New Canada-U.S. Border Clinic

VAAP is excited to share the availability of a new legal resource for migrants at the Canada-U.S. border, including here in Vermont.

NEW VT SERVICE PROVIDER

On July 11th, a collaboration between many attorneys, advocates, and community organizations culminated in the launch of the Canada-U.S. Border Rights Clinic. The virtual, pro-bono clinic is hosted by the Ontario-based Compass Refugee Centre and is staffed by leaders throughout Canada, including coordinator Jenn McIntyre and staff lawyer Kristin Marshall. 

The clinic’s work is guided by its mandate to provide legal information and summary legal advice to immigrants seeking protection at the Canada-U.S. border. Crossing this border subjects individuals to a complicated network of policies dictating their eligibility for lawful statuses, particularly asylum. A notable example is the recently expanded Safe Third Country Agreement (STCA) between the U.S. and Canada, which bars most immigrants from seeking asylum in either of the two countries if they entered the other first. This and other policies complicate and limit individuals’ equitable access to status, leading in some cases to detention, separation from family members across the border, or deportation to their country of origin despite fears of persecution there. 

While these issues stem from federal and international policy, they are exacerbated by the lack of accurate and timely information available to migrants approaching the U.S.-Canada border about the implications of crossing and their legal options in each country. By expanding access to this information and helping individuals navigate the relevant legal processes, the Border Rights Clinic hopes to improve migrants’ ability to establish themselves safely and legally in either the U.S. or Canada. 

SERVICES PROVIDED BY THE CLINIC 

Direct Client Help 

While the Border Rights Clinic cannot represent clients (e.g. file documents or speak in court on their behalf), it will advise them on their immigration-related legal options. Clients that the clinic can appropriately support include those who have complicated STCA eligibility or immigration history in both the U.S. and Canada, are planning to cross the U.S.-Canada border, or have received an exclusion order from the Canada Border Services Agency; as well as children in the U.S. hoping to seek asylum in Canada and reunite with family there. The clinic does not advise on U.S. law but can refer clients to legal providers in the U.S. if needed. 

Language-access needs in client conversations will be met with interpretation from on-demand telephonic services or from the clinic’s growing base of volunteer interpreters. 

The clinic serves clients referred from community and legal organizations, as well as individuals who refer themselves. Through their two-way referral system with other legal organizations, the clinic may refer clients to external legal providers with more appropriate expertise for the case. Clinic staff may also refer clients to settlement organizations to fulfill nonlegal needs. 

Education 

In addition to direct client support, the clinic will organize workshops and trainings for legal and social organizations that work with migrants who’ve crossed the Canada-U.S. border, explaining the legal rights and restrictions impacting these individuals under policies like the STCA. They also offer informal consultations with legal providers on clients with border-related issues, and plan to expand their website to include migrant-facing written resources. 
 
HOW TO REACH OUT 

The clinic welcomes referrals from legal and community-based organizations, primarily for clients the clinic can advise but also for those with issues beyond the clinic’s mandate, as the clinic may be able to refer those clients to more appropriate providers. Organizations can refer clients using the clinic’s referral form. 

Migrants seeking support can self-refer to the clinic by email, call, or text using the contact information below. The clinic is developing a contact form to publish on their website as another method for self-referral. 

The clinic is developing a website providing contact information, migrant-facing information, and other written resources. 

Email: info@canadaborderclinic.org 

Phone: +1 289-273-6466 

Toll-free phone: +1 855-621-2060 

Website: https://canadaborderclinic.org/

Thanks to paralegal intern and South Burlington High School student, Julia Todd for her research and reporting.