Family Detained for Weeks After Being Rejected at Canadian Border: Legal Concerns Rise

A Salvadorian family detained for weeks at a U.S. border facility after being rejected by Canadian border authorities is drawing attention to the controversial Safe Third Country Agreement. The Salvadoran family, including a mother and her two young daughters, was sent back to the U.S. despite qualifying for asylum under an exception. Their case raises serious questions about the treatment of asylum seekers and the handling of border procedures by both countries.

A Journey Full of Hope

In March, Aracely and her family crossed the Rainbow Bridge toward Canada, hoping to escape the dangers they faced in the U.S. They carried crucial documents, including birth certificates, to prove their eligibility for refuge in Canada. As they neared the border, they felt hopeful about starting fresh. But their dreams quickly turned into a nightmare.

At the Canadian port of entry, Aracely presented her documents, but Canadian Border Services Agency (CBSA) officials rejected them. They pointed to minor discrepancies in the documents, such as slight differences in names between family members. Despite offering to contact her Canadian brother for verification, the officials refused to change their decision. The family was then sent back to the U.S.

Conditions in U.S. Detention

After Canadian officials turned them away, Aracely and her family were placed in a U.S. border holding cell. They received no fresh air and spent nearly two weeks in a small, windowless room. The days dragged on, filled with difficulty.

They received frozen sandwiches and had limited access to basic facilities. For the first three days, they stayed in a small room with cots and a television. Later, officials moved them to a more confined space with only a half-wall dividing the toilet and sink.

Aracely described how she and her husband would try to stay strong for their daughters. They did not want the kids to see them in despair, though the situation was emotionally draining. During the rare moments they left the cell, Aracely’s youngest daughter would get excited, but the family’s brief walks along the hallways were the only relief from the oppressive confinement.

Legal Efforts and Challenges

The family’s lawyer, Heather Neufeld, filed for a judicial review of the CBSA’s decision, arguing that the rejection was based on minor and common discrepancies in documents from El Salvador. She also pointed out that the CBSA could have easily verified the family’s claim by calling Aracely’s brother, but chose not to.

Neufeld’s efforts are focused on securing a fair review of the family’s case. The judicial review is critical, as the family’s detention status hangs in the balance. Aracely’s husband faces deportation back to El Salvador, while Aracely and their daughters are staying in a shelter in Buffalo, N.Y., waiting for their next hearing.

The Safe Third Country Agreement

Aracely and her family’s case highlights larger questions about the Safe Third Country Agreement between the U.S. and Canada. The agreement requires asylum seekers to apply for protection in the first country they enter. While this policy aims to prevent “asylum shopping,” critics argue that it fails to protect vulnerable migrants, especially as conditions for asylum seekers in the U.S. worsen.

The U.S. has become an increasingly unsafe country for asylum seekers, particularly since the Trump administration’s aggressive immigration policies. Advocates argue that the Safe Third Country Agreement needs reevaluation to reflect the real risks faced by those seeking refuge in the U.S.

Looking Ahead

Aracely’s family remains hopeful, despite their separation and uncertainty. They continue to fight for their right to live in Canada, where they believe they will be safe. Their story has drawn attention to the challenges asylum seekers face at the U.S.-Canada border, raising important questions about fairness, the treatment of families, and the Safe Third Country Agreement.

What do you think about the Safe Third Country Agreement? Should it be reformed to better protect asylum seekers?

More…

• https://www.cbc.ca/news/canada/us-family-cbsa-1.7516978
• https://edition.cnn.com/2025/04/18/us/us-citizen-detained-canada/index.html 
• https://www.overheretoronto.com/british-tourist-detained-in-us-for-19-days-warns-travelers-dont-risk-visiting-the-u-s