A man from Pakistan was deported from the United States shortly after Canadian border services agreed to review his case, but the decision was only communicated to his lawyer five days after, rendering it ineffective. Abdul Raqeeb spent over two months in a detention center run by Immigration and Customs Enforcement (ICE) in New York. The family’s plight was initially brought to light by CBC News in early September while Abdul was still in detention, with his wife Saba and their two-and-a-half-year-old son Shahzain residing in a migrant shelter in Buffalo.
Jared Will, an immigration lawyer based in Toronto, took on the Raqeeb family’s case following the news report. He urgently requested the Canada Border Services Agency (CBSA) to reconsider allowing Raqeeb to enter Canada at a land border before his deportation from the U.S. Saba and her child continued to stay in Buffalo awaiting developments.
CBSA responded via email on September 23, agreeing to reassess the case if Raqeeb could present himself in person at a Canadian land port of entry with a scheduled appointment. However, the decision in the email was dated September 18, the same day Raqeeb was deported, and only reached Will five days later. This situation is part of a trend where individuals are being denied entry into Canada despite meeting eligibility criteria due to what appears to be overly strict standards applied by CBSA.
Raqeeb, aged 46, had moved from Pakistan to the U.S. in January with his family on a business and tourism visa. They decided to leave the U.S. and seek asylum in Canada after facing threats due to Abdul’s assistance to a stranger fleeing violence in Islamabad. Their attempt to enter Canada on July 13 at the Peace Bridge port of entry was unsuccessful, as Canadian border agents requested further documentation to prove their relation to Raqeeb’s uncle. Subsequently, the family was detained by U.S. Customs and Border Patrol, with Raqeeb eventually being transferred to an ICE detention center in Batavia, N.Y.
Following health issues and poor conditions in detention, Raqeeb opted for voluntary deportation in August. Despite facing challenges in returning to Pakistan, he eventually reached Islamabad on September 21. The request from CBSA for him to appear at a Canadian land border through the U.S. post-deportation left Saba questioning the situation.
Will is exploring limited legal options for Raqeeb to enter Canada, including potential interventions by Immigration Minister Lena Diab, although such exceptions are uncommon. The lawyer questions the delay in CBSA’s decision communication, deeming it now ineffective. He highlights a shift in CBSA’s approach since the Trump administration, leading to a stricter stance on entry denials and detentions.
CBSA’s data indicates an increase in the proportion of individuals being turned away at land border crossings compared to the previous year, despite processing fewer asylum claims. The agency had committed to removing an additional 4,000 individuals from the country by 2027.
The family’s case sheds light on the challenges faced by asylum seekers seeking refuge in Canada and the complexities of immigration policies affecting individuals in vulnerable situations.
