Cameron Miranda
The immigration laws of the US and Canada have been a topic of interest, especially with the recent changes in the global political climate. Both countries have tightened their policies in recent years, with the US taking a harder line on asylum seekers and refugees, while Canada has set ambitious immigration targets. The US has a more challenging path to permanent residency or a green card, with fewer options available compared to Canada. Canada, on the other hand, offers more immigration options and a higher quality of life to foreign nationals, with universal healthcare and a lower homicide rate. However, US Customs and Border Protection has the authority to bar non-citizens from the country for up to five years if false documentation is presented, and the country has seen a recent implementation of travel bans targeting specific countries.
| Characteristics | Values |
|---|---|
| Difficulty in obtaining permanent residency | The US has very few pathways to permanent resident status, while Canada admitted over 230,000 economic immigrants in 2021. |
| Safety | Canada scored 96.7/100 for safety, while the US scored 10.8/100. The US has a homicide rate 400% higher than Canada's. |
| Healthcare | Canada offers free universal healthcare for permanent residents and citizens, regardless of employment status. |
| Asylum seekers | The US has increasingly detained asylum seekers, including unaccompanied minors, while Canada considers detention a "last resort" and reserves it for "irregular arrivals" or security risks. |
| Travel restrictions | The US has enacted travel bans targeting Muslim-majority countries, while Canada has not implemented similar restrictions. |
| Dual citizenship | The US recognizes dual citizenship, but a Canadian citizen in the US may face limited consular services and different entry/exit requirements. |
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What You'll Learn
Detention of asylum seekers
The detention of asylum seekers in the US and Canada is governed by each country's respective immigration laws. While both countries have similar criteria for asylum and refugee statuses, their implementation has diverged.
US immigration law gives officials discretion over whether to detain asylum seekers or let them enter and appear for their hearing. However, detention has become the preferred solution, especially in response to pressures at the border with Mexico. Detention is used for those who are deemed a public safety or flight risk, and unaccompanied minors are sometimes detained, though this has become a major political and legal issue. Immigration and Customs Enforcement (ICE) is responsible for detention, and it has been criticised for failing to enforce minimal detention standards, resulting in unsafe and inhumane conditions, including medical neglect, mistreatment of vulnerable populations, and excessive use of solitary confinement.
In Canada, the criteria for detaining asylum seekers appear to be tighter. Detention is considered a "last resort" and is reserved for "irregular arrivals" or potential security risks. Canada has also signed onto the "safe third country agreement," which states that asylum seekers must apply for asylum in the first country they land in. However, there are exceptions, such as if the asylum seeker has close relatives in Canada who meet certain requirements.
During the COVID-19 pandemic, both countries tightened their policies. Refugee claimants entering at unofficial ports of entry will be returned to the country they first entered. This has resulted in an increase in asylum seekers being denied entry into Canada from the US.
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Temporary Protected Status
TPS is granted by the Secretary of Homeland Security, who has the discretion to decide when a country merits a TPS designation. The Secretary must consult with other government agencies, such as the Department of State and the National Security Council, prior to making a decision. The decision to designate a country for TPS is not subject to judicial review. USCIS, an agency of the Department of Homeland Security, grants TPS to eligible individuals. To be eligible for TPS, an individual must have been continuously residing in the United States since the date specified for their country. There are exceptions to the continuous physical presence and continuous residence requirements for brief, casual, and innocent departures from the United States. An individual may not be eligible for TPS if they have been convicted of a felony or two or more misdemeanors in the United States or are found inadmissible as an immigrant under applicable grounds.
If granted TPS, an individual cannot be detained by DHS on the basis of their immigration status in the United States and receives temporary protection from deportation and temporary authorization to work. TPS beneficiaries have been eligible for advance parole, which provides permission to travel abroad and return to the United States, but they must apply for it separately. However, in July 2022, USCIS discontinued the use of advance parole for TPS recipients and created Form I-512T, Authorization for Travel by a Noncitizen. If a TPS beneficiary leaves the United States without obtaining TPS travel authorization, they may lose their TPS status and may not be able to re-enter the country.
TPS has been a lifeline to hundreds of thousands of individuals in the United States, particularly after President Trump announced in 2017 his intention to end TPS for unauthorized immigrants from several countries, which caused a surge in irregular border crossings into Canada. The US Supreme Court allowed the Trump administration to revoke the temporary legal status of many migrants, including Venezuelans, Cubans, Haitians, and Nicaraguans, exposing them to potential rapid removal from the country.
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Refugee claimants
While the US and Canada have similar criteria for asylum and refugee statuses, their implementation has differed. Under the Trump administration, the US took an increasingly hard line on immigration, with immigration officials detaining asylum seekers instead of letting them enter and await their hearing. This has resulted in the controversial detention of unaccompanied minors. While detention is also provided for under Canadian law, it is considered a "last resort". Canada reserves detention for those who enter as "irregular arrivals" or for 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 country they first entered, rather than being allowed to stay while their claims were processed.
