December 20, 2024

Canada Ends Flagpoling Amid its $1.3 Billion Border Security Initiative. What Will Take its Place?

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Posted by Durr-e Adan - Bellissimo Law Group PC

On December 17, 2024, the Government of Canada unveiled its ambitious Border Plan, a $1.3 billion initiative aimed at enhancing border security and reforming the immigration system. A central component of this plan is the decision to end ‘flagpoling,’ a practice that has long been a contentious issue within Canada’s immigration framework. While the government touts this change as a necessary step to reduce strain on border resources, the decision raises important questions about efficiency, fairness, and unintended consequences.

Flagpoling

Flagpoling occurs when temporary residents in Canada leave the country and immediately return to a port of entry to access immigration services, such as renewing work or study permits. For many, flagpoling has been a practical workaround to avoid lengthy inland processing times. However, the government argues that the practice consumes significant border resources, distracts officers from enforcement priorities, and slows legitimate cross-border traffic.

By eliminating flagpoling, the government claims it will:

  • Reduce unnecessary border volumes.
  • Allow border officers to focus on enforcement activities.
  • Streamline immigration processes.

While the government’s goals are laudable, the decision to end flagpoling raises several concerns:

  1. Inland Processing Delays

One of the main reasons temporary residents turn to flagpoling is the significant delays in inland processing of immigration applications. Ending this practice without addressing these systemic delays could leave many applicants in limbo, potentially impacting their ability to work, study, or travel.

The backlog in inland applications has been a persistent issue for years, with some applicants waiting months—or even longer—for decisions on work or study permits. Immigration services at ports of entry have offered a straightforward, face-to-face option for many temporary residents. By removing this avenue, the government risks exacerbating an already strained system.

  1. Limited Alternatives

The government has not yet clarified how it will ensure timely processing for those who previously relied on flagpoling. Without robust inland processing mechanisms, the elimination of flagpoling risks creating new bottlenecks within the system.

Moreover, requiring all temporary residents to navigate the inland system could lead to additional stress for applicants unfamiliar with the process. The transition to online applications for all immigration services may also pose challenges for individuals with limited digital literacy or access to reliable internet. Ensuring that alternative pathways are accessible to all will be crucial in minimizing disruption.  What the system does not need is even less live touchpoints with officers.  Will we see the return of inland in person service options?

Broader Changes Under the Border Plan

The decision to end flagpoling is just one aspect of the government’s broader Border Plan, which also includes measures to:

  1. Strengthen Immigration Document Controls

The Fall Economic Statement 2024 proposes amending the Immigration and Refugee Protection Act to:

  • Secure new authorities to cancel, change, or suspend immigration documents.
  • Cancel, suspend, or pause the acceptance of new applications in the public interest.

These changes aim to provide greater control over immigration processes, protect public resources, and prevent individuals who may pose a risk to Canada from entering the country. This new authority could also help reduce irregular southbound migration.

  1. Impose New Restrictions on Non-Compliant Countries

The government plans to introduce measures to penalize countries that fail to facilitate the return of their citizens in cases of fraudulent entry or removal orders. These measures include imposing restrictions and costs to ensure better cooperation.

  1. Combat Synthetic Drug Trafficking
  • Deploy advanced AI and imaging tools to detect illegal drugs.
  • Expand the Canada Border Services Agency’s (CBSA) canine detection teams.
  • Establish the Canadian Drug Profiling Centre for enhanced drug analysis.
  1. Equip Law Enforcement with New Tools
  • Introduce an Aerial Intelligence Task Force with drones and helicopters.
  • Strengthen counter-drone technologies for surveillance.
  • Enhance legislative powers to disrupt organized crime.
  1. Improve Operational Coordination
  • Create regional hubs to better coordinate federal, provincial, and local law enforcement efforts.
  • Propose a North American Joint Strike Force to target transnational crime.
  1. Expand Information Sharing
  • Facilitate real-time intelligence sharing with U.S. authorities and international partners.
  • Intercept high-risk individuals and goods before they cross borders.

The Importance of Transparency and Accountability

Minister Marc Miller emphasized the need to preserve the integrity of Canada’s immigration system, but again ending flagpoling without addressing underlying inefficiencies may undermine this goal. Transparency around processing times and alternative solutions will be essential to ensure that the immigration system remains fair and effective.

Stakeholders, including immigration lawyers and advocacy groups, have voiced concerns about the lack of consultation prior to implementing such a significant change. They argue that meaningful engagement with those directly affected could have helped identify more balanced solutions.  This did not occur.

While the Border Plan reflects a significant investment in Canada’s security and immigration infrastructure, the decision to end flagpoling highlights the need for a balanced approach. To truly enhance the immigration system, the government must tackle processing delays and provide viable alternatives for those affected by this change. Without such measures, the elimination of flagpoling risks becoming a missed opportunity to modernize and improve Canada’s immigration framework.

Moreover, it remains to be seen whether the broader Border Plan’s ambitious objectives—such as combating organized crime and streamlining immigration processes—will deliver on their promises. The elimination of flagpoling, combined with new legislative powers and restrictions, represents a pivotal moment in Canadian immigration law, policy and delivery. As implementation begins, close monitoring and ongoing dialogue with stakeholders will be critical to ensuring that these reforms achieve their intended outcomes without unintended consequences.  Without new in person servicing centres in Canada, a system that is already plagued by transparency and reasonable service standards will be plunged into further crisis.  Let’s hope the end of flagpolling will mean in Canada processing which is how the system should and did for many years operate.