Asylum crackdown passed under Carney first requested by Trudeau's immigration minister

john major changes to Canada's asylum scheme passed into jurisprudence this twelvemonth were number one sought by the federal immigration minister in 2024 — but the Trudeau government largely did not act on them.

The request from Miller was retroactive to June 25, 2020 — one day off from the date included in the Carney government's border law.

Miller also sought to stop asylum seekers from making claims more than 14 days after crossing into Canada from an irregular port of entry on the Canada-U.S. Land border, another measure that only wound up passing under Bill C-12 last month.

"The in-Canada asylum system has faced mounting pressure in recent years, largely driven by increasing numbers of asylum seekers, resource constraints and evolving global migration dynamics," Miller wrote.

"The system has been strained as the number of claims increased dramatically, leading to lengthy processing times and backlogs, and resulting in prolonged uncertainty for migrants."

There is one provision, eventually passed under Bill C-12, that appeared to have the support of Trudeau's Prime Minister's Office.

Miller advocated for IRCC's ability to mass-cancel groups of visas, which the government publicly mentioned in a suite of border security measures in December 2024. 

Reached for comment, Miller declined, citing cabinet confidentiality. 

Miller wrote that the stricter rules for irregular crossings would "act as a risk-mitigation strategy" for "anticipated changes to U.S. Immigration policies" that could cause major changes to "asylum migration trends impacting Canada."

It is unclear whether the letter was sent by Miller before or after the re-election of U.S. President Donald Trump.

Miller also wrote that the U.S. Was "the only comparable jurisdiction internationally that has a similar limit on eligibility."

"The one-year time limit was chosen in part because a significant majority of claimants make their claim within their first year of being in Canada," says an annex attached to the letter.

"The use of a one-year period is also a clear and easily communicated timeline for claimants to understand the period in which they are allowed to make a claim."

Miller was turfed as immigration minister under Prime Minister Mark Carney in March 2025 and returned to cabinet with the heritage portfolio last fall.

The legislation Carney's government wound up passing was not without controversy.

First presented in late spring 2025, it was eventually split into two different bills after opposition parties raised a number of concerns over its security and immigration components.

Re-introduced as Bill C-12, it was scrutinized closely by the Senate, which took the unusual step of suggesting multiple amendments, including removing the one-year bar. However, senators agreed to drop those amendments once the government turned them down.

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In his 2024 letter, Miller foresaw "vocal criticism from stakeholders and legal challenges" to the proposed changes.

Immigration and refugee advocates and lawyers indeed raised concerns about C-12. 

The law passed with the Liberals finding support from the Conservative Party and the Bloc Québécois. 

Since coming into effect, IRCC has begun telling tens of thousands of asylum claimants they may not be eligible for refugee status.

Senior reporter

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