As days pass in US detention, Markens Appolon feels the future he envisioned fading. The 25-year-old left Haiti to flee widespread gang violence that disrupted his economics studies and intended to reunite with relatives in Montreal. Instead, he has spent the past four and a half months held in an Immigration and Customs Enforcement facility. He questions how he could restart his life even if released. “Every day that passes, my mental health is just getting worse. You see the world going on and you’re just stuck here, watching,” he said. “I’m here, and even when I get out, the problem is going to be worse.” Appolon sought protection in Canada, expecting it to provide safety for those in danger. His Canadian family ties should have qualified him for an asylum claim. Yet Canadian officials transferred him to ICE agents. “This is what is so shocking about this case and others like it,” said Erin Simpson, a Toronto immigration lawyer representing Appolon. “Canada is participating in this. Canada is handing people over to ICE.” Simpson and other lawyers report a rise in similar cases since the start of Donald Trump’s second term. Claimants like Appolon try to seek asylum in Canada via an exception to the Safe Third Country Agreement with the US, which normally requires refugees to apply in the first safe country reached. Experts contend the US does not qualify as safe due to prolonged detention and risks of deportation to dangerous conditions. At the same time, Canada has tightened its asylum rules. Legislation passed in March introduced new restrictions, drawing criticism that the government is adopting stricter immigration measures. Appolon remains detained because Canadian border procedures were applied rigidly, Simpson said, with serious consequences for him. He fled Haiti in 2023 amid gang conflict, political instability, economic decline and food shortages. He lived in Florida under a humanitarian program that permitted work and study. When that program faced termination, he headed to Canada. To enter from the US, a claimant must demonstrate Canadian family presence. Appolon arrived at the Quebec-Vermont border on 28 December but was rejected after officials noted his aunt was temporarily abroad. Lawyers say prior cases allowed more flexibility. Despite its reputation for welcoming refugees, Canada’s rejections now carry harsher outcomes, according to immigration attorneys. The change has grown more pronounced recently. Tenzin, a Tibetan refugee, described being sent to ICE custody as contrary to Canada’s image. The 29-year-old attempted to claim asylum in August with family waiting. He was placed in a Buffalo facility and later developed facial paralysis during detention.
