Recent discussions surrounding Canada’s immigration policies have highlighted a significant challenge: the enforcement of removing illegal foreign nationals, approximately 215,000 individuals currently under such orders. The complexities of this situation stem from various factors, including public protests, a lack of cohesive political strategy, and growing support for amnesty among the populace.
Current Immigration Backlog
As of late 2024, Canada’s immigration backlog has reached 1,097,000 applications, with a considerable portion involving removal orders. The backlog includes applications for citizenship, permanent residency, and temporary residency.
Breakdown of Backlog Categories
| Category | Backlog (as of September 2024) | Percentage of Total Applications |
|---|---|---|
| Citizenship | 16% | 16% |
| Express Entry | 20% | 20% |
| Provincial Nominee Program | 20% | 20% |
| Spousal Sponsorship | 15% | 15% |
| Temporary Resident Visas | 59% | 72% |
| Study Permits | 37% | – |
| Work Permits | 44% | – |
Data sourced from IRCC updates and reports.
What Does “Out of Status” Mean in Canada?
Being “out of status” in Canada means a person no longer has legal permission to stay in the country. This can happen for a few reasons:
1️⃣ Overstaying a Visa: Someone enters Canada on a temporary visa but stays past its expiry date.
2️⃣ Breaking Stay Conditions: This could include working without the right permits or not leaving Canada when required.
Note: Understanding these scenarios to avoid complications while living or visiting Canada is important.
Legal Framework
The Immigration and Refugee Protection Act (IRPA) outlines the removal process with three types of removal orders—departure, exclusion, and deportation—each having different implications for future entry. Additionally, humanitarian grounds provide pathways for those out of status to apply for permanent residency based on family ties and potential hardship upon removal.
Challenges in Enforcement
Enforcing removal orders has proven to be nearly impossible for several reasons:
- Public Protests: Many individuals facing removal have organized protests that highlight their situations and generate public sympathy. In 2024, a significant protest in Toronto saw 2,500 undocumented workers rallying for legalization.
- Political Landscape: Both major political parties—the Liberals and Conservatives—have struggled to develop a clear strategy for addressing the issue of illegal foreign nationals. None have presented a viable plan, making consistent enforcement challenging.
- Support for Amnesty: A recent Angus Reid Institute poll revealed that 56% of Canadians support some form of amnesty for undocumented workers. This growing sentiment complicates the government’s commitment to strict enforcement.
Official Statistics on Removing Illegal Foreign Nationals
Canada is facing significant challenges with its removal process for foreign nationals under removal orders. Here’s a breakdown of the numbers reported by the CBSA:
- Total Backlog: Approximately 215,000 foreign nationals are under removal orders but have not yet left the country.
- Monitoring Inventory: 120,000 individuals are awaiting decisions or further action.
- Wanted Inventory: Around 40,000 individuals have failed to comply with removal proceedings.
- Stay Inventory: Approximately 55,000 have stays on their removal due to ongoing legal or humanitarian considerations.
Annual Removals
In 2023, Canada managed to remove just 5,300 foreign nationals. This is a small fraction compared to the total number of removing illegal foreign nationals, highlighting the challenges in enforcing these decisions.
Here are some key points and a table summarizing the recent increase in asylum claims in Canada, particularly focusing on international students:
Rising Asylum Claims
Key Points
- Overall Asylum Claims: As of September 2024, Canada received 132,525 asylum claims, reflecting a significant increase in individuals seeking refuge.
- International Students: A notable portion of these claims comes from international students who face challenges such as visa overstays or changes in their study permits, prompting them to seek asylum.
- Humanitarian Considerations: The increase in asylum claims is influenced by various global crises, prompting many to seek safety and stability in Canada
Summary Table of Asylum Claims
| Category | Asylum Claims (September 2024) | Notes |
|---|---|---|
| Total Asylum Claims | 132,525 | Significant increase from previous years. |
| Claims by International Students | Data not specified | Many students transition to asylum due to challenges. |
| Average Processing Time | Varies (up to several years) | Lengthy adjudication process creates uncertainty. |
| Humanitarian Grounds | Increasingly cited | Many claims based on humanitarian needs. |
| Public Support for Amnesty | 56% of Canadians favor amnesty | Reflects a shift in public sentiment towards regularization. |
Impacts on Society and Economy
The immigration backlog has far-reaching consequences for Canadian society and its economy:
- Labor Market Strain: Sectors such as healthcare and technology are experiencing labor shortages due to delayed work permits that prevent skilled workers from entering the workforce. Approximately 20% of workers in agriculture are estimated to be undocumented.
- Family Separation Stress: Extended wait times create emotional strain for families separated by immigration processes.
- Financial Implications: The cost of removing out-of-status nationals can range from $5,000 to $15,000 per individual, significantly impacting government resources. A study estimated that undocumented workers contribute over $7.5 billion annually to the Canadian economy through taxes and labor.
Yearly Backlog Trends
| Date | Total Applications in Backlog | Total Under Processing |
|---|---|---|
| September 30, 2024 | 1,097,000 | 2,450,600 |
| August 31, 2024 | 1,078,300 | 2,420,800 |
| July 31, 2024 | 1,002,400 | 2,364,700 |
Data reflects monthly increases in backlog due to processing challenges.
Conclusion
Canada’s immigration system is at a crossroads. The debate over whether to enforce removal orders for the Illegal Foreign Nationals or provide amnesty continues to evolve as public sentiment shifts. Immigration Minister Marc Miller has emphasized the need for a balanced approach that reflects both legal obligations and humanitarian values:
“We must ensure our immigration system reflects both our laws and our values of compassion and inclusion.”
