Very succinctly, under obligations by international convention and Canadian law, anyone who enters the country, regardless of how they enter, including whether they do it at a regular point of entry or irregularly across any part of our 9,000-kilometre border with the United States, and makes a claim for asylum....
First of all, it is unlawful to enter at anything other than a point of entry, so they immediately are detained by the RCMP at that point. If they make a claim for asylum, we then determine whether or not there is any aspect of criminality or national security threat, or whether they are for any other reason ineligible to make that claim. That determination is made by the RCMP, CBSA and IRCC right at the border. If they make that claim, they are entitled under our law to due process, to a hearing. There are a number of other provisions in that law for other reviews and appeals as well. Due process in the law is provided in our legislation, and they are entitled to do that.
Additionally, we have other provisions in our law that, for example, give them eligibility for health services while they are going through that due process. It was something we added back, quite frankly, because it had been removed and our courts had determined that to be unlawful. In fact, I think they called it cruel and unusual punishment, and was something that needed to be fixed. Once those hearings are completed, and if the person is determined to be eligible for asylum, they are then settled as asylum refugees. If we determine that they are not in need of Canada's protection, they are then subject to removal.