Bangladeshi Asylum Seeker Detained in U.S. After Accidental Border Crossing, Awaiting Canadian Response

A 28-year-old Bangladeshi asylum seeker, Mahin Shahriar, remains in U.S. Immigration and Customs Enforcement (ICE) detention after inadvertently crossing the U.S.-Canada border, highlighting tensions in North American immigration enforcement and refugee protection mechanisms. Shahriar, who arrived in Canada in 2019 seeking asylum, had been living under temporary status following a prior rejection of his refugee claim due to fraudulent advice from a consultant.

The incident occurred when Shahriar visited a rural area near Montreal to meet an acquaintance. Unable to locate the property, he contacted the acquaintance for directions, which unintentionally led him into U.S. territory. Upon realizing his mistake, Shahriar approached U.S. border officials and was immediately detained. The U.S. authorities, citing the Safe Third Country Agreement between the two nations, are legally obligated to prevent him from returning to Canada without formal procedures.

Shahriar’s lawyer, Washim Ahmed, has criticised the Canada Border Services Agency (CBSA) for failing to respond to repeated requests to facilitate his return. Under the terms of the Safe Third Country Agreement, Canadian authorities are required to accept individuals who are detained in the U.S. within 14 days of illegal entry. Ahmed has petitioned Canada’s public safety minister and is pursuing a judicial review to compel CBSA to act, arguing that the agency has a legal obligation to ensure Shahriar’s safe repatriation.

While in detention, Shahriar has become eligible for a pre-removal risk assessment due to the recognition by U.S. officials that he would face danger if deported to Bangladesh. Meanwhile, the situation has had serious consequences for his family in Canada. His mother, a Canadian permanent resident, has experienced severe mental health crises, including multiple hospitalisations, reportedly exacerbated by her son’s prolonged detention.

The CBSA has declined to comment on Shahriar’s case, citing its policy of not intervening in foreign immigration proceedings. However, legal experts and human rights advocates argue that Canada has a moral and legal responsibility to ensure the safety and rights of asylum seekers affected by such cross-border incidents.

This case underscores broader concerns about the treatment of asylum seekers under North American border enforcement regimes, the operational challenges of the Safe Third Country Agreement, and the personal toll on vulnerable individuals and their families. Advocacy groups have called for immediate action to secure Shahriar’s return to Canada and to review procedures that can prevent similar incidents in the future, stressing the need to balance border security with humanitarian obligations.

As Shahriar remains in ICE custody, Canadian authorities and human rights organisations face growing pressure to act swiftly, highlighting the complexities of transnational refugee protection and the urgent need for clear protocols when asylum seekers inadvertently cross international borders.