Kara Sears
Canada and the United States have both tightened their immigration policies in recent years, with the US taking an increasingly hard line under the Trump administration. While the two countries have similar criteria for asylum and refugee status, the US gives immigration officials discretion over detaining asylum seekers, whereas Canada only detains them as a last resort. Canada's immigration system is well-organized, and the country depends on immigration for economic prosperity, with a target of 361,000 immigrants for 2022. In contrast, the US has seen a surge in irregular border crossings and has implemented stricter measures, such as the \remain in Mexico\ policy.
| Characteristics | Values |
|---|---|
| Detention of asylum seekers | The US detains asylum seekers, while Canada considers it a "last resort" and has tighter criteria for its use. |
| Number of detainees | In 2017, Canada had 6251 immigration detainees, while the US held 323,591. |
| Asylum and refugee status | Both countries have similar criteria for asylum and refugee status, but the Trump administration took a harder line on implementation. |
| Temporary Protected Status | The US ended Temporary Protected Status for unauthorized immigrants from several countries in 2017, leading to a surge in irregular border crossings into Canada. |
| COVID-19 policies | During the pandemic, both countries tightened their policies, refusing entry to refugee claimants arriving at unofficial ports. |
| Immigration targets | Canada has set immigration targets, aiming for 341,000 in 2020, 351,000 in 2021, and 361,000 in 2022. |
| Healthcare | Canada offers universal healthcare, including for foreign nationals and undocumented immigrants, while the US does not. |
| Education | Canada provides free language classes to new immigrants and has highly-ranked primary, secondary, and post-secondary schools. |
| Visitor registration | The Trump administration announced an executive order requiring all previously unregistered foreign nationals, including undocumented immigrants, to register and submit to fingerprinting. |
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What You'll Learn
Detention of unaccompanied minors
Canada and the United States are both signatories to relevant UN conventions, allowing persons to enter and claim refugee status. While the two countries have similar criteria for asylum and refugee statuses, their implementation has differed.
Canada's immigration detention program is based on the principle that detention is a last resort. The National Directive for the Detention or Housing of Minors outlines that alternatives to detention, such as community-based settings, should be considered first. Upon deciding to arrest and detain a minor, a CBSA officer must advise their supervisor, and another officer must review the decision. If the detention is upheld, the Immigration Division of the IRB reviews the reasons for continuing within 48 hours.
In the US, unaccompanied children do not have the right to appointed counsel in immigration court. The National Immigrant Justice Center (NIJC) provides legal services to unaccompanied children in government custody in the Chicago area, but they lack the funding to represent every child. In 2023, 56% of unaccompanied minors in immigration courts had legal representation. In 2025, the White House halted funding for legal aid for unaccompanied migrant children, affecting 26,000 children. This has resulted in children facing experienced ICE attorneys alone.
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Refugee status and asylum claims
While both the United States and Canada are signatories of the relevant United Nations conventions, allowing persons to enter the country from abroad claiming refugee status, there are some differences in how these laws are implemented.
In Canada, refugee claimants are different from resettled refugees. Asylum seekers make a refugee claim at a port of entry or online. Resettled refugees, on the other hand, are screened abroad and undergo security and health screenings prior to being issued a visa to come to Canada. When they arrive in Canada, they are permanent residents. All refugee claimants undergo health and security screening, including biographic and biometric checks, as well as security and criminality checks.
Canada's Immigration and Refugee Protection Act requires that every person seeking to enter must appear for an examination at a port of entry to determine whether that person has a right to enter Canada or may be authorized to enter and remain in the country. The Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP) play a key role in protecting Canada's borders and intercepting irregular entry.
If a refugee claimant decides to move provinces while waiting to have their claim heard, they must inform the relevant authorities and provide their new address. They are also eligible for some settlement services funded by the provinces, except for health services, which are funded by the Government of Canada. Upon receiving a positive decision on their refugee claim, claimants receive protected person status and can apply to become permanent residents.
In the United States, there has been a surge in irregular border crossings into Canada after President Trump announced his intention to end Temporary Protected Status for unauthorized immigrants from several countries in 2017. The US has also implemented a "remain in Mexico" policy, under which non-Mexican asylum seekers are not allowed into the US until they are granted asylum. The US has over one million asylum seekers awaiting adjudication of their claims. While US law gives immigration officials the discretion to detain asylum seekers, Canada considers the detention of minor children a "last resort" and largely reserves it for those who enter as "irregular arrivals" or pose potential security risks.
During the COVID-19 pandemic, both countries tightened their policies, with refugee claimants entering at unofficial ports of entry being returned to the first country they stepped into.
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Universal healthcare for immigrants
Canada and the USA have both tightened their immigration policies in recent years, particularly in light of the COVID-19 pandemic. However, the USA has seen a more hard-line approach under the Trump administration, which has resulted in a surge of irregular border crossings into Canada.
