Many media outlets labeled these unofficial crossing points as "loopholes," using this narrative to push for stricter border closures. In reality, these routes were never loopholes—they were lifelines. For those with no other option, dangerous crossings like Roxham Road represented a path to safety and hope. These unofficial crossings existed because of Canada’s legal duty to uphold international obligations and provide asylum seekers with a chance at protection.Both the 1951 Refugee Convention and the Geneva Conventions establish legal obligations for signatory states to provide accessible avenues for asylum seekers to claim protection. This means that policies which allow irregular claims regardless of the STCA are necessary to ensure compliance with international law and protect refugees from refoulement. It also means that the rules laid out in the STCA must be mindful of international obligations.The obligations layed out in the Refugee Convention differ immesely from those in the STCA. The Convention does not recognize the idea of a “safe third country” and therefore the prohibits the penalization of asylum seekers for irregular entry so long as they have a well founded claim. The STCA, in many ways, disregards this, requiring unofficial crossings in order to comply with the Refugee Convention. Article 45 of the Geneva Convention prohibits transfering individuals to countries that could pose a danger to them (persecution, harm, etc). The US and Canada have vastly different policies regarding asylum seeking. As a result, there are a number of cases that would be accepted in Canada but denied in the US. However, under the STCA a large number of eligible newcomers get turned back to the US where they face guaranteed rejected claims, migrant detention in ICE facilities, and as of late are vulnerable to transfers to Guantanamo Bay. These obligations are why unofficial crossing points like Roxham Road existed.In March 2023, the application of the STCA to the entire border posed a risk to violating the Geneva and Refugee Conventions. The 14 Day Rule was implemented as a means of maintaining an avenue for irregular asylum seeking. The rule is not a fair or equal replacement for Roxham Road and other unofficial crossing points as it offers a more dangerous journey and can force asylum seekers to turn to smugglers for help. The dangers created by the 14 day rule continue once asylum seekers have crossed the border, preventing access to potentially life saving healthcare.When unofficial crossings were closed in March 2023, Canada committed to resettling 15,000 Colombian, Venezuelan, and Haitian nationals in the western hemisphere in efforts to mitigate the fallout caused by the policy change. This was facilitated through Safe Mobility Offices (SMOs), facilitated by the US. SMOs are online offices which allow individuals from preapproved nationalities to apply to claim refuge. The 15,000 figure was downgraded to 11,000 with the rest being allocated for Temporary Foreign Workers. It is unclear how many of the 11,000 have received positive decisions and arrived in Canada.  The Safe Third Country Agreement is a dangerous and irresponsible agreement which endangers the lives of many marginalized individuals and families fleeing real persecution. It disregards the international agreements which for so long have acted as the moral compass of Canada’s immigration efforts. When we lose our morality we open ourselves up to dangerous and detrimental possibilities.

Canada’s border and asylum policies are headed in a scary direction which has grave implications for our nation’s upholding of international law. Government policies are decorative and ineffective, focusing on deterrent, bandaid solutions instead of adjusting to make our reality work for Canadian society. Asylum seekers will continue to try to get to safety, Canada’s responsibility is to ensure there are safe avenues to claiming asylum.Our current system is extremely dangerous and is arguably responsible for many horrific deaths. Our country should be a symbol of hope and opportunity - not danger and uncertainty. While publicly stating that Canada does not support smuggling of people, we are guilty of encouraging these tactics through our deterrent policies, creating more and more hurdles to accessing safety and penalising those who attempt it.