Canada Cannot Remove All Undocumented Foreign Nationals: Details Here

The situation of foreign nationals living in Canada without legal status has become a complicated mix of legal, economic, and humanitarian challenges.

With thousands stuck in uncertainty, a key question arises: Can Canada enforce the removal of everyone who has overstayed their legal stay?

In our view, regardless of which political party is in power, whether Liberal or Conservative, removing all individuals without legal status is simply unachievable.

Neither party has a solid plan for this issue, nor is it likely they can create one. The reality is that the sheer number of undocumented individuals, some even protesting openly, makes enforcement nearly impossible. Authorities are struggling to carry out arrests under these circumstances.

This article takes a closer look at this complex issue, offering background information, data, and an analysis of the broader consequences of these enforcement efforts.

Understanding “Out of Status” in Canada

An individual is labeled “out of status” when they lose their legal right to stay in Canada. This can occur for several reasons, such as overstaying a visa, working without authorization, or not adhering to the conditions of their stay.

Common Scenarios:

• Legal Entry, Overstayed: Many individuals enter Canada on temporary visas but remain after their visa expires.
• Violations of Stay Conditions: This includes activities like working without proper authorization or failing to leave when legally required.

The Legal Framework

Canada’s immigration laws provide clear rules and processes for handling out-of-status individuals.

1. Immigration and Refugee Protection Act (IRPA): This law governs removal processes, which include three types of removal orders:

• Departure Order: Requires individuals to leave Canada voluntarily.
• Exclusion Order: Bans re-entry for a certain period.
• Deportation Order: Permanently bans re-entry unless special permission is granted.

2. Humanitarian and Compassionate (H&C) Grounds: Some out-of-status individuals may qualify to apply for permanent residency based on factors like family connections, settlement in Canada, or the potential hardships they would face if removed.

Official Statistics

The backlog of removal cases highlights the challenges Canada faces in enforcing these orders:

1. Total Backlog: The Canada Border Services Agency (CBSA) reports around 215,000 foreign nationals under removal orders. This includes:

• Monitoring Inventory: There are 120,000 cases pending decisions or additional action.
• Wanted Inventory: 40,000 individuals who have failed to comply with removal orders.
• Stay Inventory: 55,000 cases were delayed due to ongoing legal or humanitarian reviews.

2. Annual Removals: In 2023, only 5,300 individuals were removed from Canada, a small fraction of the total backlog.

Humanitarian Obligations

Canada’s immigration policies are shaped by its humanitarian commitments:

• Refugee Claims: By September 2024, there were 132,525 asylum claims in Canada. Many claimants are technically out of status but remain in the country while their cases are reviewed—a process that can take years.
• Child Protection: Protecting children is a priority. In 2023, 167 permits were issued to out-of-status individuals under humanitarian programs to keep families together and avoid separating children from their caregivers.
• Family Unity: Policies often favor maintaining family bonds, which can lead to discretionary decisions allowing individuals to stay in Canada.

Case Studies and Public Sentiment

• Undocumented Workers Protests: In 2024, over 2,500 undocumented workers in Toronto demonstrated, highlighting their vital contributions to industries like construction and agriculture while calling for legalization.
• Public Opinion: A 2023 poll by the Angus Reid Institute revealed that 56% of Canadians support amnesty programs for undocumented workers, signaling growing public support for regularization efforts.

The Cost of Removal

The financial burden of removing individuals who are out of status in Canada is a significant factor that influences policy and enforcement decisions.

Direct Costs

The Canada Border Services Agency (CBSA) estimates that each removal costs between $5,000 and $15,000. Complex cases involving detention, security escorts, and international travel can push costs to the higher end of this range.

Indirect Costs

Additional expenses, such as legal battles, detention costs, and administrative efforts, can double the overall cost of a single removal.

Economic Contributions

A 2022 study by the Canadian Centre for Policy Alternatives revealed that undocumented workers contribute over $7.5 billion annually to the Canadian economy through taxes and labor, making their presence an economic asset despite their lack of status.

Economic Contributions vs. Public Safety

Workforce Dependency

Industries like agriculture rely heavily on undocumented workers, with an estimated 20% of agricultural laborers lacking legal status. These workers fill critical labor shortages, ensuring the smooth operation of key sectors.

Public Safety Concerns

While undocumented workers contribute significantly to the economy, maintaining immigration laws and ensuring public safety remain top priorities for the government. Striking a balance between these competing interests remains an ongoing challenge.

Policy Debates

With the 2025 federal election approaching, debates around regularization programs for undocumented individuals have gained momentum. Some experts suggest creating a program similar to the 1973 initiative that granted legal status to approximately 39,000 undocumented residents.

Government Perspective

Immigration Minister Marc Miller has highlighted the need to balance enforcement with compassion. He recently stated:

“It is essential to ensure that our immigration system upholds both our laws and our values of compassion and inclusivity.”

Challenges in Enforcement

Resource Limitations

The CBSA removed only 4,900 individuals in 2022, highlighting the agency’s limited capacity to handle the growing backlog of removal orders.

Legal Hurdles

The appeal process for removal orders can take years. In 2023 alone, 3,200 appeals were filed, delaying enforcement actions further.

International Relations

Returning individuals to countries with political instability or human rights concerns, such as Venezuela or Afghanistan, poses significant diplomatic and humanitarian challenges, making some cases even more difficult to resolve.

Public Protests and Advocacy

Protests

Since 2020, Canada has witnessed 15 major protests demanding pathways to citizenship or legal status for undocumented individuals. The largest demonstration, held in Montreal, drew over 10,000 participants, emphasizing the urgency of addressing this issue.

Advocacy Groups

Organizations like the Canadian Council for Refugees play a crucial role in shaping the conversation. They advocate for policies that acknowledge the rights and contributions of undocumented workers, urging the government to consider inclusive reforms.

Alternatives to Removal

Temporary Resident Permits (TRPs)

In 2023, Canada issued approximately 2,400 TRPs, often granted on humanitarian grounds or to ensure families remain together.

Regularization Programs

Canada has historical precedents for regularization. In 1973, the government legalized the status of 39,000 undocumented workers, setting an example for potential future initiatives.

Regionalized Permanent Residency Programs

Introducing regional permanent residency options with 5- to 10-year commitments could benefit both out-of-status individuals and Canada. These programs could help populate rural areas, a pressing issue for the nation, while providing stability for those without status.

A Broader Perspective

The challenge of removing out-of-status foreign nationals goes beyond law enforcement. It reflects Canada’s societal values, economic priorities, and obligations on the international stage.

Humanitarian Concerns

Humanitarian values often shape Canada’s approach, making strict enforcement difficult.

Legal and Resource Limitations

Legal battles, appeals, and limited enforcement capacity further complicate the process.

Shifting Public Opinion

With public sentiment increasingly favoring regularization, Canada may lean towards more compassionate and inclusive policies shortly.

The Road Ahead

The issue of out-of-status individuals remains a complex and evolving challenge. Every decision impacts lives, the economy, and Canada’s identity as a champion of human rights.

While the government continues to navigate this delicate terrain, the dialogue is far from over. With growing public and advocacy support, significant policy changes could be on the horizon, shaping Canada’s future approach to this pressing issue.