During a CBSA raid on a construction site, you have the right to remain silent and to contact a lawyer immediately. If you are an undocumented worker facing deportation, you may be eligible to regularize your status through a Humanitarian and Compassionate (H&C) application, which costs $570 CAD to file.
Dealing with CBSA raids on construction sites, workers rights, and deportation defence in Canada is a grim reality for many undocumented individuals. The Canadian construction industry, particularly in rapidly growing areas like the Greater Toronto Area (GTA) in Ontario, Vancouver in British Columbia, and Calgary in Alberta, relies heavily on foreign labour. However, the Canada Border Services Agency (CBSA) regularly conducts inland enforcement operations to identify and detain workers who have overstayed their visas or are working without authorization.
If you or a loved one is caught in a workplace raid, panic is the worst response. 🚫 Every person physically present in Canada is protected by the Canadian Charter of Rights and Freedoms. This means you cannot be arbitrarily detained without cause, and you have the absolute right to legal counsel. Understanding how to interact with immigration enforcement and knowing the pathways to regularize your status-such as Humanitarian and Compassionate (H&C) grounds-can mean the difference between staying in Canada and facing forced removal.
Step-by-Step Guide: What to Do During and After a Raid
Preparation and knowledge are your best defences against sudden immigration enforcement. The process from an initial raid to potential deportation is fast-moving, so taking the correct steps immediately is vital.
Step 1: Exercise Your Right to Silence and Counsel
If CBSA officers enter your job site, stay calm and do not run, as fleeing can be used to justify detention. 🥺 You must provide your name and date of birth if asked, but you have the right to remain silent regarding your immigration status. You must immediately state, “I want to speak to my lawyer.” Do not sign any documents or agree to a voluntary departure without speaking to a Canadian law firm first.
Step 2: The 48-Hour Detention Review Hearing
If the CBSA detains you, they must bring you before the Immigration and Refugee Board (IRB) for a detention review within 48 hours. At this hearing, an adjudicator will decide if you should be released. Your lawyer will argue that you are not a flight risk or a danger to the public, and may propose a release plan that includes a cash bond or a guarantor (surety) from your community.
Step 3: Apply for Humanitarian and Compassionate (H&C) Consideration
Once released, your primary goal is to regularize your status. 📄 For many undocumented construction workers who have established roots in cities like Edmonton or Toronto, filing an H&C application is the best route. You must prove that leaving Canada would cause you unusual, undeserved, or disproportionate hardship. Evidence of paying taxes, community ties, and specialized construction skills can strongly support your case.
Step 4: Request an Administrative Deferral of Removal
If the CBSA tries to enforce a removal order before IRCC can process your H&C application, your lawyer can file an Administrative Deferral of Removal (ADR). This is a formal request asking the CBSA to pause the deportation temporarily. If the CBSA refuses the deferral, your legal team may need to seek an emergency stay of removal at the Federal Court of Canada.
How Much Does Deportation Defence Cost?
Fighting a deportation order requires navigating complex federal tribunals, which involves significant government and legal fees. 💵 Here is a breakdown of what you might expect to pay.
- H&C Application Fee: $570 CAD for the principal applicant (plus $150 CAD per child, if applicable).
- Release Bond: If ordered by the IRB, a cash deposit typically ranges from $1,000 CAD to $5,000 CAD (this is refunded if you comply with conditions).
- Detention Review Lawyer Fees: Usually range from $1,500 CAD to $3,000 CAD per hearing.
- Federal Court Stay of Removal: Emergency federal litigation is expensive, generally costing between $5,000 CAD and $10,000 CAD depending on the law firm.
How Long Does the Process Take?
Immigration enforcement timelines move incredibly fast initially, but regularization applications can take years.
- Initial Detention Review: Must occur within 48 hours of arrest.
- Subsequent Reviews: If not released, reviews occur at 7 days, and then every 30 days.
- H&C Processing Times: Currently, an H&C PR application takes roughly 24 to 36 months to be fully processed by IRCC.
- Deferral of Removal Decisions: The CBSA usually responds to deferral requests within 1 to 3 weeks prior to a scheduled flight.
Frequently Asked Questions (FAQ)
Can the CBSA enter a private construction site without a warrant?
Generally, the CBSA needs consent from the property owner or employer, or a valid warrant under the Immigration and Refugee Protection Act (IRPA), to enter a private, closed construction site to search for undocumented workers.
What happens if I use a fake SIN number?
Using a fraudulent Social Insurance Number (SIN) is a serious misrepresentation and can be considered an indictable offence. It complicates your deportation defence, making it highly advisable to consult a lawyer immediately if you are caught.
Will I be deported immediately if arrested?
No. Canada does not have an on-the-spot deportation system. You are entitled to due process, including a detention review and the opportunity to apply for risk assessments or file an H&C application.
Can I apply for a work permit while undocumented?
Generally, undocumented individuals cannot apply for standard work permits. However, if your H&C application passes the first stage of approval (Stage 1), you may be eligible to apply for an open work permit.
Should I hide my passport from the CBSA?
Intentionally hiding or destroying your passport will be viewed very negatively by the IRB and can lead to prolonged detention, as the adjudicator will assume you are a severe flight risk and uncooperative.
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