Refugee Detained by ICE Claims Mistaken Canada-U.S. Border Crossing

A Bangladeshi refugee applicant currently detained by U.S. Immigration and Customs Enforcement (ICE) has claimed he crossed the border into the U.S. by accident. Mahin Shahriar entered the U.S. on May 12, 2023, after seeking temporary accommodation near Montreal. His situation allegedly arose from a human trafficking attempt.

Incident Overview

Shahriar was directed to his U.S. entry point by a friend who was on the phone with him during his journey. Since the area was rural, he unintentionally crossed the Canada-U.S. border. Once he realized his mistake, he sought assistance from border patrol officers, hoping they would return him to Canada. Instead, he was taken into ICE custody.

Canada’s Refusal

On August 1, an ICE email to Shahriar’s attorney, Washim Ahmed, confirmed that Canada would not accept him back. Despite acknowledging Shahriar may face danger if deported to Bangladesh, ICE has not taken steps to return him to Canada.

• Shahriar’s lawyer stated that he could face detention and torture upon his return to Bangladesh.
• He has charges for helping his mother and sister escape the country.
• Shahriar’s family has been in Canada since fleeing Bangladesh after his parents’ marriage ended.

Legal Complications

Shahriar remains in U.S. detention as ICE lacks his travel documents. His attorney indicated that Shahriar desires to re-enter Canada. ICE reportedly tried to send Shahriar back, but Canada denied his entry.

The Canada Border Services Agency (CBSA) refrains from commenting on individual cases but clarified that foreign nationals must pass through a CBSA examination centre to enter Canada. Importantly, the CBSA follows a case-by-case assessment policy.

Legal Action and Rights

A federal court hearing is being sought by Ahmed to compel the CBSA to accept Shahriar on humanitarian grounds. Ahmed argues that Shahriar was a Canadian resident and has immediate family members residing there legally.

The Safe Third Country Agreement stipulates that a refugee who attempts to claim asylum cannot do so in Canada or the U.S. if they entered the other country first. According to Ahmed, this agreement requires that if someone is detained shortly after entry, they should be returned to their country of origin, which in this instance is Canada.

Current Status and Impact on Family

Shahriar signed immigration documents on September 24, indicating he is not pursuing asylum in the U.S. because his family is already approved for asylum in Canada. He had been working as an Uber driver in Canada to support his mother and sister, whose academic and mental health situations have worsened due to the ongoing legal struggles.

• Shahriar’s mother has been hospitalized multiple times for depression.
• His sister struggles with her education and finances, contemplating whether to stop studying to support the family.

Shahriar’s original refugee application was denied due to an immigration scam, which contributed to his mental health challenges and ultimately his detention in the U.S.