COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES A COVID-19 CORDON SANITAIRE? As of 4 September 2020, there have been 130,744 confirmed cases of COVID-19 in Canada, including 9,140 fatalities. There have been 6,660,999 tests administered. On 21 March 2020, in response to a rising transmission rate in Canada (including the infection of the Prime Minister’s wife after a trip to London), the Government of Canada implemented a restriction on all discretionary travel at the Canada-U.S. border. Using emergency powers available under the Quarantine Act9 , the Government issued two broad-reaching “travel bans” for foreign nationals who want to enter Canada. Orders in Council10 require a 14-day mandatory self-isolation and quarantine for all persons entering Canada, whether citizens or not. There is little to no caselaw and it seems that there have never been any court challenges to the Quarantine Act.11 On 17 March 2020, CBSA was officially detaining 353 people across its IHCs and in provincial jails. The population of IHC detainees fell quickly to 98 people (25 March) then 64 people (1 April) then 30 people (19 April). As of 19 April, 117 detainees were in provincial jails, corresponding with their categorization as “high-risk” detainees. One staff member at the Toronto IHC tested positive for COVID-19, and one inmate at a federal prison in Laval has died from the disease.12 The Canadian case study shows a willingness to reduce detention and acknowledgement that prison health is public health: COVID-19 endangers not only detainees but also guards and staff, healthcare workers, legal advocates, and other visitors who bring droplets in to and out of the detention facilities. It is unclear how all of COVID-19 will impact longer-term CBSA, IRCC, and ID decision-making on whom to detain, and whom to welcome across the cordon sanitaire. Immigration processing is slowed, and claims for refugee protection are decreased. The IRCC has announced that its offices will not interview refugee claimants in person, or process refugee protection claimant document renewals.13 Yet, IRCC recently announced an immediate pathway to permanent residence for 1,000 refugee claimants employed as essential workers.14 Particularly when the country is geographically isolated and its government virtually closes the land borders, national focus shifts from the cordon sanitaire to the facilities used to contain and “manage” immigrant bodies. DR. STEPHANIE J. SILVERMAN Thinking Forward Network and the Centre for Refugee Studies Toronto 9 https://laws-lois.justice.gc.ca/eng/acts/q-1.1/page-1.html 10 https://orders-in-council.canada.ca/attachment.php?attach=39166&lang=en 11 Mcnab, Aidan, and Sergio Karas. 2020. “The Quarantine Act and other laws governing ports of entry during the COVID-19 pandemic.” Last Modified 28 February, accessed 02 September. https://www.canadianlawyermag.com/practice-areas/immigration/the-quarantine-act-and-other-laws-governing-ports-of-entry-duringthe-covid-19-pandemic/326860. 12 CBC News. 2020. “Laval inmate dies after contracting COVID-19 as Quebec prisons deal with outbreaks.” Last Modified 06 Mauy, accessed 01 September. https://www.cbc.ca/news/canada/montreal/quebec-laval-inmate-covid19-1.5557590. 13 Government of Canada. 2020. “Coronavirus disease (COVID-19): Refugees, asylum claimants, sponsors and PRRA applicants.” Last Modified 31 July, accessed 02 September. https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/refugees.html. 14 Harris, Colin. 2020. “Some asylum seekers who cared for patients in pandemic to get permanent residency.” Last Modified 14 August, accessed 18 August. https://www.cbc.ca/news/canada/montreal/asylum-seekers-guardian-angels-covid-19-permanent-residency-1.5686176. idcoalition.org | westernsydney.edu.au/hadri 15