Canada, they were apprehended
in the United States and applied only to avoid deportation
and obtain release from detention. Once released,
they ordinarily do not show up for removal hearings, but
rather travel to Canada, showing their intention not to
seek asylum in both countries, but only in Canada. Immigration
officials on both sides of the border recognize
this reality and, in practice, work with local NGOs to
facilitate persons attempting to cross the U.S.-Canadian
border to claim asylum. The system currently works with
minimal coercion or conflict and, in fact, is helpful in
addressing any security concerns, because it ensures that
we can identify and track persons crossing the
border.
The draft agreement rests on the idea that, in general,
the asylum claim must be filed in the country of last
presence, and that officials will examine certain exceptions
to that rule, based on family ties and other factors.
We believe that this will create additional bureaucracy,
long delays, increased costs, and disputes between the
US and Canada that currently do not exist. In effect,
it will force an estimated 15,000 persons per year to file
asylum claims in the United States despite their efforts
to seek asylum in Canada, adding a large, unwilling
number of claimants into the U.S. caseload.
Within a closed system of two states, a far simpler and
fairer system would be to allow the third-country
nationals themselves to choose in which country to lodge
their asylum claims. This approach would conform
with UNHCR Executive Committee Conclusion 15, which states
that "the intentions of the asylum seeker
should as far as possible be taken into account" with
respect to the choice of country where asylum is claimed,
and that "asylum should not be refused solely on the ground
that it could be sought from another state." The
only exception contemplated is for persons with a "close
link" in another country where, if it appears fair and
reasonable, a person may be called upon to request asylum.
The "country of last presence" does not establish such
a close link. On the contrary, it could be quite
transitory and inconsequential. In contrast, existing
law in the United States only renders ineligible for asylum
persons who have been "firmly resettled" in another country.
(See Immigration and Nationality Act
§208(b)(2)(A)(6).) Canadian law deems a claim ineligible
if the claimant has been recognized as a Convention
refugee in another country and "can be sent or returned
to that country" (See Immigration and Refugee
Protection Act, §101(1)(d).) In both cases, this
suggests conformity with the international principle of a "close
link," and certainly does not suggest anything as ephemeral
as mere presence in another country as a ground
for barring examination of an asylum claim.
Refugees have many reasons for seeking asylum in one country
rather than another. Often they wish to join
existing communities of support that will help them to
heal, recover, and integrate into a new society. Family
exceptions in the draft agreement do not necessarily capture
such ties. Also, refugees may choose one country
over another because one is more receptive to asylum seekers
than the other. In several respects, U.S.
treatment of asylum seekers does not meet minimum standards.
The United States bars asylum applicants from
working for six months after applying for asylum, does
not provide legal assistance for applicants that is
usually available to them in Canada, has bars to asylum
that do not exist in Canada, such as filing deadlines,
and is more likely to detain than Canada. The United States
also more narrowly interprets refugee law on issues
such as gender-based claims, raising the prospect that
the United States might return to persecution a claimant
whom Canada would have protected.
Not only would this agreement, as drafted, lead to increased
inefficiencies, burdens, and delays. It would also
undermine orderly and secure procedures at the border.
Currently, those wishing to claim refugee status
present themselves in an orderly fashion at the border
for examination by Canadian officials. When that door is
closed, desperate refugees will try to get across irregularly,
putting themselves in the hands of traffickers and
becoming victimized yet again.
Such an agreement would also provide a harmful example
for other countries lacking the resources and legal
traditions of Canada and the United States. It sends a
message that could encourage other countries to enter
into so-called safe third-country agreements that would
more likely shirk and shift burdens than share them.
We urge that the agreement be abandoned.
