by Pax Ocampo
Despite community advocacy efforts, on March 26, 2026, Bill C-12 became law. In this article, we will dive into what has changed and what we can do moving forward to address the detrimental impact on our communities.
What has changed with the passing of Bill C-12?
- Irregular border crossings now carry stricter consequences.
People who enter Canada irregularly and make an asylum claim more than 14 days after entry may no longer have their claim referred to the Immigration and Refugee Board of Canada (IRB). Instead, they may be found ineligible and placed into removal proceedings. - The 14-day clock starts immediately.
The timeline begins as soon as a person physically enters Canada, even if they first entered as a visitor rather than with the intention of claiming asylum. - Some people may still access a PRRA.
Individuals found ineligible may, in some cases, later qualify for a Pre-Removal Risk Assessment (PRRA), though this does not restore access to the regular refugee claim process. - PRRA applicants cannot act as “anchor relatives.”
Under the new rules, only people with a qualifying legal status in Canada (generally those whose refugee claims have already been found eligible and referred to the IRB) can serve as anchor relatives for family members claiming asylum from the United States. - Families will be affected unevenly.
If only one family member has a qualifying relationship in Canada, that person may be found eligible while partners or children may be denied entry and returned to the United States. Because fewer people will qualify as anchor relatives, families will likely be increasingly separated during the asylum process. - More front-end screening and ministerial review are expected.
Additional security screening and review by the Minister may significantly slow the early stages of the refugee process. - Missing deadlines could lead to ineligibility.
If a claimant misses an interview, does not submit requested documents, or fails to respond to a procedural fairness letter (often within 21 days), they may be declared ineligible and moved into the removal stream. - Claims already decided will not be reopened.
If someone has already had their hearing or received a final decision, Immigration, Refugees and Citizenship Canada (IRCC) is not expected to reassess the case. However, having only a scheduled hearing may not protect a claimant.
What now?
- People should calculate their timelines carefully.
The date of entry into Canada is now critical. Even a short prior visit can affect eligibility. - Use available eligibility tools.
The Migrant Rights Network has created a tool to help people calculate whether they may still be eligible to make an asylum claim based on entry dates and time spent in Canada (Click here to visit their website!) - Families may need to plan border crossings strategically.
In some situations, legal advocates are advising families to stagger their arrival at the border so that one member can establish eligibility first. This may reduce risk for some families, though it is not a workable solution for everyone. - Respond immediately to any procedural fairness letter.
These letters may come through the Immigration, Refugees and Citizenship Canada portal rather than from the IRB, and deadlines are short. Extensions should be requested as soon as possible if needed.Make sure clients have access to their portals and are checking them regularly. - Legal support is urgent.
Anyone who receives a notice of ineligibility or procedural fairness letter should connect with a lawyer immediately. - Challenging the decision is strongly recommended.
Legal advocates are encouraging claimants to challenge ineligibility decisions, even though filing a challenge does not automatically stop removal. - Humanitarian and compassionate requests may still help.
In some cases, humanitarian and compassionate (H&C) considerations may be raised as part of another immigration application to request an exception. - Removal may happen quickly.
The federal government is expected to process a high volume of PRRA decisions each month, which means many people may move rapidly from ineligibility into removal proceedings. - Claimants should not navigate this process alone.
The rules are changing quickly, and legal advice early in the process can make a major difference.
For more information, check out:
https://www.canada.ca/en/immigration-refugees-citizenship/news/2026/03/new-immigration-and-asylum-measures-from-bill-c-12-the-strengthening-canadas-immigration-system-and-borders-act-have-become-law.html