Canada does not have ICE deportation. At Kingwell Immigration Law, we are seeing more people ask this question, and the concern is understandable given the volume of news coverage about U.S. Immigration and Customs Enforcement activity.
Removal from Canada is handled entirely by the Canada Border Services Agency (CBSA) under a separate legal framework, with different rules, different rights, and different avenues to challenge a removal order.
If you are facing removal proceedings, our deportation lawyer in Canada is here to help.
ICE, U.S. Immigration and Customs Enforcement, is an American federal agency. Its mandate is to enforce U.S. immigration law, and it has drawn global attention for large-scale detention and deportation operations.
It is not a Canadian agency, and it has no power to arrest, detain, or deport anyone in Canada.
That said, ICE does have a limited presence on Canadian soil. The U.S. government lists offices in five Canadian cities: Toronto, Vancouver, Calgary, Montreal, and Ottawa.
These are staffed by Homeland Security Investigations (HSI), the criminal investigative arm of ICE, which focuses on transnational crime such as drug trafficking and human smuggling. HSI agents in Canada operate out of U.S. consulates and the embassy in Ottawa, and they do not have arrest powers or the authority to conduct immigration raids here.
They are a completely different operation from ICE’s Enforcement and Removal Operations (ERO), the arm responsible for the deportation crackdowns generating headlines in American cities.
The Canada Border Services Agency is the federal body responsible for immigration enforcement, detention, and removal in Canada. The CBSA operates under the Immigration and Refugee Protection Act (IRPA), which governs who can be removed, on what grounds, and what procedural protections apply along the way.
Under IRPA, the CBSA has a legal obligation to remove any foreign national who has been issued an enforceable removal order. Unlike ICE’s operations in the United States, the Canadian framework builds in legal reviews and appeal rights at multiple stages.
Our team at Kingwell Immigration Law can help you identify which of those stages applies to your situation and what options remain open.
💡 Additional reading: Canada deportation
Canada’s removal framework is set out in the Immigration and Refugee Protection Act. A person may be found inadmissible, and therefore subject to removal, on one of the following grounds:
Not all removal orders are the same. The type of order issued determines how quickly a person must leave, how long they are barred from returning, and whether they may apply to come back.
The CBSA issues three types of removal orders under IRPA:
| Order Type | Must Leave | Bar on Return | Return Without ARC? |
| Departure order | Within 30 days | None if complied with | Yes |
| Exclusion order | Immediately | 1 year (5 years for misrepresentation) | No |
| Deportation order | Immediately | Permanent | No |
💡 Additional reading: removal order vs deportation order
Not sure which type of order applies to your situation? Book a consultation and we will walk you through it.
Canada’s removal process is not a fast-track deportation system. The CBSA cannot enforce a removal order while valid legal proceedings are ongoing.
A person facing removal has the right to challenge that order through several avenues, and removal cannot proceed until those avenues are exhausted.
Key protections under the Canadian system include:
The differences between the Canadian and American removal frameworks are significant, particularly for people who have been watching events unfold south of the border and wondering whether the same approach applies here.
Feature | Canada (CBSA / IRPA) | United States (ICE / ERO) |
Enforcement agency | Canada Border Services Agency | Immigration and Customs Enforcement |
Governing law | Immigration and Refugee Protection Act (IRPA) | Immigration and Nationality Act (INA) |
Arrest without prior order | Only on specific grounds: danger to the public, flight risk | Broad administrative arrest powers |
Mandatory detention | Not automatic, grounds required | Mandatory detention in many categories |
Detention review | 48 hours, then 7 days, then every 30 days | No fixed mandatory review schedule for all categories |
Right to appeal removal | Yes, IAD, Federal Court, PRRA | Limited; depends on immigration status |
Active removal before appeal concluded | No, removal is stayed while appeals are in progress | Possible in some categories |
Removal orders do become enforceable once legal options are exhausted, and the CBSA does have the authority to arrest and detain individuals who are flight risks or pose a danger to the public. If you are uncertain where you stand, we can assess your situation and tell you exactly which avenues remain available to you.
One situation where ICE becomes directly relevant to people in the Canadian immigration system involves the Canada-United States Safe Third Country Agreement (STCA). This is a bilateral agreement that designates both countries as safe for refugees, meaning that a person who arrives at an official Canadian land border crossing from the United States is generally ineligible to make a refugee claim in Canada and must seek asylum in the U.S. instead.
