A Comparative Study of Refugee Immigration Laws in Canada and the USA

This essay provides a comparative analysis of the immigration laws pertaining to refugees in Canada and the United States. It begins by defining refugees and highlighting the legal frameworks governing their admission and protection in both countries, including the Immigration and Refugee Protection Act in Canada and the Immigration and Nationality Act in the USA. The essay then delves into the research questions, examining the emergence of refugee laws, eligibility criteria for refugee status, grounds for disqualification, and the pros and cons of these laws. It explores the programs available, such as the Humanitarian Resettlement Program and In-Canada Asylum Program in Canada, and the Refugee Admissions Program in the USA. The essay highlights key differences in immigration policies, such as the emphasis on economic-based immigration in Canada versus family reunification in the US, and differences in multiculturalism. Furthermore, it discusses the screening processes, including medical, criminal, and security checks, and the roles of various governmental and non-governmental organizations in the resettlement process. The essay concludes by summarizing the key distinctions between the two countries' approaches to refugee immigration, emphasizing the complexities and geopolitical aspects of the process.

Running head: AMERICAN AND CANADIAN IMMIGRATION
American and Canadian Immigration laws
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction......................................................................................................................................2
Background of the study..................................................................................................................2
Research Question...........................................................................................................................3
Reference List..................................................................................................................................4

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Refugees are referred to people who have either left or fled from their own countries for
the fear of being persecuted on the grounds of their gender, race, opinion or beliefs. They have
been subjected to such drastic and inhuman experiences that they are unable to return home for
the fear of being persecuted in the same manner (Hollifield, Martin & Orrenius, 2014). However,
there is a difference between an immigrant and a refugee where the former decides to settle in
some country other his/her own country permanently, and the latter is forced to leave to his/her
own country for the fear of being subjected to inhuman treatment.
The refugee system in Canada is mainly governed by the Immigration and Refugee
Protection Act and comprises the Refugee and Humanitarian Resettlement Program for
refugees seeking protection from outside the country and the in-Canada Asylum Program for
those refugees who claims protection from within Canada (Joppke & Morawska, 2014). Canada
is a signatory to the UN 1951 Convention with respect to the Status of Refugees and the
Immigration and Refugees Protection Act implements the Convention. The Refugee Settlement
Program, which is regulated by the Citizenship and Immigration Canada that deals with the
processing of the applications and resettlement assistance (Czaika & De Haas, 2013).
The USA is also a party to the UN Convention 1951 relating to status of the refugees and
the refugees laws are regulated by the Immigration and Nationality Act (INA). The Office of
Refugee Resettlement (ORR) in the Department of Health and Human Services, Bureau of
Population, refugees and Migration (PRM) in the Department of State and the offices within
the Department of Homeland Security (DHM) jointly govern the Refugee Admissions
Program. The U.S. Citizenship ad Immigration Services (USCIS) within the DHS conducts the
refugee interviews and determines whether an individual is eligible to be granted a refugee status
in the USA (Hollifield, Martin & Orrenius, 2014).

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Research Question
 How the immigration laws for the refugees have emerged in Canada and the United
States?
 What are the conditions that must be satisfied to become eligible to be granted a refugee
status in both the countries?
 What are conditions that disqualify the claimants from acquiring a refugee status in both
the countries?
 Are there any pros and cons of the immigration laws for refugees in Canada and the
USA?
 What are differences in the immigration laws for refugees between both the countries?
 Is there any common agreement between the two countries with respect to such
immigration laws for the refugees among both the countries?
The Immigration and Refugee Protection Act regulates the refugee system in Canada
and consists of the Humanitarian Resettlement Program and In-Canada Asylum Program. The
Humanitarian Resettlement Program is for those refugees who come from outside the country
seeking for protection. The In-Canada Asylum Program is for persons who succeed to make
their claims from inside the country. The government assisted refugee program supports majority
of refugee allocations where either the Province of Quebec or the Canadian Government
provides initial assistance to the refugees to resettle in the country (Weissbrodt, Danielson &
Myers, 2017).
Additionally, Canada permits private individuals and organizations to sponsor individuals
who fulfill the eligibility and admissibility criteria as stipulated under the Canadian law. Canada
identifies the refugees to enable them to resettle in the country in association with the United