Canada has a universal healthcare system funded by taxes, which means that any Canadian citizen or permanent resident can apply for public health insurance. Each province and territory has its own health plan, with different services and products covered. Once a resident is added to the health system in their province or territory, they will receive a health card to be shown at hospitals or medical clinics to access non-emergency services. In the case of an emergency, anyone can go to the nearest hospital and receive treatment, even without a health card. However, there may be some restrictions depending on one's immigration status. For example, a walk-in clinic may charge fees if the patient does not live in the same province or territory.
Public health insurance in Canada does not usually cover prescription medication, dental care, eye care, glasses, or ambulance services. Many Canadians have additional insurance coverage to help pay for prescription costs. For those with a significant medical condition, such as a history of tuberculosis, a "Medical Surveillance Notice" form will be sent out. This form informs the recipient that their local health authority will be in contact to ensure they are registered and monitored by the correct healthcare professionals.
In the USA, immigrants face more barriers to accessing healthcare. Noncitizen immigrants are more likely to be uninsured than citizens due to working in jobs that do not provide health benefits and facing eligibility restrictions for federally-funded coverage options. Undocumented immigrants, in particular, remain ineligible for many coverage options. Lawfully-present immigrants can get Marketplace coverage and may qualify for lower costs on monthly premiums and extra savings on out-of-pocket costs based on their income. They may also be eligible for coverage through Medicaid and the Children's Health Insurance Program (CHIP) if they meet state income and residency rules. However, there is often a 5-year waiting period for this coverage, with some exceptions for refugees, asylees, and victims of trafficking.
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Language requirements for citizenship
To become a naturalized US citizen, applicants must meet various eligibility requirements, submit an application, and demonstrate a basic understanding of the English language and US civics. This includes the ability to speak, read, and write simple common words and phrases.
US Citizenship and Immigration Services (USCIS) administers a naturalization test to determine whether an applicant meets the English and civics requirements. The civics test assesses the applicant's knowledge of US history and the principles and form of government.
There are some exemptions to the English test requirement. Applicants with certain physical, developmental, or mental impairments that make it impossible to learn or demonstrate knowledge of English may be exempt. Additionally, applicants aged 50 or older who have lived in the US as permanent residents for at least 20 years, or 55 or older with at least 15 years of permanent residence, can take the civics and history test in the language of their choice.
In Canada, applicants aged 18 to 54 must submit proof of their ability to speak and listen at the Canadian Language Benchmarks (CLB) Level 4 or higher in English or French as part of their citizenship application. This proof can be in the form of various accepted documents, which must be submitted in English or French, with certified translations provided for any documents in other languages.
Thus, both the US and Canada have language requirements as part of their citizenship application processes, with some variations in the specific criteria and exemptions offered.
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Trump's executive orders on immigration
While the United States and Canada are both signatories of relevant UN conventions that allow persons to enter and claim refugee status, the implementation of immigration laws has differed between the two countries. In 2017, President Trump announced his intention to end the Temporary Protected Status (TPS) of unauthorized immigrants from several countries, causing a surge in irregular border crossings into Canada.
- Enhanced vetting of visa applicants and those already in the country, leading to potential backlogs and extended waiting periods for visa appointments.
- The use of armed forces, physical barriers, and unmanned aerial systems to impede unauthorized entry into the southern US border.
- Blocking asylum seekers and other individuals from entering the US at the southern border, with refugees being admitted on a case-by-case basis.
- Revoking Executive Order 14013, which focused on rebuilding and enhancing programs to resettle refugees and address the impact of climate change on migration.
- The expansion of detention infrastructure and the use of stipulated removal, reducing the likelihood of legal representation for immigrants.
- Firing multiple high-level officials within the EOIR, indicating an effort to reshape the immigration court system to align with the political motivations of Trump's administration.
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Frequently asked questions
Both the USA and Canada have tightened their immigration policies in recent years, but it is difficult to say which country's policies are tougher overall. While the Trump administration took a hard line on immigration, detaining asylum seekers and threatening criminal prosecution for undocumented immigrants, Canada has also seen an increase in irregular border crossings and has tightened its policies in response. Canada's immigration system is well-organized, and the country offers free language classes and healthcare to immigrants.
One key difference is the approach to asylum seekers and refugees. While both countries have similar criteria for asylum and refugee statuses, the USA has implemented policies such as the "'remain in Mexico'" policy, which prevents non-Mexican asylum seekers from entering the country until their claims are granted. Canada, on the other hand, generally only detains unaccompanied minors as a "last resort" and had significantly fewer immigration detainees than the USA in 2017.
The COVID-19 pandemic has led to further tightening of immigration policies in both countries. The USA, under the Trump administration, used public health laws to expedite the removal of asylum seekers, and implemented immigration freezes. Canada has also tightened its policies, returning refugee claimants to the first country they entered rather than allowing them to stay while their claims are processed.
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