Ottawa is facing renewed calls to suspend its longstanding refugee pact with the United States amid concerns over the safety of transgender and gender-diverse individuals.

Civil society organizations—including the Canadian Civil Liberties Association, the Canadian Association of Refugee Lawyers, and Rainbow Railroad— are urging the federal government to immediately pause the Safe Third Country Agreement.

Implemented in 2004, the agreement allows Canada to return asylum seekers to the United States if they arrive at the border, assuming that the U.S. is also a safe destination for refugees.

However, the groups argue that recent U.S. policy shifts have transformed this safety net into a potential trap for vulnerable claimants.

The controversy has intensified following U.S. President Donald Trump’s decision to suspend his country’s refugee admissions program.

Critics say that this move, along with Trump’s recent executive order recognizing only male and female genders, leaves many LGBTQ+ individuals—especially transgender and nonbinary persons—exposed to significant risks.

“Canada cannot, in good conscience, continue to turn away refugees at the Canada-U.S. border who would subsequently face return to persecution in their home countries,” said Adam Sadinsky, a spokesperson for the Canadian Association of Refugee Lawyers.

“We have a responsibility to uphold our international obligations and ensure that asylum seekers are met with safety and dignity—not refoulement. Canada has the power to create exemptions under the STCA for those most vulnerable of refoulement from the U.S. and should use that power now.”

“LGBTQIA+ people seeking asylum are being put under extreme scrutiny, and it’s hindering their right to safety and protection,” said Paxton Santos, Director of Policy and Advocacy for Rainbow Railroad.

“In particular, trans women seeking asylum will experience acute danger if they are detained by immigration enforcement.”

“There are serious equality concerns with the STCA, especially in today’s increasingly hostile climate for some asylum seekers on both sides of the border,” said Harini Sivalingam, Director of the Equality Program at the Canadian Civil Liberties Association. “Women fleeing gender-based persecution, as well as trans and gender diverse asylum seekers face serious risks when returned at the border, including detention and deportation.”

In a letter addressed to Immigration Minister Marc Miller, the advocacy groups stressed the urgency of halting deportations to the United States.

They called for the creation of an exemption under the Safe Third Country Agreement for transgender and gender-diverse claimants, as well as for those fleeing gender-based violence.

Miller’s office defended the current arrangement, asserting that it includes safeguards designed to balance border security with the protection needs of asylum seekers.

“We continue to monitor developments carefully and it is the continued expectation that the U.S. behave according to the terms of the agreement that manages our border,” a spokesperson said.

Earlier this month, both the Canadian Council for Refugees and Amnesty International Canada voiced similar concerns, urging the government to reconsider its participation in the pact given the deteriorating situation for refugees in the United States.

With Trump’s anti-immigrant measures intensifying, critics fear that vulnerable populations are now caught in an increasingly perilous situation, leaving Canada’s role under the agreement more controversial than ever.

The American Immigration Lawyers Association has also warned that the new Trump policies could lead to increased mistreatment and even violence in U.S. detention centers, where housing is organized strictly along binary lines.

Meanwhile, a report by Reuters has revealed a notable decline in refugee claims across Canada as the nation tightens its visa policies—a move that has raised alarms among advocates who fear that genuine asylum-seekers are being left with few safe alternatives.

Data from the Immigration and Refugee Board indicates that in January, approximately 11,840 individuals lodged refugee claims—a significant drop from the July peak of 19,821. This figure marks the lowest monthly total since September 2023.

To ease pressure on public services and address a broader anti-migrant sentiment, Canadian officials are actively discouraging asylum applications while restricting the issuance of visitor visas.

Government statistics show that Canada issued roughly 1.5 million visitor visas last year, a decrease from about 1.8 million in 2023. This reduction has been particularly pronounced for nationals from countries that have traditionally been major sources of asylum-seekers.

For example, visitor visas for Bangladeshi citizens fell from 45,322 to 27,975; for Haitians, from 8,984 to 5,487; and for Nigerians, from 79,378 to 51,828. Similar declines have been observed among Afghans (468 to 330), Iranians (57,127 to 38,075), Ugandans (6,096 to 2,019), Syrians (2,716 to 1,174), and Kenyans (11,464 to 3,199).

Despite the decrease in new claims, pending applications remain at historically high levels, with 278,457 claims recorded in January.

Notably, Canada does not offer a specific visa for asylum-seekers. Individuals seeking refugee status must enter as visitors, students, or workers—or resort to unauthorized entry, a challenging option given the nation’s geographic isolation and its agreement with the United States to repel asylum-seekers at the border. Others are forced to remain in refugee camps for extended periods in the hope of eventual resettlement.

Advocates argue that, amid a global crisis of displacement, these tighter controls are leaving vulnerable individuals with little recourse.

“It’s very problematic,” said Diana Gallego, co-executive director of the Toronto-based FCJ Refugee Centre, which supports asylum-seekers.

“If people are fleeing persecution, the only way for some to find safe haven is by having an exit visa. Otherwise, they are forced to cross borders on foot, endangering their lives.” Gallego added that her centre is witnessing fewer arrivals, though it remains unclear whether those individuals are finding refuge elsewhere.

“It’s like invisible walls,” she noted.