Undocumented Migrants and Vaccines
Date: April 27, 2021
Classification: unclassified
Fully releasable (ATIP)? Yes
Branch/Agency: IEB/CBSA
Issue:
Recent media coverage in which migrant advocates have stated that fear of immigration enforcement is keeping undocumented migrants away from vaccine clinics.
Proposed Response:
- The Canada Border Services Agency (CBSA) does not use medical information to track or find individuals who may be subject to removal orders. Vaccination and health information falls under provincial and territorial jurisdiction.
- Provincial Health is under no obligation or requirement to notify the CBSA about individuals who access their services.
- Furthermore, several of Canada’s largest cities (e.g. Toronto, Vancouver, Montreal) have specific sanctuary policies in place preventing civil services from disclosing information to CBSA.
- As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the CBSA has a statutory obligation to pursue enforcement action against foreign nationals who are inadmissible.
- The CBSA will initiate an investigation when it becomes aware of a possible IRPA violation and will take appropriate enforcement action.
- The CBSA places its highest priority on removal cases involving national security, organized crime, crimes against humanity and criminals as well as failed refugee claimants who entered Canada between designated ports-of-entry.
- Persons who are inadmissible for having overstayed their authorized period of entry are a low priority from an immigration enforcement standpoint.
- There is no connection between their ability to receive a vaccine and immigration enforcement.
- Employers hiring undocumented workers are an investigation priority for CBSA from a criminal standpoint so it is possible that undocumented migrants may be identified should their employer be charged criminally.
Background:
As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) has an obligation to pursue enforcement action, including removal of inadmissible foreign nationals.
The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; based on a family member’s inadmissibility, and non-compliance with the IRPA (e.g., overstaying the time you are permitted to remain in Canada).
The CBSA places its highest priority on cases involving national security, organized crime, crimes against humanity and criminals as well as failed refugee claimants who arrived as by entering Canada between designated ports-of-entry.
Every foreign national subject to immigration enforcement is entitled to due process before the law and all removal orders are subject to various levels of review. Foreign nationals have the right to file an application for leave and judicial review before the Federal Court, throughout the process, accompanied by a stay motion in the case of those facing imminent removal.
Only once all legal avenues of appeal have been exhausted will the CBSA action the removal.
The CBSA has a legal obligation to remove individuals who have no legal right to stay in Canada as soon as possible. The CBSA is firmly committed to doing so.
Contacts:
Prepared by: Zrinka Barisic, Manager Immigration Investigations,
Approved by: Scott Harris, Vice President, Intelligence and Enforcement Branch, 613-948-4111
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