Canada Struggles to Deport Over 28000 Missing Foreign Nationals Including Hundreds of Criminals

Canada is grappling with a pressing issue: the inability to locate and deport over 28,000 foreign nationals who have been ordered to leave the country. Among these individuals, 599 have criminal convictions, either in Canada or abroad, raising concerns about public safety and the effectiveness of the nation’s immigration enforcement system.

This challenge has brought to light significant weaknesses in Canada’s immigration and border security framework. The Canada Border Services Agency (CBSA), tasked with enforcing deportation orders, faces numerous obstacles in tracking and removing these individuals. Many of those ordered to leave remain in the country undetected, exploiting gaps in the system to evade authorities.

The problem is not new, but recent data highlights its growing severity. As of early 2024, there are 28,145 active warrants for failed refugee claimants and other foreign nationals facing deportation. Of these, 646 individuals have criminal convictions—410 in Canada and 236 in their home countries. Yet, only 13 of these individuals are currently in detention, while 253 remain wanted for arrest.

The CBSA’s struggles stem from a combination of limited resources, outdated systems, and the sheer volume of cases. The agency operates on a model that relies heavily on voluntary compliance, expecting individuals to leave the country on their own. While this approach works for some, many others ignore the orders, aware that the likelihood of being located is low.

Those who evade deportation often find ways to remain under the radar. Some rely on support from family, friends, or community networks, while others create alternative identities or work in cash-based industries, such as construction or agriculture, where they are harder to trace.

The situation has sparked concerns about public safety and the integrity of Canada’s immigration system. Critics argue that the current approach to enforcement is insufficient, particularly when it comes to individuals with criminal records. However, the CBSA has acknowledged that achieving 100% enforcement is unrealistic, with a current goal of deporting about 80% of foreign fugitives annually.

In response to these challenges, the Canadian government has proposed several measures. These include prioritizing cases involving criminality, improving case-tracking systems, and exploring “incentive programs” to encourage voluntary compliance. Additionally, there are discussions about potential pathways to permanent residency for undocumented workers in certain sectors, such as construction, though this idea remains controversial.

Despite these efforts, systemic and diplomatic barriers persist. Limited resources, outdated technology, and a lack of cooperation from some countries of origin continue to hinder effective enforcement. Many individuals remain in a state of legal limbo, unable to be deported but also not fully integrated into Canadian society.

The issue underscores the complexity of immigration enforcement in a globalized world. As Canada strives to balance public safety with humanitarian concerns, the challenge of managing its deportation system remains a critical and ongoing concern.

Scope and Details of the Problem

According to recent government documents, there are 28,145 active warrants for failed refugee claimants as of early 2024, slightly lower than a previous figure of 29,248. Among these, 410 individuals have been convicted of crimes in Canada and another 236 convicted abroad. Out of the 646 with criminal convictions, only 13 are currently detained by authorities, while 253 are wanted for arrest.

Enforcement Limitations and Systemic Issues

The Canada Border Services Agency (CBSA) is responsible for enforcing these deportation orders but has faced consistent difficulties. The agency operates with limited resources and is stretched thin, creating a backlog of cases. Outdated information systems and an overwhelmed workforce hinder effective follow-up and enforcement. The volume of cases, particularly those involving criminality or failed refugee claims, means the CBSA cannot physically pursue every individual at all times. Diplomatic issues can delay or prevent deportation, as cooperation from the individual’s country of origin is required to accept them and issue travel documents.

Government Response and Proposals

The CBSA and Public Safety ministry have committed to addressing the problem by prioritizing cases involving criminality when reviewing outstanding files. They are also creating better case-tracking and triage systems to ensure the most urgent removals are dealt with first. Implementing a data integrity strategy to quickly identify each case’s status and move them forward efficiently is another key measure. Additionally, the government is considering “incentive programs” to increase voluntary compliance with deportation orders.

The government has also discussed programs that would allow illegal immigrant construction workers to obtain permanent residency, with the potential for future expansion to other sectors. This proposal, while controversial, aims to address the labor shortages in key industries while providing a pathway to legal status for undocumented workers.

Legal and Policy Considerations

Deportation from Canada can result from criminal convictions—whether for serious or certain less-serious offenses—or for national security concerns. Permanent residents are not immune and can lose their status if found inadmissible, with limited courses of appeal in serious cases, especially those involving national security.

Challenges to Solutions

Major obstacles that undermine enforcement include limited capacity for comprehensive follow-up due to resource constraints. The difficulty of finding individuals who go underground or withhold cooperation further complicates efforts. Additionally, a lack of collaboration from certain countries in accepting deportees or issuing travel documents leaves some people in legal and bureaucratic limbo.

Summary

Canada’s inability to locate and remove over 28,000 people with active deportation orders—hundreds of whom have criminal convictions—underscores significant challenges in resources, enforcement mechanisms, and international cooperation. The government is taking steps to prioritize the most concerning cases and is exploring both new incentives for voluntary departures and possible reforms to allow certain undocumented workers to gain legal status. However, systemic and diplomatic barriers continue to hamper effective solutions to this ongoing issue.

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