ICE detains refugee who accidentally crossed the Canada-US border
A refugee from Bangladesh, Mahin Shahriar, currently detained by U.S. Immigration and Customs Enforcement (ICE) in Buffalo, New York, has shared that he unintentionally crossed the border into the United States. This incident occurred on May 12, after he fell victim to a suspected human trafficking attempt.
Background of the Incident
Shahriar, who has been living in Canada since 2019, was seeking a brief reprieve from personal struggles. He had a friend offering temporary accommodation near Montreal. However, the guidance he received from this friend led him to a rural area near the Canada-U.S. border.
Upon realizing his mistake, Shahriar approached U.S. border patrol officers in hopes of returning to Canada but was instead taken into custody. Despite ICE acknowledging the potential dangers he could face if deported back to Bangladesh, they have expressed that Canadian authorities will not facilitate his return.
Legal Challenges
Shahriar’s lawyer, Washim Ahmed, has reported that Shahriar is at risk of detention and possible torture upon return to Bangladesh due to his family’s situation. His mother and younger sister, who is legally residing in Canada, face challenges related to his detention.
- Shahriar’s initial refugee application was denied due to issues with an immigration consultant.
- His mother is a recognized refugee, while his sister is pursuing full-time education in Canada.
- The family has been under stress, affecting their mental health and living conditions.
ICE and CBSA Interactions
ICE communicated on August 1 that Canada would not accept Shahriar’s return. The Canada Border Services Agency (CBSA) maintains that it cannot comment on individual cases but emphasizes that entry into Canada is a case-by-case assessment.
Ahmed is actively seeking an urgent Federal Court hearing to facilitate Shahriar’s transfer to Canada on humanitarian grounds, arguing that he is a resident of Canada with direct family connections still there.
Safe Third Country Agreement Implications
In light of the Safe Third Country Agreement, the expectation is that individuals like Shahriar, who navigate complex immigration circumstances, receive appropriate attention from authorities to ensure their safety and legal rights are upheld. Shahriar insists he does not seek asylum in the U.S., as he has pending asylum status in Canada due to the challenges he faces back home.
Impact on Family
The mental health of Shahriar’s family has deteriorated since his detention. His mother has faced hospitalization due to depression. His sister, struggling to manage her studies and the family’s needs, may need to pause her education to support them.
This situation remains ongoing, with advocates urging for Shahriar’s prompt transfer back to Canada to avoid further distress and potential harm.