Mulugeta Abai
Executive Director
Canadian Centre for Victims of Torture
194 Jarvis Street 2nd floor
Toronto, ON
Eleanor Acer
Asylum Project Director
Lawyers Committee for Human Rights
333 Seventh Avenue 13th Floor
New York, NY
Leticia Adair
Fundy Refugee Support Coalition
1 Bayard Drive
Saint John, NB
Catherine Balfour
Refugee Coordinator
Amnesty International Canadian Section
56 Temperance Street, 8th floor
Toronto, ON
Bill Bernstein
Chair
North Texas Immigration Coalition
4144 N. Central Expressway, Suite 530
Dallas, TX
Andrea Black
Executive Director
The Florence Immigrant and Refugee Rights Project
300 South Main Street, P.O. Box 654
Florence, AZ
Bernard Bohmert
Directeur
CREDIL
200 rue de Salaberry
Joliette, QC
Caroline Boudreau
Secrétaire de l'EUMC-Laval
Pavillon Maurice-Pollack, Pavillon 2220
Université Laval
Sainte-Foy, QC
Katherine Brady
Senior Staff Attorney
Immigrant Legal Resource Center
Mission St., Suite 601
San Francisco, CA
Jeanne A. Butterfield
Executive Director
American Immigration Lawyers Association
918 F Street NW
Washington, DC
Jacqueline Bradley Chacon
Justice for Our Neighbors-UMCOR
100 Maryland Avenue, Suite 410
Washington, DC
Herb Castillo
Executive Director
International Institute of the East Bay
297 Lee St
Oakland, CA
Andreé Côté
Director of Legislation and Law Reform
National Association of Women and the Law
1 rue Nicholas, Suite 604
Ottawa, ON
Michael Smith & Laila Demirdache
Staff Lawyers
Community Legal Services
1 Nicholas Street, Suite 422
Ottawa, ON
Janet Dench
Canadian Council for Refugees
6839 Drolet #302
Montréal, QC
Zahra Dhanani
Staff Lawyer
Immigration and Refugee Division/Barbra Schlifer Commemorative
Clinic
489 College Street, Suite 503
Toronto, ON
Lidia Diaz
Canadian Latin-American Association
706 Clark Dr.
Vancouver, BC
Patricia Diaz
Policy Director
SIREN-Services, Immigrant Rights and Education Network
778 North First Street, Suite 202
San Jose, CA
Dejan Dokic
Director
Lutheran Social Services of Michigan
Refugee and Immigration Service
21700 Northwestern Hwy Suite 820
Southfield, MI
Dustin W. Dyer, Esq.
McDonald Dyer, P.C.
Attorneys & Counselors at Law
1320 West Main Street
Richmond, VA
Westy Egmont
Executive Director
International Institute of Boston
One Milk Street
Boston, MA
Jeff Elzinga
Senior Program Officer
Student Refugee Sponsorship
Campus Engagement Program (CPEP)
World University Service of Canada (WUSC)
1404 Scott Street
Ottawa, ON
Jason Erb
Director, Government Relations
Council on American-Islamic Relations
453 New Jersey Avenue, SE
Washington, DC
Kathleen Erickson
Women's Intercultural Center
P.O.Box 2411
Anthony, MI
Nancy Falgout
Attorney at Law
P.O. Box 7873
Houston, TX
Mark Franken
Executive Director
Migration and Refugee Services /United States
Conference of Catholic Bishops
3211 4th Street NE
Washington, DC
Erika Fuchs
Building Bridges Human Rights Project
Vancouver, BC
Élisabeth Garant
Le Centre Justice et Foi
25 rue Jarry O
Montréal, QC
Patrick Giantonio
Executive Director
Vermont Refugee Assistance
73 Main Street, Box 19
Montpelier, VT
Denise Gilman
Director
Immigrant and Refugee Rights Project
Washington Lawyers' Committee
11 Dupont Circle, Suite 400
Washington, DC
Leonard Glickman
President& CEO
Hebrew Immigrant Aid Society
333 Seventh Avenue 17th floor
New York, NY
Avvy Yao-Yao Go
Clinic Director
Metro Toronto Chinese & Southeast Asian Legal Clinic
180 Dundas Street West, Suite 1701
Toronto, ON
Rick Goldman
Staff Lawyer
Project Genesis
Côte Ste. Catherine
Montréal, QC
Gittel Gordon
Attorney
3215 Ocean Front Walk
Marina del Rey, CA
Wilfred Grimard
Président
Comité d'Accueil International des Bois-Francs
Place Rita-Saint-Pierre 59, Rue Monfette # 246
Victoriaville, QC
Kenn J. Hale
Executive Director
South Etobicoke Community Legal Services
5353 Dundas Street East, Suite 210
Toronto, ON
Prof. James C. Hathaway
Director
Program in Refugee and Asylum Law
University of Michigan Law School*
Ann Arbor, MI
Karen Hanscom PhD
Advocates for Survivors of Torture Trauma
431E. Belvedere Avenue
Baltimore, MD
Gail Hoffman
President & CEO
The Bridging the Gap Project
77 Forsyth Street, SW, Suite 100
Atlanta, GA
J. Holloway
Immigration Outreach Service Center
St. Matthew Catholic Church
5401 Loch Raven Boulevard
Baltimore, MD
Sarah Ignatius
Executive Director
Political Asylum/Immigration Representation Project
14 Beacon Street, #804A
Boston, MA
Marion Irvine, OP
Promoter of Social Justice
Dominican Sisters of San Rafael 1520 Grand Avenue
San Rafael, CA
Majed Jafari
Director, Government Relations
Arab American Institute 1600 K Street, NW Suite 601
Washington, DC
Marian Lucas Jeffries
Primate's World Relief and Development Fund
Fredericton Diocese, NB
Dr. Pary Karadaghi
Executive Director
Kurdish Human Rights Watch, Inc.