In March 2023, the STCA was expanded significantly. The agreement now applies across the entire land border, including irregular crossing points, if a person makes a refugee claim within 14 days of arriving.
This means that many asylum seekers who previously crossed between official ports of entry to make a refugee claim in Canada are now subject to being returned to the U.S.
The consequences of being turned back are serious. Immigration lawyers across Canada have documented cases of people rejected at the Canadian border who were handed to ICE and held in U.S. immigration detention facilities, sometimes for months, after being denied entry by CBSA officers.
These cases have raised significant concerns about whether sufficient safeguards are being applied at the border before people are returned to U.S. custody.
The STCA does have exceptions, and whether one applies to your situation is something we can assess before you approach the border. A person may still make a refugee claim in Canada at an official crossing if they have a family member who is a Canadian citizen, a permanent resident, or a recognised refugee in Canada, or if they hold a valid Canadian visa.
Public interest exceptions also apply in limited circumstances.
If you are at the border or at risk of being returned to the U.S., book a consultation with our team as soon as possible.
If the CBSA detains someone in Canada, the detention must be reviewed by the Immigration Division of the Immigration and Refugee Board (IRB) within 48 hours, then again at 7 days, and then every 30 days. This is a mandatory review; the government cannot hold someone without providing justification before an independent adjudicator.
The CBSA can detain a person on three grounds under IRPA: if their identity cannot be established, if they are considered a flight risk, or if they are considered a danger to the public. Each of these grounds must be argued before an independent member of the Immigration Division, and the detained person has the right to be represented by a lawyer at every hearing.
If you or someone you know has been detained by the CBSA, Kingwell Immigration Law can attend detention reviews, challenge the grounds for continued detention, and work to secure release where the circumstances support it.
In removal cases, timing is everything. PRRA application windows, IAD appeal deadlines, and Federal Court leave applications all carry strict timelines, and missing any one of them can close off options that would otherwise have been available.
The same applies to people navigating the STCA, where knowing whether an exception applies before approaching the border can be the difference between making a refugee claim in Canada and ending up in U.S. detention.
Kingwell Immigration Law handles urgent enforcement matters, including same-day CBSA situations. The earlier we are involved, the more we can do.
Canada’s removal process is not the same as ICE deportation, but it is not without urgency either. Removal orders become enforceable once legal options are exhausted, and the consequences of the wrong order, particularly a deportation order, are permanent.
At Kingwell Immigration Law, we represent clients across Canada who are facing removal, detention, inadmissibility findings, and urgent enforcement situations.
Daniel Kingwell is an LSO Certified Specialist in Citizenship and Immigration Law with over 20 years of experience. Our firm regularly represents clients before the Federal Court, the Immigration Appeal Division, and every division of the Immigration and Refugee Board.
We handle urgent matters, including same-day CBSA situations, and we are positioned to move quickly when time is short.
If you have received a removal order or have an urgent immigration matter, call us at 416.988.8853 or book a consultation to speak with our team.
ICE has no authority to arrest or detain anyone in Canada. Enforcement is carried out by the Canada Border Services Agency under the Immigration and Refugee Protection Act. ICE offices in Canadian cities handle transnational crime and hold no detention powers. Kingwell Immigration Law advises anyone contacted by an agency.
Canada does not extradite people to the U.S. for immigration violations. Extradition applies only to criminal offences listed in the Canada-U.S. Extradition Treaty. Someone removed from Canada is returned to their country of citizenship, not U.S. custody. Kingwell Immigration Law can explain what removal means for your nationality.
Yes, permanent residents can be deported from Canada. A permanent resident found inadmissible for criminality, misrepresentation, or residency failure may receive a removal order under IRPA. Most have the right to appeal to the Immigration Appeal Division. Kingwell Immigration Law represents permanent residents at IAD hearings across Canada.
A removal order in Canada applies only to the named individual. Family members with valid status are not automatically removed. However, removal can affect pending sponsorship applications and leave dependants without support. Kingwell Immigration Law advises on whether humanitarian factors involving family separation can be raised to challenge or defer removal.
A refused refugee claim is not the end of the process in Canada. After a Refugee Protection Division refusal, most claimants can appeal to the Refugee Appeal Division. If that fails, Federal Court judicial review is available with leave. Kingwell Immigration Law can identify which step applies and act quickly.