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Nations Refugee Agency UNHCR. The refugee screening process of the country is said to be
thorough, multi-staged and meticulous, including medical, criminal and security screening
procedures.
The refugee program stipulates the criteria to become eligible for seeking protection in
Canada. The person must have a fear of persecution, which is well established, or there is
sufficient evidence about such fear of persecution. Such person must establish that there is a risk
of being subjected to cruel, unusual punishment, or torture, in the home countries of the persons
seeking protection (Steil & Vasi, 2014). People who seek protection from the Canadian
government may be disqualified if it is established that such person has been subjected to
conviction for commission serious criminal offense. Further, if it is established that such person
has made previous claims, which were not accepted by the Canadian Government.
Under the Resettlement Assistance Program, the Canadian Government or Province of
Quebec assists the refugees with income support and other essential services after they are
eligible to settle in the country. The refugees are provided with income support for one year until
they become capable to support themselves and fulfill their necessities. In the event of private
organizations and sponsors, they must provide emotional and financial support to the refugees
that they sponsor for the sponsorship period or until the refugee becomes capable to support
themselves. The Blended visa office-referred refugees are entitled to six-months of Resettlement
Assistance Program income support whereas the private sponsors provide the sponsored refugees
with six months of financial support and a year of emotional and social support as well (Bucerius
& Tonry, 2014).

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The Urgent Protection Program (UPP) was established to respond the urgent requests to
provide assistance to the government-assisted refugees who would otherwise have a fear of being
persecuted, expelled or facing direct threats to their lives. After the applicant for refugee status
is a UNHCR referral, the screening process involves identification of the legitimate refugees
who are obligated to undergo subsequent and initial interviews questioning about their current or
past military activities or associations. This process may include antifraud measures, biometric
checks and other measures.
The USA passed its very first official refugee legislation for addressing the plight of
displaced Europeans post the World War II. The United States is the only country that resettles
more refugees than any other country (Roberts, 2015). Subsequent to the Vietnam War and the
experience of the country while resettling the Indochinese refugees, Congress passed the
Refugee Act of 1980 that had incorporated the definition into the US law that has laid the
foundation for the Refugee Admissions program (USRAP) in the country.
According to the definition stipulated under section 101 (a) (42) of the Immigration and
Nationality Act (INA), any person who is unwilling or unable to return to his/her home country
for fear of persecution on the grounds of race, membership in any specific social group, religion,
origin or national. The Department of Homeland Security has the authority to decide whether a
person seeking for protection as a refugee can be granted the status of a refugee in the country.
Under the US Law, a refugee must have a fear of persecution on five essential grounds: political
opinion, religions, nationality, race and membership in any particular group. However, this is the
eligibility criteria for people who seek for refugee status outside or before entering into the
country. People who seek admission after entering into the country without any status or with a

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different status shall be treated as an asylee and not a refugee. Further, a refugee must be
considered as admissible to the US and not be firmly resettled in a third country.
Every year, the US resettles a restricted number of refugees who are selected to be
eligible for a USCIS interview for resettling in the US. The refugees may become eligible for a
USCIS interview if the US Embassy or UNHCR or any non-governmental organization refers
such refugees to the country for resettlement (Roberts, 2015). The refugees must be outside their
home countries to become eligible for the US Refugee Program. An applicant may become
disqualified on the grounds of health, criminal conduct, criminal conviction record, or any other
security-related grounds. However, ineligibility for the US Refugee Program does not
necessarily prohibit the persons seeking protection from becoming eligible to resettlement in
other countries or from the protection extended by the UNHCR.
Refugees are subjected to the highest level of security process in the United States of
America. Once the refugee applications are granted, the refugees and their family undergo
medical examination for the identification of any form diseases that may affect public health.
The refugees are prohibited from travelling across the country unless they have undertaken the
medical exam and have cleared those (Roberts, 2015). The State Department works with nine
domestic non-profitable organizations for the purpose resettling the refugees. The USRAP has no
requirements for the refugees to have any specific educational background or competency in
English language. The program merely focuses on providing long lasting solutions to meet the
most vulnerable refugees.
While Canada and USA both are considered as top immigrant-inflow lists in either per-
capita or absolute terms. Unlike several countries, these two bordering countries do not require