10560 Main Street, Suite 207
Fairfax, VA
Angela M. Kelley
Deputy Director for Programs
National Immigration Forum
220 I Street NE, Suite 220
Washington, DC
Timothy J. Kelly, MSW
Advocates for Survivors of Torture and Trauma
Baltimore, MD
Alan Khalil
Board Member
International Immigration & Refugee Ministry
4435 W. Fullerton
Chicago, IL
David Koelsch
Attorney
Freedom House
2630 W. Lafayette
Detroit, MI
Dan Kosten
Director of Refugee Programs
World Relief
7 East Baltimore Street
Baltimore, MD
Daniel M. Kowalski
Tindall & Foster, P.C.
100 Congress Avenue, Suite 1500
Austin, TX
Jean-Robert Lafortune, MS
President
Haitian-American Grassroots Coalition
P.O. Box 381416
Miami, FL
Winifred Langeard
Centre d'Orientation Paralégale et Sociale pour
Immigrants
4893 St-Dominique
Montréal, QC
Christina Leddin
Amigos Center
3634 Central Ave.
Fort Myer, FL
Mary Jo Leddy
Director
Romero House
1558 Bloor Street West
Toronto, ON
Irena Lieberman
Director of Legal Services
Tahirih Justice Center
PO Box 7638
Falls Church, VA
Lavinia Limón
Executive Director
Immigration & Refugee Services of America/ U.S. Committee
for Refugees
1717 Massachusetts Avenue NW, Suite 200
Washington, DC
Vanessa Melendez Lucas
Clinical Assistant Professor of Law
Children and Family Justice Center
Northwestern University School of Law
357 E. Chicago Ave.
Chicago, IL.
Susan Lydon
Immigrant Legal Resource Center
1663 Mission Street, Suite 602
San Francisco, CA
Angie Martz, scic
KAIROS Saint John
St. Vincent's John
Saint John, NE
Elizabeth Matos
Immigration Policy Coordinator
Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition
105 Chauncy Street, 19th Floor
Boston, MA
Rodrick A. McDowell, Esq.
President, Board of Directors
Fort Erie Multicultural Centre
55 Jarvis Street
Fort Erie, ON
Kamy Moghbeli
Bethehem Lutheran Church
1375 Grand Ave.
Baldwin, NY
Sid L. Mohn
President
Heartland Alliance for Human Needs & Human Rights
208 S. LaSalle
Chicago, IL
Nicholas V. Montalto, Ph.D
Executive Director
International Institute of New Jersey
880 Bergen Avenue
Jersey City, NJ
Elsa Tesfay Musa
Refugee/Emergency Relief Coordinator
Primate's World Relief and Development Fund
Anglican Church of Canada
600 Jarvis Street
Toronto, ON
Karen Musalo
Director
Center for Gender & Refugee Studies
U.C. Hastings College of the Law 200 McAllister Street
San Francisco, CA
Adeena Niazi
Afghan Women's Organization
2333 Dundas Street West, Suite 205
Toronto, ON
Chris Owens
Executive Director
VIVE
50 Wyoming Avenue
Buffalo, NY
André Paradis
Directeur Général
Ligue des Droits et Libertés
65 rue de Castelnau Ouest
Bureau 301
Montréal, QC
Richard Parkins
Director
Episcopal Migration Ministries
815 Second Avenue
New York, NY
Robin Phillips
Executive Director
Minnesota Advocates for Human Rights
310 4th Avenue South, Suite 1000
Minneapolis, MN
Stephen Reichhold
Table de Concertation des Organismes au Service des
Personnes Réfugiées et Immigrantes
518 Beaubien Est
Montréal, QC
Joe Roberson
Director
Church World Service/IRP
475 Riverside Drive
New York, NY
Dawn Robichaud
Council of Canadians
Saint John Chapter
1 Bayard Drive
Saint John, NB
Maria Rodriguez
Executive Director
Youth Co-Op, Inc.
