Who are immigration detainees? - Canadian Red Cross (2024)

Who are immigration detainees? - Canadian Red Cross (1)People detained under the Immigration and Refugee Protection Act are not facing criminal charges. They may be refugee claimants, survivors of armed conflict or torture; victims of smuggling and human trafficking; or even children. In many cases, detainees do not speak French or English.

The Canada Border Services Agency (CBSA) has the authority to detain foreign nationals and permanent residents if they have reasonable grounds to believe the person is:

  • unlikely to appear (flight risk) for immigration processes;
  • unable to satisfy the officer of their identity (foreign nationals only);
  • inadmissible; and/or
  • a danger to the public.

Detention can also occur when:

  • A CBSA officer at a port of entry has reasonable grounds to suspect that the person is inadmissible for security reasons, suspected violation of human rights, or criminality reasons.
  • It is necessary in order to complete the immigration examination.
  • The Minister of Public Safety designates a group or class of foreign national as irregular arrivals.
Who are immigration detainees? - Canadian Red Cross (2024)

FAQs

Who is involved in immigration detention in Canada? ›

Facilities used for immigration detention

The CBSA is responsible for managing the immigration detention process.

Who detains immigrants at the border? ›

Within CBP, the Border Patrol detains noncitizens who entered without inspection by an immigration officer and transfers them to stations and processing centers. The Office of Field Operations (OFO) determines whether noncitizens encountered at ports of entry have proper immigration status to enter the United States.

What happens when someone is detained by immigration? ›

What happens when someone is detained by immigration. The foreign national may be held in a detention center before trial or deportation. Find out how to locate someone detained by ICE. After a noncitizen is detained, they may go before a judge in immigration court during the deportation (removal) process.

How many immigration detention centers are there in Canada? ›

It also operates three immigration holding centers, which resemble and operate like medium security prisons, with significant restrictions on privacy and liberty, rigid rules and daily routines, and punitive measures in response to failures to follow rules and orders.

Why are immigrants detained in Canada? ›

The Canada Border Services Agency (CBSA) has the authority to detain foreign nationals and permanent residents if they have reasonable grounds to believe the person is: unlikely to appear (flight risk) for immigration processes; unable to satisfy the officer of their identity (foreign nationals only);

What is the issue with immigration detention in Canada? ›

Every year, Canadian authorities detain thousands of people in immigration detention, including refugee claimants, children, and people with disabilities. To make matters worse, the law puts no limit on the length of detention, and the uncertainty causes trauma, distress, and a sense of powerlessness.

How do I find out if someone is detained by immigration? ›

If you believe someone is detained by ICE you can search for them in the ICE locator to determine if and where they are being detained. You will need the individual's A Number or their date of birth and place of birth.

Why would an immigrant be detained? ›

Governments do have a right to detain non-citizens for migration related reasons in certain limited circ*mstances (for initial identification and for legitimate removal purposes), but only if the detention complies with international and regional human rights standards relating to restriction of movement.

What are the demographics of immigration detention? ›

A majority of detainees were men, from mexico or Central America, and many detainees were juveniles. About 79 percent of the detainees were men. The population as a whole was • relatively young, with the average age of 28 (mean and median). Over 59,000 detainees—about 17 percent—were under the age of 18.

What is an immigration detainee? ›

An immigration detainer is a tool used by U.S. Immigration and Customs Enforcement (ICE) and other Department of Homeland Security (DHS) officials when the agency identifies potentially deportable individuals who are held in jails or prisons nationwide.

How long are immigrants detained at the border? ›

Immigrants who are deemed to not be a security risk to the United States may be released on bond until their court date. Others may be detained for weeks if not months.

How long can someone be detained immigration? ›

The ICE officer will first place a “detainer” on you. Once you have completed your time in prison or jail, you will be transferred to ICE custody. Federal law says that state and local law enforcement authorities may only hold persons on immigration detainers for 48 hours after the completion of their jail time.

Where do most immigrants stay in Canada? ›

Ontario is by far the most popular province for new immigrants coming to Canada.

What is the largest immigration to Canada? ›

According to the most recent census, India was the most common country of birth for foreign born people in Canada, followed by the Philippines. Looking ahead, India looks likely to consolidate its position with around one third of new Canadian immigrants in 2021 coming from the country.

Where are most immigrants in Canada? ›

Ontario was the province with the most immigrants in 2023, with 199,297 immigrants arriving between July 1, 2022 and June 30, 2023. Nunavut, Canada's northernmost territory, had 45 immigrants arrive in the same period.

Who is responsible for immigration control? ›

The federal government is responsible for conducting a number of activities to protect U.S. borders and enforce immigration laws, mainly through the Department of Homeland Security (DHS) and the Department of Justice (DOJ).

Who handles immigration issues? ›

The U.S. Citizenship and Immigration Services (USCIS) is responsible for processing immigration and naturalization applications and establishing policies regarding immigration services.

Who has responsibility for immigration? ›

Even so, the Supreme Court's jurisprudence reflects that Congress retains broad power to regulate immigration and that the Court will accord substantial deference to the government's immigration policies, particularly those that implicate matters of national security.

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