Canada Vs Us: Who Has Stricter Immigration Laws?

Canada and the United States have both signed United Nations conventions allowing persons to enter and claim refugee status. However, their implementation methods differ. The US has taken a harder line on immigration, with the Trump administration's policies causing a surge in irregular border crossings into Canada. Canada appears to have a more liberal immigration policy, but questions are arising about the viability of its current immigration targets. The US has also recently enforced a law requiring Canadians visiting for 30 days or more to register with the authorities and be fingerprinted, marking a drastic shift in cross-border travel norms. These differences raise the question: Are Canada's immigration laws stricter than those in the US?

Canada's immigration policy is more liberal than the US

Canada's immigration policy has historically been more liberal than that of the United States. For example, Canada's Liberal Party, which has been in power for several terms, has supported state multiculturalism, allowing immigrants to integrate into Canadian society without forcing them to shed their culture. This has helped the party build a base of support among recent immigrants and their children.

In addition, Canada's immigration policy has actively sought to increase immigration to settle Western Canada, creating the provinces of Saskatchewan and Alberta. This is in stark contrast to the United States, which has implemented stricter immigration policies in recent years, such as the "remain in Mexico" policy, which prevents non-Mexican asylum seekers from entering the United States until they are granted asylum.

Canada's immigration policy has also been more welcoming to refugees. For example, after President Trump announced his intention to end Temporary Protected Status for unauthorized immigrants from several countries in 2017, there was a surge in irregular border crossings into Canada as people sought refuge. This crisis was eventually eased, and Canada's refugee policy remains more lenient than that of the United States.

Furthermore, Canada's immigration policy has focused on the role that immigration plays in growing the country's economy. While there have been criticisms that Canada has admitted more newcomers than it can support, the general trend has been towards increasing immigration. In contrast, the United States has taken steps to tighten its immigration policies, such as through COVID-19-based measures implemented by the Trump administration.

Finally, Canada's immigration policy has been more inclusive towards French Canadians, with the Liberal Party offering a credible alternative to the Conservatives' alienation of this group. This has helped to halt the decline of the French language outside of Quebec and ensure that all federal government services are available in both English and French throughout the country.

Canada's immigration targets are questioned

Canada's immigration laws and targets have been the subject of much debate in recent years, particularly in comparison to those of the United States. While Canada has a reputation for having a more liberal immigration policy than its neighbour, there are questions arising as to the viability of its current immigration targets. These targets are set at 341,000 for 2020, 351,000 for 2021, and 361,000 for 2022.

The COVID-19 pandemic has brought about changes to immigration policies in both countries, with Canada and the United States tightening their border policies. One notable change is that refugee claimants entering through unofficial ports of entry will be returned to the country they first entered, rather than being allowed to stay in the second country while their claims are processed. This has led to a surge in irregular border crossings into Canada, particularly after President Trump's 2017 announcement to end Temporary Protected Status for unauthorized immigrants from several countries.

Canada's immigration minister has faced scrutiny over these targets, especially in light of the lingering effects of the pandemic and the ongoing diplomatic concerns regarding the treatment of foreign nationals in the United States. The Trump administration's hard line on immigration has resulted in increased scrutiny at borders and new federal guidelines that impact transgender, intersex, and non-binary individuals. The detention of European and Canadian tourists by US immigration authorities has caused concern, with some describing it as "blatant abuse of the Border Patrol's power."

While Canada's immigration targets may be ambitious, the country has a history of successfully integrating immigrants into its society and economy. However, with the ever-changing landscape of global migration and the ongoing impacts of the pandemic, it remains to be seen whether these targets are realistic and achievable. Canada's ability to attract and retain immigrants will depend on various factors, including economic conditions, social policies, and the country's handling of the current diplomatic tensions with the United States.

