Legal Disclaimer
This site provides general legal information. This information can help you understand the law and processes that apply at the border, your rights and responsibilities and when and where you can get help.
This website does not provide legal advice about your specific situation. This information does not tell you what will happen to you at the border or what decision you should make.
The law that applies to people arriving at the Canada-United States border is complex and every person’s individual situation is different. We encourage you to get legal advice. Learn about the legal services that our clinic provides to see if we can help you.
Common Questions
You may be detained by U.S. immigration authorities if you are returned from the Canadian border. Whether you are detained depends on your individual circumstances, current U.S. practices and your U.S. immigration status.
Because there is a risk of detention, it is important to be informed and get legal advice before you approach the Canadian border.
If you are detained in the U.S., try to get legal help as soon as possible. See this directory of low-cost legal services by state and detention facility.
If you are detained in the U.S., you can contact the United Nations High Commissioner for Refugees (UNHCR) detention hotline by dialing 566# from inside a detention facility. The hotline is available on Mondays, Wednesdays, and Fridays from 2:00 p.m. to 5:00 p.m. Eastern Time.
You can use the ICE detainee locator to search for your family member. It may take a few days for the system to update when someone is newly detained or transferred to a different detention facility.
Our clinic does not provide legal services to people in immigration detention. See this directory of low-cost legal services organized by state and detention facility.
If your family member is detained in the U.S., they can contact the United Nations High Commissioner for Refugees (UNHCR) detention hotline by dialing 566# from inside a detention facility. The hotline is available on Mondays, Wednesdays, and Fridays from 2:00 p.m. to 5:00 p.m. Eastern Time.
The Canada Border Services Agency (CBSA) will give you a document that explains that you have 15 days to ask the Federal Court of Canada to review the decision. This process is called an application for leave and judicial review. It is different from an appeal.
Our clinic does not assist with Federal Court applications within the 15-day deadline. However, we may be able to refer you to a private lawyer who can help you.
You can also ask CBSA to re-open your case and make a new decision. This is called a reconsideration request.
Both applications are complicated and can be hard to win. If you believe CBSA made the wrong decision, we recommend getting legal advice about if you should apply to the Federal Court or ask for reconsideration.
If you do not qualify under the Safe Third Country Agreement (STCA), you will receive a document called an Exclusion Order. This is a type of removal order that allows Canada to return you immediately to the U.S.
The Exclusion Order says that you cannot enter Canada for one year unless you receive written permission from the Canadian government to return sooner. If you can prove that you qualify under the STCA within the one year, you might be able to return to Canada without this permission. We recommend you get legal advice about your situation.
The one-year Exclusion Order does not mean you can automatically return to Canada after one year. If you come back to the border and you still do not qualify for an exception, you will be returned to the U.S. again.
