Afghan Family Eligible for Canadian Asylum Held in U.S. ICE Detention

A woman in Toronto says three members of her Afghan family who are eligible to seek asylum in Canada have been held in U.S. Immigration and Customs Enforcement (ICE) detention for months because of a procedural impasse between the two countries.

The 30-year-old, identified by the BBC under the alias "Asal," said her two younger siblings and father are detained in crowded cells just miles from the Canadian border. Her family members are eligible to file asylum claims in Canada because they have immediate relatives who are legal refugees there, but they have been unable to make that claim at a land border, their U.S. lawyer told the BBC.

According to the lawyer, U.S. officials are refusing to release the detained relatives unless they travel to Canada by air — an option that requires a visa the family does not currently have. That visa application is under review, leaving the relatives unable to enter Canada and therefore unable to submit asylum claims there. While their lawyers characterize the situation as a bureaucratic limbo between the United States and Canada, U.S. authorities say release conditions require entry to Canada by air.

Asal said she spends most afternoons on the phone trying to reach her detained family and has tried multiple avenues to secure their release. The family members have been held in ICE facilities for months, according to the BBC report, and face the prospect of deportation while their ability to make a Canadian asylum claim remains on hold.

Lawyers and advocates cited changes to U.S. asylum policy under the administration of former President Donald Trump as a factor that has complicated cross-border asylum processes. The BBC report said those policy shifts have contributed to situations in which people who might qualify for protection in Canada remain detained in the United States because of how claims and releases are being handled.

Canadian asylum rules generally allow those with immediate relatives in the country to file claims at a land border, but the detained family members have been told by U.S. authorities that they will not be released unless they can enter Canada by air. Without an approved visa, air travel is not possible.

Immigration lawyers working on the case have urged expedited review of the visa application and have described the family's circumstances as an example of how administrative and policy changes can produce unintended gaps in protections for migrants. The detained relatives' U.S. lawyer told the BBC that the circumstances place the family at heightened risk of deportation before they can pursue protection in Canada.

The BBC report used an alias for the Toronto woman to protect her identity. The detained family members and their lawyers have remained in contact with her, according to the report. The current status of the visa application and any formal responses from U.S. or Canadian immigration authorities were not detailed in the story.

The case highlights tensions that can arise where immigration procedures intersect across borders and the practical effects of policy changes on individual asylum seekers. Asal said she has pursued legal and administrative routes to reunite her family but has so far been unable to secure their release from ICE custody while their pathway to make a Canadian claim remains blocked.

The family faces ongoing detention and a potential deportation order as the visa process continues. Advocates for migrants and immigration lawyers monitoring similar cases say delays and procedural mismatches between countries can place asylum seekers in prolonged detention even when they may be eligible for protection elsewhere. No further public statements from U.S. Immigration and Customs Enforcement or Canadian immigration officials were reported alongside the BBC's account.