{"id":577,"date":"2026-06-21T15:06:12","date_gmt":"2026-06-21T15:06:12","guid":{"rendered":"https:\/\/smartmovinghome.com\/?p=577"},"modified":"2026-06-21T15:06:12","modified_gmt":"2026-06-21T15:06:12","slug":"she-fled-from-a-mexican-cartel-a-new-canadian-law-may-block-her-path-to-safety","status":"publish","type":"post","link":"https:\/\/smartmovinghome.com\/?p=577","title":{"rendered":"She Fled From a Mexican Cartel. A New Canadian Law May Block Her Path to Safety."},"content":{"rendered":"
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Read more A New Practice Puts Hundreds of Immigrants Before Judges at Very Short Notice<\/a><\/p>\n<\/div>\n<\/div>\n

Toronto, Canada \u2014 Ale saw Canada as a lifeline. Members of a drug cartel in her home country of Mexico had her in their sights, and over the course of three years, the 32-year-old had been beaten, raped, kidnapped, and extorted for thousands of dollars.<\/p>\n

The cartel members had threatened her and her parents, and they killed her dog.<\/p>\n

Yet despite pleading with local police for help, Ale \u2014 who asked to only be identified by a first name due to a fear of reprisals \u2014 said no action was taken. She was on her own.<\/p>\n

\u201cIt was a very hard situation for me because nobody can help me,\u201d she recalled. \u201cNobody.\u201d<\/p>\n

So when she had saved up enough money to fly to Canada in March, Ale said she hoped to rebuild her life far from the violence that had plagued her.<\/p>\n

But a new Canadian law, which restricts access to the country\u2019s asylum system and has been denounced by dozens of civil society groups as an affront to the rights of migrants and refugees, has put those dreams at risk.<\/p>\n

\u201cI thought I would be able to be safe here,\u201d Ale told Truthout<\/em> in an interview in Toronto, Canada\u2019s largest city. \u201cBut with all these things that are happening now, I\u2019m so confused about my future.\u201d<\/p>\n

What Is Bill C-12?<\/h2>\n

The Canadian government passed the new law \u2014 the Strengthening Canada\u2019s Immigration System and Borders Act, more commonly known as Bill C-12 \u2014 in late March.<\/p>\n

Officials said the legislation would help reduce pressure on a backlogged immigration system and deter people from making unfounded asylum claims in an attempt to stay in Canada after the closure of other immigration pathways.<\/p>\n

Bill C-12 came amid years of growing anti-immigrant views and rhetoric in Canada, fueled in large part by right-wing politicians and groups under the shadow of deepening socioeconomic issues.<\/p>\n

Newcomers have been blamed for a slew of social problems, from a lack of affordable housing to long hospital wait times. And in 2024, for the first time in over two decades, that a majority of Canadians said there was \u201ctoo much\u201d immigration.<\/p>\n

The shift has mirrored similar anti-migrant and anti-refugee trends happening south of the border in the United States and in other countries as global displacement has soared in recent years.<\/p>\n

As U.S. President Donald Trump prepared to launch a wide-reaching crackdown on migrants and refugees after winning the 2024 election, Canada also moved to tighten its immigration system following a rapid influx of newcomers during the COVID-19 pandemic.<\/p>\n

The curbs began under former Prime Minister Justin Trudeau, who, as he fought to save his political career ahead of a 2025 vote, tapped into growing public discontent over immigration to announce cuts to major programs.<\/p>\n

The restrictions have continued \u2014 and gone even further \u2014 since Trudeau\u2019s successor, Mark Carney, took office in April 2025. Carney has maintained sweeping cuts to international student visas, strengthened policing at the Canada-U.S. border, and slashed a health care program for refugees.<\/p>\n

The central banker-turned-prime minister also is overseeing wide-reaching budget cuts across the government, including the immigration department.<\/p>\n

\u201cWe made a commitment to Canadians to strengthen our borders and restore control to immigration \u2014 and we\u2019re delivering,\u201d Lena Diab, Canada\u2019s immigration minister, said in a social media post on March 26 hailing Bill C-12.<\/p>\n

\u201cThese measures will better protect the integrity of our asylum system, support responsible migration, and crack down on transnational crime. This is how we keep communities safe and restore balance and confidence in our system.\u201d<\/p>\n

