Enforcement Actions – CBSA

Enforcement actions by the Canada Border Services Agency (CBSA) represent some of the most serious, urgent, and high-risk situations in Canadian immigration law. CBSA is responsible for immigration enforcement, removals, detention, investigations, compliance monitoring, and the execution of inadmissibility findings. When CBSA becomes actively involved in a person’s immigration file, it often signals elevated concerns relating to identity, admissibility, criminality, misrepresentation, non-compliance, or failed refugee or PR processes. Individuals facing CBSA enforcement action require immediate and sophisticated legal representation to mitigate risks, prevent removal, and preserve long-term immigration options.

Let's have a comprehensive, lawyer-level guide to CBSA enforcement actions, including removal procedures, investigations, interviews, reporting requirements, danger opinions, deferral requests, detention, inadmissibility referrals, deportation orders, and strategic legal responses. It is written for counsel, advanced practitioners, and individuals confronting enforcement-related complications.

CBSA’s Enforcement Mandate

CBSA enforces provisions of:

• IRPA (Immigration and Refugee Protection Act),
• Criminal Code (in cooperation with police),
• Customs Act,
• national security legislation.

CBSA has broad authority to investigate, detain, question, and remove individuals who violate immigration laws or pose security risks.

Primary Areas of CBSA Enforcement

• removal orders and deportation,
• investigations and enforcement interviews,
• admissibility referrals to ID,
• detention and detention reviews,
• danger opinions (security and serious criminality),
• monitoring of conditions and reporting,
• passport and travel document seizure,
• identity verification actions.

1. Removal Orders

CBSA carries out three types of removal orders:

• Departure Order – must leave within 30 days and confirm departure.
• Exclusion Order – bars return to Canada for one year (longer in some cases).
• Deportation Order – permanent bar unless Authority to Return to Canada (ARC) is obtained.

Most enforcement engagements begin when a removal order becomes enforceable—typically after failed refugee claims, negative PRRA decisions, or inadmissibility findings.

Enforceable vs. Stayed Removal Orders

A removal order is stayed (temporarily frozen) if:

• a pending refugee claim exists,
• a RAD appeal is ongoing,
• a PRRA bar period applies,
• a statutory stay exists due to certain Federal Court proceedings.

Once the stay lifts, CBSA can move quickly to enforce removal.

2. CBSA Removal Procedures

Once removal is scheduled, CBSA typically:

• calls the individual for an interview,
• confirms identity and travel documents,
• issues a “Removal Notice,”
• books a deportation flight,
• requires reporting to a specific CBSA office,
• may detain if non-compliance is suspected.

At this stage, legal counsel must consider:

• a stay motion,
• a deferral request,
• a PRRA submission (if eligible),
• a humanitarian application (H&C),
• a TRP request (rare),
• a danger opinion challenge (if applicable).

3. Deferral Requests to CBSA

A deferral request asks CBSA to postpone removal due to:

• medical emergencies,
• pending PR applications,
• children’s best interests,
• upcoming court dates,
• lack of travel documents,
• new risk information.

CBSA may deny deferral, at which point Federal Court litigation becomes necessary.

4. Enforcement Interviews

CBSA enforcement or “investigation” interviews typically cover:

• identity verification,
• address and employment information,
• immigration history,
• criminal charges or convictions,
• misrepresentation allegations,
• status violations,
• preparation for removal.

Anything said in these interviews may be used to support inadmissibility proceedings. Legal counsel should prepare the client thoroughly.

5. Admissibility Referrals to the Immigration Division (ID)

CBSA refers cases to the ID when they believe a person is inadmissible for:

• misrepresentation,
• criminality,
• organized crime,
• security/terrorism (ss.34–37),
• medical reasons,
• non-compliance (overstays, unauthorized work).

ID hearings involve live evidence, cross-examination, and legal submissions. Outcomes often determine whether a person can remain in Canada.

6. Detention and Detention Reviews

CBSA detains individuals who are:

• a flight risk,
• a danger to the public,
• involved in organized crime or security concerns,
• of unconfirmed identity.

Detainees have the right to reviews every 48 hours, 7 days, and 30 days thereafter.

7. Danger Opinions

For individuals found inadmissible for serious criminality or security reasons, CBSA may issue a “Danger Opinion” under IRPA s.115(2), permitting removal despite risk of persecution, torture, or death.

These cases demand the highest level of legal intervention.

8. Passport and Travel Document Seizure

CBSA may seize passports and identity documents to:

• prevent flight,
• verify authenticity,
• prepare for deportation.

Failure to surrender documents can lead to detention.

9. Reporting Conditions & Compliance

Individuals may be required to:

• report weekly/monthly,
• remain at a specified address,
• abstain from certain activities,
• surrender passports,
• post cash or performance bonds.

Non-compliance greatly increases risk of detention or accelerated removal.

10. Humanitarian Options During Enforcement

• H&C applications,
• PRRA submissions,
• TRP for exceptional hardship,
• sponsorship in process,
• Federal Court stay motions.

Common Errors by CBSA

• failure to consider deferral criteria,
• failure to consider best interests of children,
• ignoring new evidence of risk,
• procedural unfairness during interviews,
• misclassification of flight risk,
• unreasonable identity demands.

Role of Counsel in CBSA Enforcement Cases

A skilled lawyer provides:

• crisis-response advice,
• representation in interviews,
• negotiation with removal officers,
• stay motion preparation,
• deferral applications,
• ID hearing advocacy,
• Federal Court litigation.

Strategic intervention often determines whether the client is removed or remains in Canada to continue their immigration process.

CBSA enforcement actions are among the most urgent legal matters in immigration practice. Proper representation can prevent removal, protect families, and safeguard the applicant’s rights during adversarial enforcement procedures.