3525 NW 7th Street
Miami, FL
Walter R. Rodriguez
Immigration Counselor
FIRN (Foreign-born Information and Referral Network)
5999 Harpers Farm Road, Suite E-200
Columbia, MD
Leonard S. Rubenstein
Executive Director
Physicians for Human Rights
1156 15th Street NW, Suite 1001
Washington, DC
Fr. Rick Ryscavage SJ
National Director
Jesuit Refugee Service
1616 P Street NW, Suite 400
Washington, DC
Charu Newhouse al-Sahli
Detention Advocacy Coordinator
Florida Immigrant Advocacy Center
3000 Biscayne Boulevard, Suite 400
Miami, FL
Sandra Sanchez
Iowa Immigrant Rights Project
4211 Grand Avenue
Des Moines, IA
Deborah Ann Sanders
Executive Director
Capital Area Immigrants' Rights Coalition
415 Michigan Avenue, N.E.
Washington, DC
Andrew Schoenholtz
Director of Law and Policy Studies
Institute for the Study of International Migration
Georgetown University*
Washington, DC
William F. Schulz
Executive Director
Amnesty International USA
322 8th Avenue
New York, NY
Jonathan Scop
Attorney/Program Manager
Catholic Charities Immigration Services
231 SE 12th Avenue
Portland, OR
Kareem W. Shora, JD, LL.M.
Legal Advisor
American-Arab Anti-Discrimination Committee (ADC)
4201 Connecticut Avenue NW Suite 300
Washington, DC
James J. Silk
Executive Director
Orville H. Schell, Jr. Center for International Human
Rights
Yale Law School*
New Haven, CT
Morton Sklar
Executive Director
World Organization Against Torture USA
1725 K Street NW, Suite 610
Washington, DC
Helene T. Smith
Executive Director
The International Center of the Capital Region, Inc.
Albany, NY
Philip Smith
Hecht & Smith, LLP
208 SW 1st Avenue, Suite 360
Portland, OR
Lisa Reiner-Sotelo, Esq.
161-10 Jamaica Ave., Suite 610
Jamaica, NY
Major June Speakman
Assistant Director
The Salvation Army Immigrant & Refugee Services Center
148 Jarvis Street, 2nd Floor
Toronto, ON
Paul Stein
Executive Director
Rocky Mountain Survivors Center
1547 Gaylord Street
Denver, CO
Beth Stickney, Esq.
Immigrant Legal Advocacy Project
One India Street
Portland, ME
Anna Stuart
Asian Pacific American Labor Alliance, AFL-CIO
815 16th Street, NW
Washington, DC
Tsehaye Teferra, Ph.D
President
Ethiopian Community Development Council
1038 S. Highland Street
Arlington, VA
Tin Myaing Thein, Ph.D.
Executive Director
Pacific Gateway Center
720 North King Street
Honolulu, HI
Michael J. Tilleard
Barrister & Solicitor
700-Transalta Place
10150-100 Street
Edmonton, AB
Fred Tsao
Immigration and Citizenship Coordinator
Illinois Coalition for Immigrant and Refugee Rights
36 S. Wabash, Suite 1425
Chicago, IL
John Urquhart
Executive Director
The Council for Canadians
502-151 rue Slater Street
Ottawa, ON
Karine Verreault
Directrice
Centre Multiethnique de Québec
369 de la Courronne 3e etage
Quebec, QC
Metty Vithayathil
Executive Director
Pennsylvania Immigration Resource Center
York, PA
Peter A. Vogelaar
Executive Director
Mohawk Valley Resource Center for Refugees
309 Genesee Street
Utica, NY
Grey Wangerin
Executive Director
Inter Church Refugee and Immigration Ministries
9753 N. Broadway, Suite 401
Chicago, IL
Susan Weishar, Ph.D.
Director
Immigration and Refugee Services
Catholic Charities Archdiocese of New Orleans
New Orleans, LA
Glynis Williams
Action Réfugiés Montréal
1410 rue Guy, Suite 25
Montréal, QC
Annie Wilson
Acting President
Lutheran Immigration and Refugee Service
700 Light Street
Baltimore, MD
Wendy Young
Women's Commission for Refugee Women and Children
3405 Arnold Lane
Falls Church, VA
* Institutions listed with an asterisk are for informational
purposes only, and the endorsers are the individuals.
In all other cases, the signers represent institutional
endorsements.