\u201cOne-Year Bar\u201d<\/h2>\n

But a coalition of human rights and civil society groups had spent weeks lobbying against Bill C-12, which they denounced as a possible breach of Canada\u2019s own constitution, the Canadian Charter of Rights and Freedoms.<\/p>\n

Several elements of the legislation have drawn concern, including a new rule that bars some asylum seekers from getting a full, oral hearing at the Immigration and Refugee Board of Canada (IRB), the independent tribunal that adjudicates refugee claims.<\/p>\n

The so-called \u201cone-year bar\u201d applies to refugee claimants who put their applications in more than one year after they first stepped foot on Canadian soil for the first time.<\/p>\n

Instead of getting to make their case at the IRB, those affected claimants will now get what\u2019s called a pre-removal risk assessment \u2014 a written process that critics say offers fewer protections and is \u201cwholly inadequate.\u201d<\/p>\n

\u201cIt\u2019s very difficult for refugee claimants to make their case in writing,\u201d explained Sharry Aiken, a law professor at Queen\u2019s University in the province of Ontario. Legal know-how is necessary, she said, and applicants typically have a tighter timeline to complete a pre-removal risk assessment application. \u201cIf they don\u2019t have [legal] counsel, it\u2019s very, very difficult.\u201d<\/p>\n

The \u201cone-year bar\u201d mirrors a similar rule in the U.S. that has drawn years of criticism from rights groups and immigration experts, who have described it as \u201cinefficient, counterproductive, inhumane, and unlawful.\u201d<\/p>\n

But Aiken said Canada\u2019s restriction goes even further than what\u2019s on the books in the U.S. because the Canadian law is \u201cboth retroactive and retrospective.\u201d<\/p>\n

\u201cIf someone visited Canada as a toddler with their parents to go look at Niagara Falls and then left and then came back years later to claim refugee status, this \u2018one-year bar\u2019 applies to them. In other words, the clock starts ticking from their first visit in Canada, regardless of the reason for that visit,\u201d she said.<\/p>\n

\u201cThe very measure that has been subject to extensive criticism in the United States, Canadian policy makers have copied and rendered even more problematic,\u201d Aiken added.<\/p>\n

Ale is among thousands of refugee claimants whose cases are expected to be affected by the new rule.<\/p>\n

Read more Keir Starmer Expected to Announce His Resignation as UK Prime Minister<\/a><\/p>\n

Specifically, Canada\u2019s \u201cone-year bar\u201d applies retroactively to June 24, 2020, and to claims made after early June 2025.<\/p>\n

Ale first came to Canada for a vacation in 2023, spending one week in the country before going back home to Mexico. Under Bill C-12, that means her one-year window to apply for asylum in the country began at that time.<\/p>\n

\u201cThey say, why [didn\u2019t you] apply for refugee protection in 2023? Because [the cartel members] came and they raped me later, not in 2023,\u201d she said in an interview at FCJ Refugee Centre, a group that supports refugees and asylum seekers in Toronto.<\/p>\n

\u201cWhen I came here [the first time], I was just on vacation. How would I think to apply for refugee protection in that moment? It makes no sense,\u201d she said.<\/p>\n

\u201cBound to Fail\u201d<\/h2>\n

Experts also say there are many valid reasons to explain why it may take longer than 12 months for asylum seekers who are already in Canada to apply for protection.<\/p>\n

Circumstances may have changed in their home countries between the time they arrived and when they claimed protection, such as the outbreak of war or armed conflict. They also may have health issues, including trauma, that makes it impossible to apply within 12 months of arrival.<\/p>\n

Rights advocates also have warned that LGBTQ+ refugee claimants who have faced persecution in their home countries often take longer than one year to put in a claim, making them especially vulnerable under the new legislation.<\/p>\n

\u201cIn Bill C-12, what the government is doing is making everybody automatically ineligible for a hearing if they\u2019ve delayed, and it doesn\u2019t matter what their reason is,\u201d Aiken said. \u201cYou\u2019ve been here 12 months, so you go to a pre-removal risk assessment: You do not have an oral hearing, you are subject to a process that is exclusively in writing, and without counsel, you\u2019re bound to fail.\u201d<\/p>\n

Aiken also disputed the idea that Bill C-12 would help address delays in Canada\u2019s backlogged immigration system. At the end of last year, nearly 300,000 refugee claims were pending at the IRB, prompting long waits.<\/p>\n