US-Canada border crossing laws

The laws regarding border crossings between the US and Canada vary depending on the direction of travel. Here is an overview of some of the key considerations for travellers crossing the US-Canada border:

Crossing into the US

When entering the US via a Canadian border, all travellers are subject to inspection by Customs and Border Protection officers. This includes checks for compliance with immigration, customs, and agriculture regulations. It is important to note that Canadian citizens are generally exempt from providing biometrics, such as fingerprints and photographs, upon entry into the US. However, this exemption does not apply to Canadian citizens who meet certain criteria, such as those who require an I-94 Arrival/Departure Record form.

Additionally, the US has announced its intention to enforce a law requiring Canadians visiting the country for 30 days or more to register with the authorities and submit to fingerprinting. This law, which already exists but has not been consistently applied to Canadian nationals, is rooted in the US immigration law targeting foreign nationals aged 14 and above.

Crossing into Canada

Canada has introduced new entry requirements, including the Electronic Travel Authorization (eTA) for visa-exempt foreign nationals. This applies to eligible US Indigenous travellers who can apply to work or study in Canada under temporary measures. When returning to or travelling to Canada, it is recommended to put electronic devices in airplane mode to prevent the accidental download of remote files during inspections by border officials. Canada's preclearance service allows travellers to obtain clearance for entry into the US before departure from select Canadian airports.

Furthermore, it is important to be cautious when crossing the border by vehicle. Hitchhiking or giving rides to hitchhikers is not recommended, as you may be held responsible for any prohibited items or illegal activities they are involved in, even unknowingly.

The US's hard line on refugee status

The US has taken a hard line on refugee status in recent years, with record levels of migration leading to a suspension of the US Refugee Admissions Program (USRAP). This suspension is intended to ensure that refugee entry into the US aligns with the country's interests, particularly regarding public safety and national security. The US government has stated that it lacks the capacity to absorb large numbers of migrants and refugees without compromising resources, safety, and the assimilation of refugees.

The Trump administration's approach to refugee policy has been notable. On his first day in office, Donald Trump halted government refugee resettlement programs, but later made an exception for South Africa's white Afrikaner population. This decision was influenced by a South African land expropriation law, which Trump and his supporters claimed unfairly targeted white landowners. However, critics argue that the law addresses historical injustices of apartheid, during which the country's Black majority was disenfranchised.

Trump's actions have sparked controversy, with some states and cities declaring states of emergency due to increased migration. The US government has also implemented stricter requirements for Canadian visitors, including registration and fingerprinting for stays over 30 days. These changes have been viewed as a significant shift in policy, potentially impacting how Canadians are perceived when visiting the US.

While the US has taken steps to address refugee admissions and migration, the focus on national interest, safety, and security has led to a harder line on refugee status. The suspension of the USRAP and the case-by-case determination of refugee admissions highlight the current direction of US refugee policy.

Canadians' views on immigration

Canadians have long been welcoming to newcomers, but the country has recently seen a shift in sentiment, with a majority of Canadians questioning how their cities can manage the influx of immigrants. In 2022, 27% of Canadians said there were too many immigrants coming into the country, and by 2024, that number had increased to 58%. This shift in sentiment has resulted in the formation of campaign groups and protests against immigration in several Canadian cities.

The increasing anti-immigrant sentiment in the US, particularly following the Trump presidency, is believed to have influenced Canadian politics and contributed to fear-mongering among politicians. However, some, like Olivia Chow, believe that Canadians are better than succumbing to such sentiments, recognizing that successive waves of refugees have played a significant role in shaping the country.

The views on immigration in Canada are complex and multifaceted, with varying levels of negative sentiment directed towards different racial and religious minority groups. According to a poll by the National Post, Arab Canadians face the highest levels of negative sentiment, with 26% of respondents expressing unfavourable views. Black Canadians were viewed the least negatively at 11%, while 14% expressed negative opinions about Jewish and Indigenous Canadians, and 15% for Chinese Canadians. The same poll also revealed that immigrants and visible minorities themselves hold negative views of other groups, demonstrating that prejudice exists across multiple ethnic and racial groups in Canadian society.

The accommodation shortage and rising inflation in Canada have further intensified the debate around immigration, with concerns about the impact on resources and the economy. The shift in public opinion has also affected asylum seekers, making them feel more anxious and uncertain about their welcome in the country.

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