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citizens to carry official photo identification, which makes the loves of the undocumented
immigrants easier apart from the liberal immigration policies of both the counties. However,
Canada is laze around in the public lime light; USA on the other hand, is not as popular as
Canada in terms of immigration.
The immigration policies of the United States have been subjected to several
controversies and fright due to threats pertaining to religious rights, linguistic sovereignty and
legal hindrances to family unity. However, the country should be appreciated where it deserves.
It is equally immigrant-friendly as Canada (Weissbrodt, Danielson & Myers, 2017). Amidst the
zero-game of immigration, where immigration becomes equal to global emigration, the United
States welcomes more immigrants than any other countries. The key differences between the two
countries with respect to their individual immigration laws and policies are explained as below.
Firstly, America permits immigrants to enter into the country based on the reunification
of family while the Canadian government gives more emphasis on economic based immigration
applications, such as investor applications or skilled worker applications, etc. Secondly, the US
has an additional visa lottery program unlike the Canadian government. The significance of the
lottery program lies in the fact that it does not provide preference based on educational or
economic qualifications.
Canadian government has been praised for welcoming immigrants who were banned
from entering into the United States. Canada claims that it would accept immigrants irrespective
of their faith or religion. However, the country does not accept immigrant with a disability and
are not permitted to enter into the country on the ground that the medical care of the person shall

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exhaust or deplete the national resources of the country. There is a difference between the
opinion of both the countries with respect to immigration (Roberts, 2015).
Thirdly, in the opinion of Roberts (2015), Canadians believe in the positive economic
benefits of immigration to the extent that towns that are under economic duress are more
interested in promoting immigration as they believe that immigrations shall create jobs. Fourthly,
Canada emphasizes on multiculturalism unlike the United States, which marks the normative
distinction between the two countries. However, in the United States, immigration is not
promoted on the ground that it adds social framework to the country. In regards to the normative
argument, it has a humanitarian aspect, which signifies that America considers identity as a right
and not as a value.
Fifthly, the United States should be more liberal in accepting high-skilled immigrants like
Canada where majority of the immigrants to Canada are authorized under a ‘points’ system that
is determined based on their employment potential and credentials. Majority of the Canadian
immigrants have bachelor degrees and might have a higher unemployment rate than the natives
of the country.
Lastly, Steil (2014) states that while the United States provide benefits by accepting
undocumented immigrants, it acquires an immigrant labor force without making any
arrangements for accommodating the populace. Unlike the Canadian government, it can be
considered as the quality of the United States ability to encourage integration by providing
language training or promoting any other settlement programs.
Immigration is an intricate process and is geopolitical, discretionary and emotional in
practice. However, when comparison is made between Canada and the United States with respect

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to the preaching or teachings provided to immigrants, the preaching to immigrants in the United
States is advanced and better than those provided to the immigrants in Canada.
Both the USA and Canada have been found on immigration as a result of which the
values, social fabric and virtues of both the nations have been weaving persistent flow of
immigrants (Steil & Vasi, 2014). Hence, immigrating to either of these countries is appropriate
as these countries have a long history of eventually accepting immigrants. On the other hand, it is
not as if every immigrant have been received smoothly in these nations. As the nations have a
long history of immigration, they have an equally long history of often being less than receptive
towards immigrants when they initially arrive in both the nations either on grounds of faith
(USA) or on grounds of disability (Canada).
Further, another advantage of immigration in either of the nations is economic
opportunity. As discussed above, majority of the immigrants in Canada are educated and have
greater employment rate as compared to the native born. Such immigrants may assist the host
country in enhancing its economic opportunity and vice versa. However, US and Canada remain
to be two of the most vivacious economies in the world, hence, it must be understood that,
immigration may not always result in an economic opportunity for the country as well as for the
immigrants (Steil & Vasi, 2014).
The government of Canada and the government of the United States have identified the
significance of new approach to migration that considers the global patterns of both regular and
irregular migration and the growing advanced methods of identifying abuse and fraud of their
respective immigration laws. The governments of both the countries have entered into the
agreement with each other for the Sharing of Visa and Immigration Information. The countries

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have considered ensuring safety, security and health of its respective population and promoting
international justice.
The Safe Third Country Agreement between the United States and Canada is part of the
US-Canada Smart Border Action Plan, which was signed on December 5, 2002 and was
enforced on December 29, 2004. The agreement enables the government of both the countries to
manage the access to the refugee system of the respective countries for those people who crosses
the US-Canada land border. This Agreement requires the refugee claimants to seek refugee
protection in the first safe country in which they arrive, unless such refugees fall into an
exception to the Agreement. The agreements between these two countries aim at establishing a
method to exchange information in such a manner that respects civil liberties, privacy and the
human rights and to be committed to improving their respective shared vision.

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Bibliography
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Development Review, 39(3), 487-508.
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Sociology, 119(4), 1104-1155.

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