In the US, asylum-seekers have been removed under public health laws, and the Trump administration's policies were expected to remain in place until the end of his term. The Biden administration's stance on immigration was unclear at the time.
In Canada, refugee claimants can make an asylum claim upon arrival at a port of entry or online if they are already in the country. If they are deemed eligible, their case is referred to the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB) for a hearing. The IRB considers whether the claimant meets the United Nations definition of a Convention refugee or is a person in need of protection.
Canada's CBSA and RCMP play a key role in protecting the country's border and intercepting illegal entries. The IRCC facilitates the legitimate arrival and integration of refugees into Canada.
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Permanent resident status
Canada and the United States have both tightened their immigration policies in recent years. Canada has set immigration targets, and the US has expedited the removal of asylum seekers. While both countries have similar criteria for asylum and refugee statuses, the US has increasingly detained asylum seekers, including unaccompanied minors, rather than letting them enter and appear for their hearing.
A permanent resident (PR) in Canada is someone who has been given PR status by immigrating to Canada but is not a Canadian citizen. PRs are usually citizens of other countries, and some may be stateless persons. Refugees who resettle in Canada from overseas become PRs through the Government-Assisted Refugee Program or the Private Sponsorship of Refugees Program. Refugees must first have their claim approved by the Immigration and Refugee Board before applying for and obtaining PR status. PRs are entitled to most social benefits that Canadian citizens receive, including a social insurance number to work in Canada and health care coverage. To keep PR status, a person must have been in Canada for at least 730 days during the last five years. PRs must also ensure their PR card is valid when travelling outside Canada and apply for a new one when it expires.
Citizens of Canada travelling to the US do not require a non-immigrant visa unless they are inadmissible under US immigration law or have previously violated the terms of their immigration status in the US. Canadians can apply for a visa at a US embassy or consulate if they are inadmissible. Canadians require non-immigrant visas for temporary travel to the US for specific purposes, including foreign government officials, officials and employees of international organizations, and NATO officials, representatives, and employees assigned to the US.
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Travel bans
The United States and Canada have both tightened their border policies in recent years, with the US in particular facing scrutiny for its travel ban policies under the Trump administration.
US Travel Bans
In June 2025, US President Donald Trump signed a proclamation enforcing a travel ban on citizens of 12 countries, primarily in Africa and the Middle East. The ban "fully" restricts the nationals of Afghanistan, Myanmar, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen from entering the US. Nationals of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and
The 2025 ban includes specific exemptions for lawful permanent residents, existing visa holders, dual nationals traveling with a passport from a non-banned country, and children adopted by US citizens. It also provides immigrant visas for ethnic and religious minorities facing persecution in Iran and for Afghan nationals who have worked with the US government. Unlike the 2017 ban, the 2025 version does not single out Muslim-majority countries and includes more legal precision, such as waiver options and justifications for country inclusions. However, critics argue that it will still negatively impact people, especially families, workers, and refugees, and reinforce negative perceptions of Africans and non-white developing countries.
Canadian Border Policies
While Canada has not implemented similar sweeping travel bans, it has tightened its policies, particularly in response to the COVID-19 pandemic. During the pandemic, Canada and the US agreed that refugee claimants entering at unofficial ports of entry would be returned to the first country they stepped into instead of being allowed to stay in the second country while their claims were processed. Additionally, Canada has specific entry rules for foreign nationals, including registration requirements for stays longer than 30 days, and penalties for misrepresentation or false documentation.
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Frequently asked questions
The US has implemented stricter immigration laws in recent years, such as the controversial travel ban targeting Muslim-majority countries, which was enacted by former President Trump in 2017. The US also has stricter requirements for obtaining a Green Card, with family connections or employment sponsorship being the most common pathways to permanent residency. In addition, the US has seen an increase in the detention of asylum seekers and unaccompanied minors at the border.
Canada, on the other hand, offers more immigration options and a higher quality of life for foreign nationals. Canada admitted over 230,000 economic immigrants in 2021, compared to only 60,000 employment-based Green Cards issued by the US. Canada also provides free universal healthcare for permanent residents and citizens, and has a lower homicide rate than the US.
Former President Trump's administration took an increasingly hard line on immigration, including the implementation of the travel ban and the ending of Temporary Protected Status for unauthorized immigrants from several countries, which led to a surge in irregular border crossings into Canada. The US has also expedited the removal of asylum seekers and implemented COVID-19-based measures to further tighten immigration.
Obtaining a Green Card, or permanent resident status, in the US is incredibly difficult. The most common pathways to obtaining a Green Card are through family connections or employment sponsorship. US citizens and permanent residents can petition for their spouses and immediate family members to receive Green Cards. Another option is to have an employer in the US sponsor an individual for immigration.
Immigrants in the US may face several challenges, including stricter border enforcement and the potential for detention or removal if they violate immigration laws. The US Immigration and Customs Enforcement (ICE) has the authority to identify, arrest, detain and remove individuals who are unlawfully present in the country. In addition, non-citizens who present false documentation or misrepresent themselves at the border may be barred from the US for five years.
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