Refugee lawyers who had been turned back at the Canadian border questioned the pact and said the United States was not considered “safe” under President Donald Trump. Since the Trump administration began strengthening asylum rules, the deal has been scrutinized by its critics. Many supporters of Canadian immigration have denounced the third-country agreement, which says the United States is no longer a haven for refugees. But there are other issues that also need to be addressed with regard to this agreement. When it was adopted, Canada and the United States agreed that this would only apply to people who would show up at official border crossings. As a result, asylum seekers attempting to enter Canada through legal channels were often blocked and returned to the United States, while others who arrived at so-called “irregular” or illegal border crossings were allowed to stay. Ahmed Hussen, speaking as Canada`s Minister of the IRCC, said the terms of the agreement on the security of third-country nationals are still being respected. The ruling Liberal Party of Canada has not indicated any plans or intentions to suspend the agreement.  In 2018, Canada has resettled more refugees than any other country. On July 22, 2020, the Federal Court of Canada ruled that the agreement on safe third-country nationals was invalid because it violated the rights of asylum seekers, particularly those guaranteed under Section 7 of the Canadian Charter of Rights and Freedoms on “Life, Liberty and Security.”   As with the application of STCA, refugees returning to the United States are detained and imprisoned there, which is a “predictable” consequence of Canada`s action. The decision was suspended for six months to give the Canadian Parliament time to take a stand and is being appealed to the Federal Court of Justice and possibly the Supreme Court of Canada.
 The Bundesgerichtshof`s decision was suspended on 26 October 2020 pending a decision by the Federal Court of Appeal.  Experts said that the suspension of the agreement would have a huge impact on the U.S.-U.S. The relationship. In Canada, calls have been made to suspend or renegotiate the agreement with the United States. Concerns have been raised about the lack of security legislation for refugee protection in the United States. This security problem and argument give refugees legitimate reasons to turn around in Canada to lead a better life. On December 29, 2005, a group of refugee and human rights organizations (in Canada and the United States) launched legal action against the U.S. claim as a safe third country for asylum seekers. This action was supported by prominent figures such as Justice Michael Phelan of the Federal Court of Canada on November 29, 2007 and many others. The agreement has been under intense scrutiny by U.S. President Donald Trump`s administration since the start of tightening asylum rules. Under the agreement, refugee claimants must apply in the first country they arrive between the United States or Canada, unless they are entitled to a waiver.
For example, asylum seekers who are citizens of a country other than the United States and who arrive from the United States at the land border between Canada and the United States can only assert their rights to refugees in Canada if they fulfill an exception under the Safe Third Country Agreement. The agreement was signed on December 5, 2002 in Washington, D.C. by Bertin Cété (Deputy Head of Mission, Canadian Embassy) and Arthur E. Dewey (Assistant Secretary of State for Population, Refugees and Migration, United States).