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The U.S. has taken action to address the surge of asylum seekers using Canada as a stepping stone to enter the United States. 

The U.S. Department of Homeland Security made changes to the Safe Third Country Agreement with Canada to reduce the amount of time people will have to consult with a lawyer when seeking asylum at the U.S.-Canada border. 

The new procedural changes are akin to the ones implemented at the U.S.-Mexico border earlier this year. 

The department made the changes after reviewing the agreement, saying the process could be streamlined from the initial 24-hour consultation period allotted to asylum claimants to four hours, reducing the amount of time claimants will have to consult with a lawyer before making their case. 

According to the Safe Third Country Agreement, which first came into effect in 2004, Canada and the U.S. are both safe countries for those seeking asylum, however, people must make a refugee claim in the country where they first arrive. 

The agreement was updated by Prime Minister Justin Trudeau and U.S. President Joe Biden last year, in which they closed a loophole that allowed people who skirted official border crossings to still make a claim. 

Biden announced a suite of changes in June which mostly affected the U.S. border with Mexico, however, the new procedural changes will affect migrants crossing into the U.S. from Canada as well. 

Another procedural change is that border officers will now only consider the documentary evidence that asylum claimants have on them at the time of their arrival. 

These changes are aimed to slow the amount of asylum seekers who are attempting to cross into the U.S. from Canada, which has increased dramatically in recent years. 

According to U.S. Customs and Border Protection data, agents took 12,612 people into custody along the international border with Canada in the first six months of this year, up from 12,218 in 2023.  

Some U.S. politicians argue that this has become a liability given the number of migrants Canada is accepting, in particular from the Middle East as the ongoing conflict between Israel and Hamas escalates. 

Last month, Republican senator for Florida Marco Rubio sent a letter to Homeland Security Secretary Alejandro Mayorkas, calling for him to heighten precautions along the U.S.-Canada border.

“The possibility of terrorists crossing the U.S.-Canada border is deeply concerning given the deep penetration of Gazan society by Hamas,” it read.

The letter was sent in response to Canada’s pledge to increase the amount of temporary visas for Gaza residents wanting to join family members in the country.

“Irrespective of Canada’s immigration policies, the U.S. should not waive common-sense terrorist screening and vetting for any individual entering the U.S. through other countries,” the letter said.

Immigration Minister Marc Miller announced in May that applications for Canada’s “temporary resident visa” program for Palestinians would be increased from 1,000 to 5,000. 

“We remain deeply concerned about the humanitarian tragedy unfolding in Gaza. Many people are worried about their loved ones and have expressed significant interest in the temporary special measures we introduced for their extended family in Gaza,” said Miller in a statement.

“That is why, as part of our humanitarian response, we have increased the number of temporary resident visa applications that will be accepted into processing as part of these measures from 1,000 to 5,000. Over the past few weeks, we have been issuing more web codes so that clients can apply for a temporary resident visa.”

Under the program, Palestinians who live in Gaza and have relatives who are either Canadian citizens or permanent residents will be eligible to move to Canada and stay for up to three years. 

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