In a quiet, leafy suburb of Toronto, a 30-year-old Afghan woman spends most afternoons on the phone, hoping she can reach her two younger siblings and father. They are not in Afghanistan, but instead just miles away, across the border in the US, held in Immigration and Customs Enforcement (ICE) detention.
The three have been there in crowded cells for months, stuck in what their lawyers say is a bureaucratic limbo between Canada and the US. They are eligible for asylum in Canada because they have immediate relatives who are legal refugees in the country, but can only file their claim at the land border - and US officials insist that they will only be released if they enter Canada by air, which they can't do without a visa, their US lawyer told the BBC.
That visa application is currently under review and they remain stuck, currently unable to make a claim in Canada and facing deportation from the US.
From her home near Toronto, 'Asal' says she has tried everything to get them released. The BBC is using an alias because her family belongs to an ethnic and religious minority group facing persecution in Afghanistan. She has hired attorneys in both countries to press their case and even offered to cover the costs of ICE agents escorting them to the Canada-US border, to no avail.
The family's case illustrates how some asylum seekers have been caught in rapidly changing policies under the Trump administration, their lawyers and experts say. It also raises questions about whether Canada has a responsibility to expedite entry for people in ICE detention who have ties to that country.
In the meantime, Asal's family members could be sent back to Afghanistan or a third country not of their choosing – 'the scariest move of all', argues their American lawyer Jodi Goodwin. That option 'puts them at risk of being sent to God knows where, with no assurances of protection,' she said.
The father had worked with US troops as a contractor, Asal said, making him a potential target for the Taliban if deported back to Afghanistan.
For the last eight months, Ms. Goodwin has been working to stop US authorities from sending the family to their native country. Meanwhile, their lawyers in Canada have been pressing authorities to grant the visas they need to get on a plane. Under an immigration pact between Canada and the US - the Safe Third Country Agreement - migrants without a visa must claim asylum at a land border crossing.
Asal speaks with her detained family when she can. ICE allows online 'visitations', and she often gets through to her 18-year-old sister, who shared how life in detention has been traumatic with nearly inedible food and the threat of solitary confinement. Asal continues to fear for her family's safety while hoping for their swift release. "tags": [ "Afghanistan", "Refugees and asylum seekers", "Taliban", "US immigration", "United States", "Canada" ]
The three have been there in crowded cells for months, stuck in what their lawyers say is a bureaucratic limbo between Canada and the US. They are eligible for asylum in Canada because they have immediate relatives who are legal refugees in the country, but can only file their claim at the land border - and US officials insist that they will only be released if they enter Canada by air, which they can't do without a visa, their US lawyer told the BBC.
That visa application is currently under review and they remain stuck, currently unable to make a claim in Canada and facing deportation from the US.
From her home near Toronto, 'Asal' says she has tried everything to get them released. The BBC is using an alias because her family belongs to an ethnic and religious minority group facing persecution in Afghanistan. She has hired attorneys in both countries to press their case and even offered to cover the costs of ICE agents escorting them to the Canada-US border, to no avail.
The family's case illustrates how some asylum seekers have been caught in rapidly changing policies under the Trump administration, their lawyers and experts say. It also raises questions about whether Canada has a responsibility to expedite entry for people in ICE detention who have ties to that country.
In the meantime, Asal's family members could be sent back to Afghanistan or a third country not of their choosing – 'the scariest move of all', argues their American lawyer Jodi Goodwin. That option 'puts them at risk of being sent to God knows where, with no assurances of protection,' she said.
The father had worked with US troops as a contractor, Asal said, making him a potential target for the Taliban if deported back to Afghanistan.
For the last eight months, Ms. Goodwin has been working to stop US authorities from sending the family to their native country. Meanwhile, their lawyers in Canada have been pressing authorities to grant the visas they need to get on a plane. Under an immigration pact between Canada and the US - the Safe Third Country Agreement - migrants without a visa must claim asylum at a land border crossing.
Asal speaks with her detained family when she can. ICE allows online 'visitations', and she often gets through to her 18-year-old sister, who shared how life in detention has been traumatic with nearly inedible food and the threat of solitary confinement. Asal continues to fear for her family's safety while hoping for their swift release. "tags": [ "Afghanistan", "Refugees and asylum seekers", "Taliban", "US immigration", "United States", "Canada" ]
