Immigration Policy 'on the Fly': A Critical Review of Pandemic Policymaking in Canada

Since January 2020 Canadian federal immigration policy has been shaped by the need to contain the spread of COVID-19 balanced against the need to protect the economy. This paper provides a critical review of key administrative trends and immigration policy responses and their significance for different groups of migrants. Using the newly developed CERC Migration Covid19 Immigration Policy Tracker (2022), we1 identify key trends in policymaking and practice beginning January 2020 through August 2022, and evaluate their impact on refugee claimants and refugees, immigration detainees, economic immigrants, temporary foreign workers and international students, and family class immigrants. We find that while the federal government responded with rapid border closures for non-citizens, it immediately began to carve out exceptions for non-discretionary purposes. Ultimately, essential mobility into Canada was defined according to economically driven criteria with the pandemic sometimes used as an excuse to exclude migrants considered undesirable, particularly asylum seekers, and to achieve administrative efficiencies. We conclude that while successful in reacting swiftly to modernize its operations and meet ambitious permanent levels targets, despite the lofty rhetoric recognizing the contributions of migrant workers and refugee claimants, ad hoc policymaking did not substantially deviate from the status quo. The government failed to take advantage of opportunities to undertake systemic changes and build a more inclusive citizenship and immigration model that would better promote equity, rights, and protections for migrants and asylum seekers who continue to be made vulnerable by Canada’s immigration and refugee policies.