In recent weeks, the Canada Border Services Agency (CBSA) has significantly increased enforcement actions across the country, targeting individuals engaged in illegal employment. These raids and spot checks have taken place in various provinces, including Alberta, British Columbia, and Nova Scotia, as part of an effort to ensure compliance with the Immigration and Refugee Protection Act (IRPA).
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The CBSA’s focus has shifted toward identifying and removing individuals working without proper authorization, marking a change from the more lenient approach previously associated with the agency. This article delves into the recent CBSA enforcement activities, the legal implications of working without authorization, and the potential consequences for undocumented workers.
CBSA Spot Checks and Raids: What’s Happening?
The CBSA has ramped up its efforts based on tips, intelligence reports, and community surveillance to track down those engaging in unauthorized employment. This new wave of enforcement activity has led to numerous high-profile incidents across the country, particularly in industries that rely heavily on manual labor, such as construction and trucking.
Notable Raids Across Canada:
- Construction Workers in Alberta: In a widely reported incident, a van carrying construction workers was intercepted during a spot check. According to prominent immigration lawyer Raj Sharma, the workers, easily identified by their paint-stained hands and uniforms, were found to be employed without proper work permits.
- Truck Drivers Without Permits: Another concerning trend involves international visitors who obtain truck driving licenses and work illegally while on visitor visas. This illegal employment has been detected in several provinces, particularly British Columbia.
Legal Risks of Working Illegally in Canada
Engaging in unauthorized work can lead to serious legal consequences in Canada. The CBSA is empowered to enforce immigration laws, and individuals caught working without proper permits face a range of penalties, including removal orders and deportation.
Here are the key risks undocumented workers face:
1. Section 44 Report and Removal Orders
When CBSA officers identify individuals working illegally, they may issue a Section 44 report. This report details the violation and can lead to the issuance of a removal order, which mandates that the individual must leave Canada.
2. Removal Orders
If a removal order is issued, the individual must leave the country within 30 days. Failing to comply can escalate the situation to a deportation order, which results in more severe consequences, including a permanent ban on returning to Canada.
3. Exclusion Orders
In some cases, undocumented workers may receive an exclusion order. This prohibits re-entry into Canada for 12 months and is issued for lesser violations, though non-compliance with this order can still lead to deportation.
4. Deportation and Permanent Bans
A deportation order is the most serious penalty, leading to a permanent ban from Canada. Re-entry after a deportation order requires special authorization, which can be difficult to obtain.
5. No Refugee Claims After Removal Orders
Many individuals facing removal orders attempt to file refugee claims to avoid deportation. However, under Canadian law, once a removal order is issued, a refugee claim is not permitted. This significantly complicates the individual’s immigration status and may affect future visa applications.
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The Scope of the Problem: Temporary Residents and Overstays
Canada has seen a significant rise in temporary visa holders overstaying their permitted stay, contributing to the growing number of undocumented workers. Estimates suggest that between 500,000 and 1 million undocumented workers are currently in Canada. These individuals often include:
- Temporary foreign workers whose permits have expired.
- International students who have completed their studies but continue working without authorization.
- Visitors who have overstayed their visas and taken up employment.
What Undocumented Workers Should Do
If you are working illegally in Canada or have overstayed your visa, it’s important to understand your options. Consulting with an immigration lawyer is highly recommended to avoid facing deportation or a permanent ban from Canada. In some cases, individuals may be eligible for humanitarian and compassionate grounds or other forms of relief.
The CBSA’s increased enforcement in 2024 signals a shift toward stricter compliance with immigration laws, targeting undocumented workers across Canada. The legal consequences of working without authorization are severe, ranging from removal orders to deportation and permanent bans. Individuals in these situations should act quickly to address their legal status and avoid long-term repercussions.
For those working without authorization, it’s crucial to seek legal advice immediately and explore any available options to regularize their status in Canada.
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