Politics

Border agents checked the immigration status of students at a Calgary protest — here's what happened

Graham ThorntonPublished 2month ago5 min readBased on 3 sources
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Border agents checked the immigration status of students at a Calgary protest — here's what happened
Photo by Ken Lund from Reno, Nevada, USA / CC BY-SA 2.0

On Aug. 12, Canada Border Services Agency (CBSA) officers showed up at a protest in Calgary and checked the immigration status of people demonstrating there.

It started when Calgary police asked CBSA to verify the status of four people at the scene. The checks ended up covering 20 people. Twelve were flagged as possibly breaking immigration rules and told to report to a CBSA office later that day for follow-up interviews.

CBSA spokesperson Rebecca Purdy confirmed that two of the four people initially checked were not complying with their immigration status. She said privacy rules stopped the agency from sharing more details (The Globe and Mail).

The protest is part of a weeks-long demonstration in northeast Calgary. International students say they cannot get post-graduation work permits, which are special documents that let foreign graduates of Canadian schools work in Canada after finishing their studies. Similar protests involving Indian students have been held in Edmonton.

The students are protesting because of policy changes the federal government made in 2024. The new rules made it harder to qualify for a post-graduation work permit. Now, college graduates must have studied in specific fields that match Canada's long-term labour market needs.

Jaskirat Kaur, an organizer of the Calgary protest, confirmed that two people were found not complying with their immigration status (Calgary Herald).

Having border officers check people's status at a protest has drawn sharp criticism. Syed Hussan, a spokesperson for the Migrant Rights Network, called for an investigation and described what happened as "deeply alarming." He said border officers demanded identification from migrants who were exercising their rights under the Canadian Charter of Rights and Freedoms, which guarantees the freedom to gather peacefully.

Toronto immigration lawyer Ravi Jain questioned whether border officers were even allowed to do immigration checks at a protest. He compared their actions to those of U.S. Immigration and Customs Enforcement officers. Under Canada's immigration law, Jain said, officers may examine a person only if that person is making an immigration application, trying to enter Canada, or making a refugee claim. None of those situations applied to the protesters, he argued.

Separately, Jatin Shory, a Calgary immigration lawyer with Shory Law, is representing about a dozen international students who are challenging their work permit denials in Federal Court (CBC).

The broader context here is a clash between two things: the power CBSA officers have to enforce immigration law, and the Charter-protected right to protest peacefully. Jain's argument is about whether the law itself gives officers the authority to check people at a demonstration, not about how individual officers behaved. If officers can only examine people in the specific situations Jain identifies, then the legal basis for approaching protesters and demanding identification would be very narrow. CBSA has not, in the reporting available, publicly explained the specific legal power it used to conduct the wider checks beyond the initial four-person request from Calgary police.

The situation also shows how federal immigration policy and local policing can overlap. Calgary police started the contact with CBSA by asking for a status check on four people. That request grew into on-site checks of 20 people, a widening of scope that raises questions about when immigration enforcement is appropriate at a public protest. The Migrant Rights Network's call for an inquiry reflects concern about this specific incident and about the precedent it could set for enforcement against non-citizens who are exercising constitutional rights on Canadian soil.

For people who work in immigration law, the case is worth watching for several reasons. The Federal Court challenges led by Shory deal with whether the work permit denials under the 2024 field-of-study restrictions were fair. The CBSA protest checks, meanwhile, may test the limits of what border officers are allowed to do under the Immigration and Refugee Protection Act, the law that sets out when officers may examine people. How the agency explains its authority to check status at a protest, and whether that explanation holds up in court, is an open question.

The policy backdrop adds pressure. The 2024 changes to the post-graduation work permit program were part of a broader tightening of the international student system, including caps on study permits and new eligibility rules designed to match immigration with labour market needs. Students who enrolled under earlier, more open rules now find themselves caught between the expectations they say they were given and the stricter policy that now governs them. That gap between what students expected and what the rules now say is what brought them to the streets of northeast Calgary, and what brought CBSA officers to meet them there.