Biden’s Northern Border Deal With Trudeau Has Major Loophole, Memo Shows


According to an internal memo from the Department of Homeland Security (DHS), obtained exclusively by the Daily Caller News Foundation, President Joe Biden’s new northern border agreement with Canadian Prime Minister Justin Trudeau contains a significant loophole that allows some illegal migrants to avoid expulsion.

Trudeau and Biden announced March 24 a new “Safe Third Country” agreement. This would require authorities on both sides to the northern border to allow illegal migrants to be returned to their home country to file asylum claims. According to the memo, DHS instructed federal border authorities that illegal migrants who could be expelled under the new agreement would still be heard by an asylum officer for “credible fear”. This is if they fear persecution or torture.

According to U.S.CIS, credible fear interviews may also be conducted if a person indicates that they plan to apply for asylum. Citizenship and Immigration Services (USCIS).

According to the DHS memo, those who are claiming asylum or fear can be exempted from the exemption. USCIS received approximately 60,000 credible fear claims in fiscal 2021, nearly a 100% increase over fiscal 2020.

Noncitizens who are attempting or entering the U.S.A. from Canada between POEs [Port of Entry] may be processed for expedited removal. They will then be referred to an assailant for a credible fear interview. The asylum officer will conduct a threshold screen to determine if an exception to the Agreement applies before the credible fear interview. If not, the memo states that the asylum officer will order the person to be removed to Canada.

An asylum officer will determine if an individual has credible fear. In some cases, an asylum claim will be heard and illegal migrants may be released. According to USCIS, 68% of credible fear claims were granted by the agency in fiscal 2021.

Recent spikes in illegal immigration have been seen at the northern border. Swanton sector agents in New York and New Hampshire recorded an 8466% increase in arrests.

“Canada closed their loophole to allow asylum claims, but we are still open for business. “We’re still open in this shell game allowing the them to still claim credible terror,” National Border Patrol Council President Sean Walsh stated to the DCNF.

DHS did not respond to a request to comment.