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They're eligible for asylum in Canada. So why are they stuck in ICE jail?

September 3, 2025

An Afghan woman named "Asal" is desperately trying to reunite with her father and two siblings who are detained by U.S. Immigration and Customs Enforcement (ICE) despite being eligible for asylum in Canada. The detained family members are caught in bureaucratic limbo: they can only claim asylum at a Canada-US land border but ICE will only release them if they enter Canada by air, which requires visas that are still under review. This situation exemplifies how asylum seekers have been affected by changing policies under the Trump administration, with the detained family members potentially facing deportation to Afghanistan where they could be targeted by the Taliban due to the father's previous work with U.S. troops.

Who is affected

  • An Afghan family belonging to an ethnic and religious minority group facing persecution in Afghanistan
  • Specifically, a father and two younger siblings (including an 18-year-old sister) currently in ICE detention
  • "Asal," their 30-year-old relative living near Toronto as a legal refugee
  • Other family members who successfully reached Canada in February 2023 and August 2024
  • The youngest brother who was hospitalized for 10 days due to seizures while in detention

What action is being taken

  • Asal is regularly calling her detained family members and has hired attorneys in both the U.S. and Canada
  • The family's American lawyer, Jodi Goodwin, is working to prevent U.S. authorities from deporting the family to Afghanistan
  • Canadian lawyers Adam Sadinsky and Maureen Silcoff are pressing Canadian authorities to grant the necessary visas
  • The detained family members' visa application is currently under review by Canadian officials
  • Asal has offered to cover costs for ICE agents to escort her family to the Canada-US border

Why it matters

  • The case illustrates how asylum seekers are caught between changing immigration policies in the U.S. and Canada
  • It raises questions about Canada's responsibility to expedite entry for people in ICE detention with Canadian ties
  • The father worked with U.S. troops as a contractor, making him a potential Taliban target if deported to Afghanistan
  • The detained family members are experiencing difficult conditions in ICE detention facilities
  • The case could set a precedent for others in ICE detention with ties to Canada
  • It highlights potential gaps in the Safe Third Country Agreement between the U.S. and Canada

What's next

  • No explicit next steps stated in the article

Read full article from source: BBC