Canada's Strong Borders Act: Impact on International Students and Asylum Seekers

Introduction

Overview of the Strong Borders Act

On June 4, 2025, the Canadian government introduced the Strong Borders Act, a legislative measure aimed at tightening the country's immigration and asylum policies. This move comes in response to a significant increase in asylum claims, particularly from international students, and concerns over border security and the trafficking of illegal substances like fentanyl.

Context: Surge in Asylum Claims by International Students

Recent data indicates a notable rise in asylum claims filed by international students. In 2024 alone, over 20,245 such claims were recorded, with a significant number originating from India and Nigeria. This trend has raised questions about the integrity of Canada's immigration system and the potential misuse of student visas as a pathway to asylum.

Key Provisions of the Strong Borders Act

Restrictions on Asylum Claims Based on Entry Timing

The Act stipulates that asylum claims submitted more than a year after the claimant's arrival in Canada (post-June 24, 2020) will not be forwarded to the Immigration and Refugee Board (IRB). This provision applies to all individuals, including students and temporary residents, regardless of any subsequent departures and re-entries into Canada.

Limitations on Claims from U.S. Border Crossings

Individuals entering Canada from the United States between official ports of entry and filing asylum claims after 14 days will not have their claims referred to the IRB. This measure aims to discourage irregular border crossings and prompt timely asylum applications.

Requirement for Claimants to be Physically Present in Canada

The Act mandates that asylum claims will only be adjudicated by the IRB if the claimant is physically present in Canada. This provision seeks to prevent individuals from exploiting the system by submitting claims from abroad or while not residing in the country.

Implications for International Students

Statistics on Asylum Claims by Students

The surge in asylum claims among international students is significant. In the first nine months of 2024, 13,660 claims were filed by students, with the highest numbers from India (2,290) and Nigeria (1,990). These figures underscore the need for policy measures to address potential abuses of the student visa system.

Specific Impact on Indian and Nigerian Students

Indian and Nigerian students are among the most affected by the new legislation. The restrictions may deter individuals from these countries from using student visas as a means to seek asylum, thereby preserving the intended purpose of educational programs and maintaining the integrity of Canada's immigration system.

Broader Immigration Policy Changes

Information Sharing Among Government Agencies

The Strong Borders Act grants Immigration, Refugees and Citizenship Canada (IRCC) the authority to share client information—including identity, status, and immigration documentation—with federal, provincial, and territorial partners through formal agreements. This measure aims to enhance coordination and enforcement across various levels of government.

Authority to Modify Immigration Documents

Under the new legislation, IRCC has the power to take immediate action on immigration documents. This includes the ability to cancel, suspend, or vary documents as deemed necessary, thereby allowing for more responsive and flexible immigration management.

Reactions and Criticisms

Concerns from Immigration Advocates

Some immigration advocates have expressed concerns that the Strong Borders Act may disproportionately affect vulnerable populations, including genuine asylum seekers and international students facing unforeseen hardships. They argue that the legislation could lead to unjust denials of protection and undermine Canada's commitment to humanitarian principles.

Potential Legal Challenges

Legal experts anticipate potential challenges to the Act, particularly regarding its compliance with international human rights obligations and the Canadian Charter of Rights and Freedoms. The provisions limiting access to the IRB and imposing strict timelines may be subject to judicial scrutiny.

Conclusion

Summary of the Act's Impact

The Strong Borders Act represents a significant shift in Canada's approach to immigration and asylum, introducing stricter controls to address rising claims and enhance border security. While the legislation aims to preserve the integrity of the immigration system, it also raises important questions about access to protection and the treatment of international students.

Future Outlook for International Students in Canada

International students considering Canada as a destination must now navigate a more stringent regulatory environment. Prospective students should be well-informed about the new policies and ensure compliance with all immigration requirements to avoid unintended consequences.

FAQs

1. What is the main objective of Canada's Strong Borders Act?

The Act aims to tighten immigration and asylum policies to address the surge in asylum claims, particularly from international students, and to enhance border security.

2. How does the Act affect international students seeking asylum?

International students who file asylum claims more than a year after arriving in Canada may have their claims dismissed, and those entering from the U.S. between ports of entry face additional restrictions.

3. What are the new powers granted to IRCC under the Act?

IRCC can now share client information with various government partners and has the authority to modify immigration documents as necessary.

4. Why are Indian and Nigerian students specifically mentioned in the context of the Act?

Students from India and Nigeria have been among the highest contributors to the recent surge in asylum claims, prompting targeted measures within the legislation.

5. Could the Strong Borders Act face legal challenges?

Yes, there is potential for legal challenges concerning the Act's alignment with international human rights standards and constitutional rights within Canada.