Cecily Zamora
The immigration laws of the United States and Canada have been shaped by various factors, including economic needs, family reunification, and societal beliefs. While both countries have comparable levels of development and facilitate immigration, there are significant differences in their approaches. The US has a priority date system and focuses on employment-based immigration, whereas Canada has no quota for immigrants or work permits and considers skills and education as primary criteria. Historically, Canada's immigration policies were overtly discriminatory, but they have evolved to embrace multiculturalism, while the US faces challenges at its southern border with Mexico, leading to increased detention of asylum seekers.
| Characteristics | Values |
|---|---|
| Detention of asylum seekers | The US detains asylum seekers, while Canada only detains those who enter as "irregular arrivals" or pose potential security risks. |
| Refugee status | Both countries have tightened policies during COVID-19, returning refugee claimants to the first country they entered. The US saw a surge in irregular border crossings into Canada after Trump's 2017 announcement to end Temporary Protected Status for unauthorized immigrants. |
| Family reunification | Canada allows citizens and permanent residents to sponsor spouses, common-law partners, dependent children, parents, and grandparents. The US does not specify who can be sponsored. |
| Work permits | The US prioritizes employment-based immigration, and applicants can "adjust their status" for permanent residence. Canada focuses on skilled workers and education as criteria for immigration. |
| Immigration targets | Canada has set immigration targets for 2020-2022, while the US has implemented COVID-19-based measures to tighten immigration. |
| Tracking system | The US tracks the entry and exit of visitors, while Canada does not keep records of when a person leaves. |
| Sponsorship | The US allows the sponsorship of siblings, while Canada has eliminated this practice. |
| Illegal immigration | Both countries use the term "illegal immigrant," but it is unclear what this term legally encompasses in Canada. |
| Historical discrimination | Canada's historical immigration policies were shaped by racism and discrimination, particularly against Black and Chinese immigrants. |
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What You'll Learn
Detention of asylum seekers
The United States and Canada both allow immigration for family reunification and to meet their countries' economic needs. However, Canada has a more restrictive approach to family reunification. It allows citizens and permanent residents to sponsor spouses, common-law partners, dependent children, parents, and grandparents. One may sponsor brothers, sisters, nephews, nieces, or grandchildren only if they are orphaned.
In the United States, immigration officials have the discretion to detain asylum seekers or let them enter and appear for their hearing. Detention has become the preferred solution, especially in response to pressures at the border with Mexico. The detention of unaccompanied minors has become a significant political and legal issue. In 2017, the US held 323,591 immigration detainees compared to Canada's 6251. The US has over a million asylum seekers awaiting adjudication of their claims.
Although detention of asylum seekers is provided for under Canadian law, it is considered a "last resort". Detention is reserved for those who enter as irregular arrivals or those who may pose a security risk. Canada's tighter criteria for the detention of asylum seekers may be due to international law, which recognizes that the refugee status determination process can be lengthy and complex. Asylum seekers should receive certain protections before a state has officially recognized them as refugees.
In recent years, there has been a surge in irregular border crossings into Canada from the US. This was due to former US President Trump's announcement in 2017 to end Temporary Protected Status for unauthorized immigrants from several countries. The crisis eased after courts struck down Trump's order, and Temporary Protected Status for persons originating from those countries was renewed through 2021. During COVID-19, both countries tightened their policies, and refugee claimants entering at unofficial ports of entry will be returned to the country they first entered.
Despite established rights under US and international law, the US government has severely restricted access to asylum at the border. The Trump administration restricted access to seeking asylum at the border, and the Biden administration has continued COVID-19-based measures to tighten immigration.
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Family reunification
In Canada, family reunification is one of the three pillars of the CIC's immigration program, along with economic immigration and refugees/protected persons. Canadian immigration policy has a long tradition of supporting family reunification, allowing both recent immigrants and long-established Canadians to be reunited with their families. The Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) govern the eligibility of sponsors and their sponsored family members. Canadian citizens and permanent residents can sponsor spouses or common-law partners (including same-sex partners), dependent children, parents, grandparents, children adopted from abroad, and other relatives in special circumstances. There is no numerical cap on the number of sponsored family members, but there are limited spaces available for sponsoring parents and grandparents. Canada also has a One-Year Window of Opportunity Provision, which allows resettled refugees in Canada to apply for reunification with family members they left behind.
In the US, family reunification has been termed "the bedrock of U.S. immigration policy" by a supportive organization. The approach is more expansive than Canada's, as immediate relatives of US citizens (spouses, minor children, adopted orphans, and parents) are admissible without any numerical limits. A broader range of other relations are also allowed, subject to caps, through a cascading system of preferences. The US also has special visas for temporary workers, such as intra-company transfers and agricultural workers, and a cap of 140,000 entrants per year for permanent economic immigrants, including their family members.
While both countries have systems in place to facilitate family reunification, Canada's approach is more restrictive in terms of the types of family relationships it includes. The US includes a broader range of relationships and has more flexible numerical limits. However, it's worth noting that Canada has been praised for its overall liberal immigration policy and its commitment to family reunification, while the US has faced criticism for its hard line on asylum seekers during the Trump administration.
