This agreement meant that Canada should reject anyone arriving at an official U.S. place of entry and prevent them from applying for refugees in Canada, as the United States is considered a „safe country“ to make such an application. However, the claimants discovered a „loophole“ in the agreement, which meant that if they arrived between the official ports of entry, they could apply to Canada. To date, the United States is the only country to be designated by Canada as a safe third country under the Immigration and Refugee Protection Act. As of February 2017, more and more refugees have begun to cross the Canadian border at locations other than official border checkpoints. To avoid the effects of the agreement, all refugees at a border crossing would be automatically repatriated to the United States, in accordance with the CAB provisions.  Since it is not illegal to cross the border outside a port of entry under the Immigration and Refugee Act or the rules associated with it, as long as the person immediately reports to a Canada Border Services Agency official and st.c.a. does not apply to rights outside a port of entry, these are persons who otherwise are not entitled to assert their rights after an irregular crossing. possible.
 In some cases, these refugees have been amputated by frostbite and concerns have been expressed that some refugees may freeze to death while crossing the border.  While the decision focused specifically on cruel and harmful detention practices in the United States, which punish individuals for seeking security, many recent measures have virtually ended the right to seek asylum on national territory. In this virtual briefing, our participants discussed the impact of the decision, its impact on the lengthening of the detention of asylum seekers and other attempts to outsource U.S. asylum obligations (including the „Remain in Mexico“ program and the host of recent illicit asylum agreements with Guatemala, El Salvador and Honduras) and discussed how the United States can restore its reputation as a safe haven for asylum seekers. The briefing also included introductory remarks by Congressman Joaquin Castro, who defended the right to asylum and conducted several Congressional investigations into access to asylum and detention practices. Nevertheless, the Trudeau government has decided to appeal the decision to maintain an untenable agreement, at a time when the Trump administration`s racist and nativist policies make this all the more dangerous and illustrate the contradictions of refugee and immigration policy in Canada. The government appealed McDonald`s decision and argued that there would be „irreparable harm“ to the rule of law and the common good if the border agreement were overturned.