Exclusive: Biden's northern border deal with Trudeau has major loophole, memo shows

President Joe Biden’s latest northern border deal with Canadian Prime Minister Justin Trudeau has a major loophole that allows for some illegal migrants to skirt expulsion, according to an internal Department of Homeland Security (DHS) memo exclusively obtained by the Daily Caller News Foundation.

Biden and Trudeau announced a new “Safe Third Country” agreement March 24 that would force authorities on both sides of the northern border to return migrants who cross illegally to make their asylum claims in the first country of their arrival. However, the DHS memo instructed federal border authorities to allow illegal migrants that could face expulsion under the new agreement to still have their cases heard by an asylum officer to vet for “credible fear” if one fears persecution or torture, according to the memo.

Credible fear interviews can also be conducted if an individual indicates they intend to apply for asylum, according to U.S. Citizenship and Immigration Services (USCIS).

The DHS memo states that the exemption applies to those claiming asylum or fear. Roughly 60,000 credible fear claims were referred to USCIS in fiscal year 2021, a nearly 100% increase from fiscal year 2020.

“Noncitizens entering or attempting to enter the U.S. from Canada between POEs [Port of Entry] who request asylum or claim a fear of persecution or torture may be processed for expedited removal and referred to an asylum officer for a credible fear interview. Prior to proceeding with the credible fear interview, the asylum officer will conduct a threshold screening to determine whether an exception to the Agreement applies and the noncitizen will be allowed to proceed with the credible fear interview,” the memo stated, adding if the asylum officer doesn’t grant an exception, the individual will be ordered removed to Canada.

If an asylum officer determines an individual has a credible fear, the asylum claim will be adjudicated, and, in some cases, illegal migrants will be released with a future court date, according to USCIS, which granted 68% of credible fear claims referred to the agency in fiscal year 2021.

The northern border has recently seen a spike in illegal immigration, with Swanton sector agents in New York, New Hampshire and Vermont recording an 846% increase in arrests.

“Canada shut down their loophole to allow claiming asylum, meanwhile, we’re still open for business. We’re still open under this shell game allowing them to still claim credible fear,” National Border Patrol Council President for the Swanton sector Sean Walsh told the DCNF.

DHS didn’t respond to a request for comment.

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