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Temporary Protected Status
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions that temporarily prevent the country's nationals from returning safely or when the country is unable to handle their return adequately. USCIS may grant TPS to eligible individuals without nationality who last resided in the designated country. Nationals of a designated country must register during a specific period and pay significant fees. Their immigration status at the time of application has no effect on their eligibility. If a person is eligible for TPS, they must register by submitting an application to USCIS. If granted, that person receives temporary protection from deportation and temporary authorization to work in the United States.
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. 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 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 when problems in their home country make their departure or deportation untenable. As of 30 September 2024, there were approximately 1.1 million people with TPS living in the United States. The Trump administration has terminated TPS for up to 350,000 Venezuelans, as well as for additional nationals from Cuba, Haiti, and Nicaragua. The Biden administration had previously offered limited pathways to Venezuelans, Cubans, Haitians, and Nicaraguans to enter the US legally, but the Trump administration has sought to undo these decisions.
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Immigration quotas
Both the US and Canada impose annual quotas on immigration. However, the quotas and the immigration policies differ between the two countries.
The US law limits the number of immigrants who may be admitted annually. The Immigration Act of 1990 established an annual limit of 700,000 visas for quota-restricted immigrants. This annual limit is divided among certain "preference categories", including family-sponsored immigrants, employment-based immigrants, and diversity immigrants. Immediate relatives of US citizens, such as spouses, parents, and unmarried children, are exempt from this limit.
Canada has been increasing its immigration levels since the late 1980s to address its ageing population, low birth rate, and labour shortages. Canada's immigration targets have been steadily rising, with 405,000 newcomers in 2022, and targets of 465,000 in 2023, 485,000 in 2024, and 500,000 in 2025. These targets are part of Canada's plan to support economic growth, address labour shortages, and reunite families. Canada's Provincial Nominee Program (PNP) allows provinces to nominate immigrants who match local workforce needs, demonstrating the country's proactive approach to addressing its demographic and economic challenges through immigration.
Comparison of Immigration Policies
While both countries allow immigration for family reunification, Canada's approach is more restrictive. Canada allows citizens and permanent residents to sponsor spouses, common-law partners, dependent children, parents, and grandparents. Sponsorship of extended family members, such as siblings and grandchildren, is only permitted if they are orphaned.
In terms of asylum seekers, the US has been criticized for its increasing use of detention, especially in response to pressures at the border with Mexico. In contrast, Canada appears to have tighter criteria for detention, reserving it for "irregular arrivals" or security risks. Canada's approach to refugee claimants has evolved, with recent policies returning claimants to the first country of entry during the COVID-19 pandemic.
In summary, while both countries have immigration quotas, Canada has been proactively increasing its targets to address demographic and economic challenges, resulting in higher immigration rates per capita compared to the US. Canada's policies appear more focused on family reunification and addressing labour shortages, while the US has a preference category for employment-based immigrants. The US has faced criticism for its detention of asylum seekers, whereas Canada's criteria for detention appear more restrictive.
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History of racist immigration policies
Canada and the United States have both historically implemented racist immigration policies. Canada's right to discriminate with regards to immigration is not absolute and should not diminish core Charter values and human rights. However, Canada's Seasonal Agricultural Worker Program and Caregiver Streams are rooted in racism and discrimination, influencing current immigration policies. Canada also had an exclusive White immigration policy well into the 1960s. In 1923, the Chinese Immigration Act limited the entry of persons of Chinese origin, resulting in less than 50 Chinese immigrants between 1923 and 1947.
The United States has also used racial requirements to welcome white people and exclude others. The first US Congress in 1790 established that "free white persons" of "good character" were the only people eligible for naturalization. In 1882, the Chinese Exclusion Act banned Chinese people from entering the country, and broader laws later banned other Asian groups. During the Great Depression, President Hoover scapegoated Mexican Americans, deporting up to 1.8 million, most of whom were US citizens. In the 1950s, 1.3 million Mexican Americans were deported as part of "Operation Wetback." Today, punitive immigrant policies threaten family separation and deny public benefits, impacting the families of an estimated six million US citizens or lawful residents. Latino immigrants are often marginalized and treated as illegal, facing harsher consequences than white Europeans.
Both countries have tightened their immigration policies during the COVID-19 pandemic. President Trump used the pandemic to further tighten immigration, and President Biden has not yet clarified his intentions. Canada has also questioned the viability of its current immigration targets. During COVID-19, both countries have returned refugee claimants entering unofficial ports of entry to the first country they stepped into. Trump's 2017 announcement to end Temporary Protected Status for unauthorized immigrants caused a spike in irregular border crossings into Canada.
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Frequently asked questions
It is generally considered easier to immigrate to Canada than to the US. The US system is largely employment-based, requiring a work permit for entry. Canada focuses more on skills and education, and permanent residence is more easily obtained.
Both countries have strict border control policies. The US has a long border with Mexico, which is a transit corridor for immigrants from Latin America, Asia, Africa, and the Middle East. Canada's border control policies are more restrictive when it comes to family reunification.
The US detains more asylum seekers than Canada. In 2017, the US held 323,591 detainees compared to Canada's 6251. The US has been criticized for its detention of unaccompanied minors.
Recent events, such as the COVID-19 pandemic and the Trump administration's immigration policies, have led to tighter border policies in both countries. Canada and the US have both restricted refugee claimants entering at unofficial ports and implemented COVID-19-based measures.
