Last Updated On 3 December 2024, 9:15 AM EST (Toronto Time)

The issue of out-of-status foreign nationals in Canada has ballooned into a complex web of legality, economics, and humanitarianism.

With thousands living in limbo, the question arises: Can Canada truly enforce the removal of all those who have overstayed their welcome in legal terms?

We believe that whether it is any government, Liberals or Conservatives, removing all the illegal foreign nationals is impossible.

None of the parties have a plan, nor can they have one; this is again “impossible” with illegals themselves protesting openly and enforcement agencies not able to arrest them.

This article delves deep into this multifaceted issue, providing context, statistics, and exploring the implications of such actions.

Understanding “Out of Status” in Canada

An individual is considered “out of status” when they no longer have legal permission to remain in Canada.

This can happen if someone overstays their visa, works without authorization, or fails to maintain the conditions of their stay.

Here’s the landscape:

Legal Entry but Overstayed: Many enter Canada on temporary visas but stay beyond their expiration date.
Violations of Stay Conditions: This includes working without proper permits or not leaving when required.

The Legal Framework

Immigration and Refugee Protection Act (IRPA): Outlines the removal process with three types of removal orders—departure, exclusion, and deportation—each with different implications for future entry. Click here to understand these orders in detail.
Humanitarian and Compassionate (H&C) Grounds: Provides a pathway for those out of status to apply for permanent residency, considering factors like family ties, establishment in Canada, and potential hardship upon removal.

Official Statistics

Backlog and Inventory: The CBSA reports a backlog of approximately 215,000 foreign nationals under removal orders who have not yet left the country. This number includes:
- Monitoring Inventory: 120,000 individuals awaiting decisions or further action.
- Wanted Inventory: Around 40,000 who have failed to comply with removal proceedings.
- Stay Inventory: Approximately 55,000 with stays on their removal due to ongoing legal or humanitarian considerations.
Annual Removals: In 2023, Canada managed to remove only 5,300 foreign nationals, far below the number with removal orders, indicating the challenges in enforcement.

Humanitarian Obligations

Canada’s approach to removals is significantly influenced by its commitment to humanitarian principles:

Refugee Claims: As of September 2024, there were 𝟭𝟯𝟮,𝟱𝟮𝟱 asylum claims made in Canada, many by those who might otherwise be out of status. The process of adjudicating these claims can take years, during which removal is stayed.
Child Protection: The best interests of children are a major consideration; for instance, in 2023, 167 permits were issued to out-of-status individuals under a humanitarian program for those with children, to avoid child separation.
Family Unity: The policy often leans towards maintaining family cohesion, which can result in discretionary decisions to allow individuals to stay.

Case Studies and Public Sentiment

Undocumented Workers Protests: In 2024, a significant protest in Toronto saw 2,500 undocumented workers rally, showcasing their contributions to sectors like construction and agriculture while demanding legalization.

Public Opinion: A 2023 Angus Reid Institute poll revealed that 56% of Canadians support some form of amnesty for undocumented workers, reflecting a shift in public sentiment towards regularization.

The Cost of Removal

The financial aspect of removing out-of-status nationals is a critical consideration:

Direct Costs: The CBSA’s cost for one removal can range between $5,000 to $15,000, with the higher end for complex cases involving detention, escorts, and international travel.
Indirect Costs: Legal battles, detentions, and administrative efforts add to the expense, potentially doubling the direct cost per case.
Economic Impact: A 2022 study by the Canadian Centre for Policy Alternatives estimated that undocumented workers contribute over $7.5 billion annually to the Canadian economy through taxes and labor.

Economic Contributions vs. Public Safety

Workforce Contribution: Sectors like agriculture, where 20% of workers are estimated to be undocumented, heavily rely on this labor force.

Public Safety: Balancing the economic benefits with the need to uphold immigration laws and ensure public safety remains a challenge.

Policy Debates: With the 2025 election on the horizon, there’s an ongoing debate about creating a new regularization program, similar to the one in 1973 that legalized approximately 39,000 undocumented residents.

Government Statements: Immigration Minister Marc Miller has been vocal about considering both enforcement and compassion, suggesting a nuanced approach:

“We must ensure our immigration system reflects both our laws and our values of compassion and inclusion.”

Immigration Minister’s View

The minister has hinted at reforms but emphasized the complexities:

“We are committed to managing our borders responsibly while also recognizing the human elements at play. Each case demands careful consideration.”

Challenges in Enforcement

Resource Constraints: With only 4,900 removals conducted in 2022, CBSA’s capacity is clearly stretched thin, especially with a backlog of cases.
Legal Challenges: The appeal process can last for years; for example, in 2023, 3,200 appeals were lodged against removal orders.
International Relations: Removing individuals to countries with human rights concerns or political instability, like Venezuela or Afghanistan, brings significant diplomatic and humanitarian challenges.

Public Protests and Advocacy

Protests: Since 2020, there have been 15 major protests across Canada, with the largest in Montreal attracting over 10,000 participants, demanding pathways to citizenship or legal status.

Advocacy Groups: Organizations like the Canadian Council for Refugees have been pushing for policies that would recognize the rights and contributions of undocumented workers.

Alternatives to Removal

Temporary Resident Permits: In 2023, Canada issued 2,400 such permits, often for humanitarian reasons or to keep families together.

Regularization Programs: Historical examples include the regularization of 39,000 undocumented workers in 1973, suggesting a precedent for future policy considerations.

Regionalized permanent residency programs with 5 to 10-year commitment can also retain out-of-status as well as help Canada in populating rural areas which is in fact a major problem.

The removal of out-of-status foreign nationals in Canada is not just a matter of law enforcement but a reflection of its societal values, economic needs, and international obligations.

The current system struggles with enforcement due to humanitarian concerns, legal challenges, and resource limitations.

With public opinion showing increasing support for regularization, the future might see Canada adopting more compassionate policies.

However, until then, the government continues to navigate a complex landscape where each decision impacts lives, economies, and the nation’s identity as a defender of human rights.

The dialogue on this issue is far from over, with potential for significant policy shifts in the coming years.

Gagandeep Kaur Sekhon

Gagandeep Kaur Sekhon moved to Canada in 2010 on a study visa. She navigated through the ups and downs of her student life and gained her permanent residency in 2015. Today, she is a proud Canadian citizen residing in Calgary, Alberta. She is mother of 2 beautiful daughters and making her difference through writing and guidance at INC – Immigration News Canada.