\u201cPeople with genuine [refugee] claims, they\u2019re not going to give up without a fight. So, all this measure actually succeeds in doing is precluding a sort of speedy, swift, fair, timely decision on the front end and shifting it to the back end,\u201d she said.<\/p>\n

For example, people whose claims are refused during their pre-removal risk assessment and who have access to lawyers will ask for judicial review, Aiken explained. \u201cSo, what we\u2019re going to see is more backlog at the federal court.\u201d<\/p>\n

Government Defends Legislation<\/h2>\n

Asked about criticism of the legislation, a spokesperson for Immigration, Refugees and Citizenship Canada \u2014 the federal immigration department \u2014 said \u201csafeguards remain firmly in place\u201d under Bill C-12.<\/p>\n

\u201cIn most cases, individuals whose claims are not referred to the Immigration and Refugee Board of Canada continue to have access to a pre-removal risk assessment,\u201d the spokesperson said in an emailed statement. \u201cThis process ensures that no one is removed to a country where they would face risks such as persecution, torture, or risk to life. Courts have consistently upheld the process as fair and legally sound.\u201d<\/p>\n

The immigration ministry has sent out thousands of letters telling refugee claimants they may be ineligible for protection under the new law and could face removal from Canada, according to Canadian media reports.<\/p>\n

Truthout<\/em> spoke to several human rights advocates who said the so-called \u201cprocedural fairness letters\u201d have sparked widespread confusion, with many recipients erroneously believing the letters mean they must leave the country immediately.<\/p>\n

CBC News<\/em> reported that one letter that has been sent out told people that their refugee protection claims were not eligible to be heard by the IRB. It said they may be eligible to apply for a pre-removal risk assessment, but at the same time warned that, \u201cYou must leave Canada as soon as possible and confirm your departure with the Canada Border Services Agency.\u201d<\/p>\n

\u201cIf you do not leave Canada, a deportation order may be issued against you,\u201d it read.<\/p>\n

The spokesperson for Immigration, Refugees and Citizenship Canada said about 32,000 claims could potentially be impacted under Bill C-12, according to preliminary figures from the end of March.<\/p>\n

\u201c[The letters] are not deportation notices and do not mean someone will be immediately removed from Canada. They are a standard administrative tool used to request additional information before a decision is made,\u201d they said, adding that Ottawa has been \u201ctransparent\u201d about the measures in place.<\/p>\n

\u201cWe will continue to be transparent at every stage of implementation.\u201d<\/p>\n

Fear and Confusion Reign<\/h2>\n

But refugee lawyers and advocates say Bill C-12 continues to raise serious questions while fueling a wave of fear among vulnerable refugees and asylum seekers.<\/p>\n

At Toronto\u2019s FCJ Refugee Centre, posters have been affixed to a door leading to the reception desk, letting people know that getting a letter \u201cdoes not mean automatic deportation.\u201d<\/p>\n

\u201cWe have people who are scared to death,\u201d said Diana Gallego, the organization\u2019s co-executive director.<\/p>\n

\u201cPeople were coming: Single moms with domestic violence cases, many people from the LGBTQ community,\u201d she told Truthout<\/em>.<\/p>\n

\u201cI had a client crying on Monday, saying, \u2018I haven\u2019t eaten and slept for three days because I got this letter on Friday saying they are going to deport me. What am I going to do?\u2019\u201d<\/p>\n

Yet despite the uncertainty, Ale \u2014 the asylum seeker from Mexico \u2014 said she hasn\u2019t lost hope of building a new life in Canada.<\/p>\n

\u201cIt\u2019s so terrible to face a situation like this and not have any options or feel that you don\u2019t have the right to be protected,\u201d she said.<\/p>\n

\u201cI\u2019m hoping that in the future the government will be fair \u2026 and the law won\u2019t affect the people who really need to be protected.\u201d<\/p>\n

Read more Meteorologists Warn That This Could Be the Strongest El Ni\u00f1o This Century<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Asylum seekers and rights advocates say Canada\u2019s Bill C-12 is fueling widespread fear and misinformation.<\/p>\n","protected":false},"author":1,"featured_media":576,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-577","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-immigration"],"yoast_head":"\nShe Fled From a Mexican Cartel. A New Canadian Law May Block Her Path to Safety. - Smart Moving Home<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/smartmovinghome.com\/?p=577\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"She Fled From a Mexican Cartel. 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