On Refugee Rights Day, and every other day, the HIV Legal Network calls for the immediate suspension of the
Safe Third Country Agreement (STCA) between Canada and the United States.
The STCA is a bilateral agreement that requires most refugee claimants to request asylum in the first “safe” country they arrive in. Under this agreement, individuals who arrive at a Canadian land border from the US are typically not allowed to make their refugee claim in Canada and are turned back to the US—on the presumption that they should seek protection in the US.
For decades, Canadian and American rights advocates and researchers have documented the harms caused by the STCA and the fundamental gaps in US refugee protection. These concerns have only intensified under the Trump administration, as his policies further undermine access to protection for refugees—especially for those fleeing gender-based violence, persecution based on sexual orientation or gender identity, or criminalization related to HIV status, drug use, or sex work.
People living with HIV and other marginalized groups face documented risks in U.S. immigration detention, including inadequate medical care, barriers to antiretroviral treatment, and disproportionate detention and abuse of racialized and LGBTQ+ claimants. Denying these individuals access to Canada’s refugee system—on the grounds that the US is a “safe” country—is indefensible.
To call the US a safe country for all refugees—despite well-established evidence to the contrary—is an insult to those fleeing persecution. Canada cannot continue to rely on this agreement while lives are being put at risk.
On this Refugee Rights Day, we urge the Government of Canada to suspend the STCA without delay. Refugee protection must not depend on someone’s route to Canada—it must be grounded in our legal obligations and a shared commitment to human dignity.
We stand in solidarity with advocates calling for an end to the STCA:
- Canadian Council for Refugees (CCR), Canada must withdraw from the Safe Third Country Agreement, February 2025: https://ccrweb.ca/en/ccr-joint-statement-canadas-need-withdraw-stca
- Canadian Civil Liberties Association (CCLA), Civil society groups call for immediate suspension of STCA, February 2025: https://ccla.org/equality/lgbtq2s/civil-society-groups-call-for-immediate-suspension-of-safe-third-country-agreement-with-united-states-of-america
- Amnesty International Canada, Canada must withdraw from Safe Third Country Agreement, February 2025: https://amnesty.ca/human-rights-news/canada-must-withdraw-from-safe-third-country-agreement
Immigration Detention
Everyone—regardless of immigration status—has the right to the highest attainable standard of health. Yet in
Canada’s immigration detention system, this right is routinely denied. People are held in indefinite, punitive conditions without independent oversight, and often with barriers to access HIV treatment, harm reduction, and other healthcare. Health data is poorly tracked, and the needs of people who use drugs or live with HIV or hepatitis C (HCV) are frequently ignored—leading to preventable harm.
In our recent report, Healthcare and Harm Reduction in Immigration Detention (part of our Hard Time Persists series), we document these ongoing failures, again calling for an end to immigration detention.
Promisingly, in its 2025 review of Canada, the UN Committee on the Rights of Persons with Disabilities echoed our concerns, urging an end to immigration detention and the expansion of community-based alternatives that provide housing, healthcare, and social supports. The Committee also called for the repeal of section 38(1)(c) of the Immigration and Refugee Protection Act, which continues to exclude people—including those living with HIV—based on discriminatory health-related grounds. The Committee also recommended that Canada:
- Repeal laws allowing involuntary detention and treatment for mental health or substance use;
- Invest in voluntary, peer-led, culturally appropriate supports, including harm reduction and safe supply programs;
- Tackle the over-incarceration of people with disabilities, and ensure access to health services in prisons.
We urge Canada to act. Immigration detention is a public health failure and a human rights violation. It’s time to end it now.
Know Your Rights
Refugees, people with precarious status, and undocumented individuals often face barriers when seeking
healthcare in Canada. To support them—and the advocates and service providers who work alongside them—we’ve created Know Your Rights: Accessing Healthcare Without Permanent Residence or Citizenship in Canada.
This guide offers information on navigating Canada’s healthcare system, including eligibility for publicly funded services, provincial and territorial differences, and how immigration status may be impacted when accessing care.
Everyone deserves care, every day.