Haitians eye Canada as U.S. ‘temporary protected status’ ends

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That leaves asylum as one of the main remaining legal paths, Yakzan said, cautioning that it is not a good safety net because it is now tougher to meet U.S. asylum standards. The Trump administration has taken a harder line on gang- and private-actor-based claims.

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Asylum denials have soared, with the government taking a harder line on claims involving gangs and other private actors, and moving more quickly into removal proceedings.

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“They’re denying 99 per cent of cases,” Yakzan said. “They’re not even going to meet you before you get placed in removal proceedings.

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“In the long run, there are people who are SOL … we’re trying to look for other relief, but the problem is most of them came without inspection, and we can’t really do anything for them.”

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Yakzan and Shepelsky stressed that Haitians who have lost TPS status should first speak with a qualified immigration lawyer to assess their options, but they took different views on whether leaving for Canada might be a good option.

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Yakzan says it is better to stay in the U.S.

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“It’s much harder to bring them back than fighting here,” he said.

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But if, after speaking with a lawyer, one’s options are poor, Shepelsky encouraged a look north.

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“Consider Canada. Consider wrapping up your affairs here in America,” she said.

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Holding out for political and policy changes — or a reversal — may not be prudent. Legislatively, the U.S. House of Representatives passed a Haiti TPS extension bill in April, and Senate Democrats introduced companion legislation in June. But the Senate has not yet brought it to a vote — and even if it passed, the White House would likely veto it.

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“In the States, I think people have run out of road at this point,” said Fultz, noting that Haitians, perhaps more than other nationalities, do have options when it comes to living in Canada.

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When asked about realistic Canadian immigration pathways for Haitian TPS holders, she said there are several.

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“Honestly, it’s kind of the ultimate silver lining for people who are on TPS and who are Haitian … the door is really wide open for them and any other French speaker.”

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The strongest pathway, she said, is Express Entry, especially the French-language category, but Canada also has newer Francophone-focused routes, such as the Francophone Student Pilot and a Francophone Community Immigration Pilot. She also mentioned health-care pathways, noting that many former TPS holders work in the medical field in the U.S.

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These economic immigration programs can be applied for from anywhere in the world, but they can take months, if not years, for invitations and processing. Jean-Baptiste said it’s likely too late now for the former TPS holders to apply to such programs, but Fultz said Haitians in fear of being sent back to Haiti could look into options for visa-free travel in the meantime (Haitians can travel visa-free to a limited number of countries). Many, however, have lost their jobs in the U.S. as a result of their status change and may not have the funds for extended visa-free travel.

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Being desperate to avoid deportation can prompt migrants to act quickly, and Jean-Baptiste said he has already seen some with family members coming to Canada to claim asylum. But heading to the border comes with risks.

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First, many Haitians coming from the U.S. may be ineligible to claim asylum at the Canadian border because of the Safe Third Country Agreement (STCA), and they could be turned back to the U.S. the same day, where they risk being detained — and potentially deported.

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Haitians who qualify for an exception to the Canada-U.S. Safe Third Country Agreement — including those with a qualifying family member in Canada — may be able to make a refugee claim at a Canadian port of entry, but proving the family link can be difficult.