Police Ask for Immigration Status: A Canadian Perspective

When it comes to interacting with law enforcement in Canada, the nature of questioning can vary significantly based on the circumstances and the city or province in which you reside. This article explores the intricacies of whether and how police might ask for your immigration status during various interactions.

General Police Interactions and Identity Verification

When approaching a police officer to make an in-person report, you may be requested for a unique identifier like a social insurance number to ensure your identity is verified. However, this is not a direct request for your immigration status. While scenarios similar to "stop and ID" do occur, especially in cities like Toronto, the primary purpose is not to target or identify illegal immigrants.

For instance, during my visit to Hamilton, I was approached by a police officer on two occasions. In the first instance, during Christmas, the officer asked general questions and offered my family and I a free admission ticket to a hockey game. In the second instance, a traffic violation was cited due to an expired vehicle registration, but no questions regarding immigration status were asked.

Police Investigations and Immigration Status

Police may ask for immigration status if they are investigating a business suspected of paying workers 'under the table.' In these cases, proof of identity is required, but such investigations are targeted and specific. Generally, routine questioning for immigration purposes during general law enforcement interactions does not occur in Canada, except in certain circumstances detailed below.

Sanctuary Cities and Police Practices

The policies of police departments can vary widely between different cities and provinces in Canada, particularly regarding sanctuary cities. These cities are bound by local ordinances that prohibit or restrict law enforcement from asking about immigration status or enforcing federal immigration laws. However, national laws and policies may still be applied.

Sanctuary cities, such as Toronto, aim to protect undocumented immigrants by ensuring they can come forward without the fear of deportation. Consequently, the presence of police in immigrant communities is viewed differently, with these communities being more likely to report crimes.

It is important to verify the specific stance of the city and province in question. For example, if you are in a sanctuary city like Toronto, local policies may prevent police from asking about immigration status. However, if you are in a province that does not classify as a sanctuary, provincial laws might dictate that officers can still ask such questions.

Exceptions and Caution

Despite these general guidelines, rare exceptions do exist. For instance, a Canadian born and raised individual can be deported based on circumstances unrelated to their residency status, as in the case of an Aboriginal Canadian born in Canada but adopted by Taiwanese immigrants, who was deported for a marijuana possession charge in the 1970s.

Therefore, it is essential to exercise caution and be aware of the local laws and practices. While the federal government has limited methods to deport citizens, state and local policies can still play a significant role in this process. Always stay updated with local news and legal updates to ensure compliance and protection.

Conclusion

In summary, while police in Canada do not routinely ask about immigration status during most routine interactions, specific circumstances and the city or province you reside in can influence these practices. It is crucial to understand the local policies and stay informed to avoid any potential issues.