Canada Affirms Border Security Amid Rising Concerns Over Privacy and U.S. Policy Changes

Effective midnight on February 4, 2025, the United States threatened to impose a 25% tariff on goods from Canada and Mexico, citing concerns over illegal immigration and fentanyl trafficking. That threat has been postponed for 30 days. President Donald Trump justified the measure by asserting that the Canada-U.S. border is being exploited for drug smuggling, though law enforcement and drug policy experts agree that Canada plays a minimal role in fentanyl smuggling into the U.S. The majority of fentanyl enters the U.S. through Mexico and China, with only 1.5% of fentanyl seizures at the U.S. border coming from Canada in the last fiscal year, compared to over 85% from Mexico. Despite this, Trump argues that stricter border control is necessary to curb the crisis.

With the commencement of President Trump’s presidency, the Canadian government has reaffirmed its commitment to border security, emphasizing that the Canada-U.S. border is under control. This declaration follows Trump’s announcement of the 25% tariff, a measure aimed at addressing illegal immigration and drug trafficking.

While unauthorized crossings from Canada into the U.S. remain significantly lower than those from Mexico—just one for every ten crossings at the southern border—there has been a notable rise in recent years. Data shows that these crossings have nearly doubled in the past two years, prompting concern among U.S. officials and triggering plans for stricter border measures.

In response, Canada has implemented initiatives to bolster its border security, such as deploying helicopters and advanced surveillance technology. Public Security Minister David McGuinty underscored the importance of maintaining a secure border while fostering cooperation with the U.S.

However, concerns are growing over a new information-sharing policy between Canada and the U.S., particularly its implications for refugees and new immigrants. The policy allows for the exchange of sensitive personal data of permanent residents, raising alarms about privacy and safety.  I voiced serious concerns, warning that this could put certain individuals at risk of prejudicial treatment by U.S. authorities.

“Many permanent residents may have come to Canada as refugees or asylum seekers,” I said in an interview with CTV News. “There is lots of information attached to their refugee claims that is protected information.”

I explained that this information often includes details about the persecution refugees faced, the individuals or groups they were fleeing from, security checks, and family contact information. “That information is super confidential,” I emphasized, noting that even our clients often struggle to access their own records without filing access-to-information requests. When these files are obtained, much of the content is frequently redacted.

“I can understand why the Americans would want it,” I said. “Information is power, but that information is super confidential.”

Advocates argue that sharing such sensitive data with U.S. authorities could jeopardize the safety of refugees and asylum seekers, particularly those fleeing persecution based on gender identification, sexual orientation, religious beliefs, or political affiliations. Many worry that such information could lead to prejudicial treatment, undermining the protections these individuals sought when they came to Canada.

Meanwhile, Canada has also made strides in addressing immigration- related issues beyond border security. A recent report highlights how Immigration, Refugees, and Citizenship Canada (IRCC) has significantly reduced its immigration backlog, streamlining the process for applicants and easing delays.

However, the broader future of Canada’s immigration policies remains uncertain amid major workforce reductions at IRCC. The federal government recently announced a cut of 3,300 jobs at IRCC, raising concerns about how this will impact immigration services and processing times. Some experts warn that these job losses could slow down immigration applications, making Canada a less attractive option for newcomers. Given that immigration has become a central issue in the ongoing U.S.-Canada tariff dispute, these staffing reductions could have long-term effects on Canada’s reputation as a prime destination for immigrants.

As the political landscape evolves with the incoming U.S. administration, Canada faces the dual challenge of maintaining secure borders while protecting the privacy and rights of vulnerable populations. At the same time, uncertainties around immigration processing could push more people to consider alternative destinations. Balancing these priorities will be crucial to upholding Canada’s reputation as a welcoming destination for newcomers.

For customized professional assistance on any particular case or situation, please consult qualified legal representation, which we are authorized and specialized to provide.

Please contact Warren Creates, Head of Immigration Law Group at Perley- Robertson, Hill & McDougall LLP/s.r.l at (613)238-2022 and/or [email protected].