A Call for Canada to Act: Special Immigration Measures for Americans Fleeing Authoritarianism

Written by: Deepika Gupta, Articling Student & Joycna Kang, Partner

As the United States teeters on the edge of authoritarianism, with democratic norms eroding and civil liberties under siege, Canada finds itself in a unique position. The rise of autocratic governance in the U.S. has sparked a quiet but growing exodus of academics, professionals, and everyday citizens seeking refuge in Canada. Canada has often positioned itself as a beacon of inclusivity and opportunity, but are we ready to respond to this moment? More importantly, should we?

The answer is an unequivocal yes. It’s time for Canada to establish special immigration measures for Americans fleeing political repression and societal instability, much like the programs we’ve implemented for Ukrainians and Hongkongers in recent years.

The Case for Action: A Growing Exodus

The signs are clear. From academics fleeing interference in their work to professionals disillusioned by the rollback of civil rights, many Americans are seeking opportunities to migrate out of the U.S.[1] Recent data from Statistics Canada shows that migration from the U.S. to Canada has surged during periods of political turmoil South of the border. For instance, the number of U.S. non-citizen residents immigrating to Canada quadrupled between 2016 and 2019, coinciding with heightened political polarization and restrictive immigration policies under Donald Trump’s administration. American citizens were also searching for opportunities elsewhere.

Now in his second term, these numbers seem to be mirroring—perhaps even surpassing—the numbers in Trump’s first term. The trend is not limited to numbers; it’s also about who is leaving. 2SLGBTQ+ Americans and non-U.S. citizens, parents of trans youth, and people with precarious status in the U.S. are seeking immigration opportunities in Canada in droves.

High-profile defections are also becoming the norm, such as Yale professors Jason Stanley and Timothy Snyder joining Canadian institutions, highlighting a broader pattern: the flight of intellectual capital from an increasingly hostile environment for free thought and academic inquiry. Positioning ourselves to offer opportunities to people in these spaces sense morally and strategically for the country at large.

2SLGBTQ+ People at Heightened Risk

Recent U.S. executive orders have created dangers for 2SLGBTQ+ Americans and asylum seekers. Within 24 hours of taking office, President Trump suspended the U.S. Refugee Admission Program, stopping all refugee processing.[2] His order, “Defending Women from Gender Ideology Extremism”, recognizes only two biological sexes and threatens transgender, non-binary, and intersex people’s legal status. Other Executive Orders target trans youth and their ability to access gender-affirming care. Many people have reported receiving passports with the incorrect gender markers or not receiving their passports back at all after applying to update their gender marker.

Many of these individuals have limited options when looking to migrate to Canada. In recent years, Canada immigration policies have trended towards increased restrictions on who qualifies for economic migration pathways. American and Mexican citizens in certain professions may be able to access LMIA-exempt work permits, but these options are seldom available to non-citizen residents in the U.S.

For asylum seekers, the Safe Third Country Agreement (STCA) between Canada and the U.S. can be a devastating roadblock. The STCA, operating since 2004 and expanded in 2023, requires refugees to seek asylum in the first country they enter.[3] When a Canadian federal court ruled in 2020 that “detainees demonstrate both physical and psychological suffering because of detention, and a real risk that they will not be able to assert asylum claims” in the U.S., it highlighted our duty to reassess who we consider “safe” under the STCA.[4] This decision, however, was overturned at the Federal Court of Appeal and the considered at the Supreme Court of Canada, where the STCA was upheld.

This means 2SLGBTQ+ refugees caught in the U.S. system cannot seek protection in Canada, even when U.S. policies endanger them. Trans women seeking asylum face particular risks if detained in U.S. immigration facilities based on their sex assigned at birth rather than gender identity.

Civil society groups like the Canadian Association of Refugee Lawyers and Rainbow Railroad have called for Canada to suspend the STCA or create exemptions for transgender, non-binary, and intersex asylum seekers.[5] 

When going through formal legal channels, advocating for changes in the law is a process that can take time, but what happens when people fleeing persecution do not have this luxury? This is the opportunity for our government to rise to the occasion and respond accordingly.

Learning from Ukraine and Hong Kong’s Immigration Programs

Canada has previously responded to international crises with targeted immigration measures:

1. Ukraine: In response to Russia’s invasion, Canada introduced the Canada-Ukraine Authorization for Emergency Travel (CUAET), offering Ukrainians temporary residence, open work permits, study permits, and access to settlement services. Over 185,000 Ukrainians have benefited from this program.

   
   

2. Hong Kong: Following Beijing’s crackdown on democratic freedoms in Hong Kong, Canada created special pathways, including open work permits and permanent residence streams tailored for young professionals and recent graduates.

   
   

These programs demonstrate that Canada can act decisively when democratic values are under threat abroad. Why should our neighbours South of the border fleeing authoritarianism be any different?

The reality is, we know why the Canadian government might be hesitant to introduce policies that imply that the U.S. is unsafe for some of its residents. There are larger political concerns at play, including concerns about upsetting the country’s chief trade partner. With the very real potential of trade wars looming, claims that Canada should be the 51st state, and tariffs on Canadian goods, however, it should be clear that the current administration is not especially concerned about the health of the relationship between our two governments.

A Test of Canadian Values

Canada has purported itself as being a nation that stands up for what’s right. The current political climate in the U.S. presents a moment to substantiate this claim. While the restrictions on intellectual freedom and persecution of 2SLGBTQ+ individuals is not unique to the U.S., our geographical proximity magnifies our duty to respond. By implementing special immigration measures for Americans and asylum seekers in the U.S. fleeing authoritarianism, Canada would not only reaffirm its commitment to democratic values but also position itself as a global leader in responding to modern challenges. The question isn’t whether we can afford to act; it’s whether we can afford not to.

[1] “Three Esteemed Yale Professors Flee to Canada Over Trump Concerns, Set to Join University of Toronto’s Renowned Munk School in Major Academic Shake-Up,” The Economic Times (n.d.), online: https://economictimes.indiatimes.com/news/international/us/three-esteemed-yale-professors-flee-to-canada-over-trump-concerns-set-to-join-university-of-torontos-renowned-munk-school-in-major-academic-shake-up/articleshow/119715620.cms 

[2] Rainbow Railroad, “Canada Must Act: Exempt Trans, Non-Binary & Intersex Asylum Seekers from STCA” (2025)

[3] Canadian Civil Liberties Association, “Civil Society Groups Call for Immediate Suspension of Safe Third Country Agreement with United States of America” (2025)

[4] Ibid.

[5] Ibid.