Canadian refugee applicant detained in U.S. says he crossed border by mistake

A Bangladeshi man who had been living in Canada as a refugee applicant says he accidentally crossed into the United States earlier this year and is now being held in an Immigration and Customs Enforcement (ICE) facility in Buffalo after Canada declined to take him back.

Mahin Shahriar told The Canadian Press he entered the U.S. on May 12 after what he believes was a human trafficking attempt. Shahriar said he was struggling with depression when a friend near Montreal offered him a short stay to recover. The location turned out to be close to the Canada–U.S. border, and after following directions over the phone, he realized too late that he had crossed into the U.S.

Shahriar said he approached U.S. border officers seeking help to return to Canada but was detained instead. His lawyer, Washim Ahmed, said ICE has acknowledged that Shahriar could face harm if deported to Bangladesh but that he remains in custody while authorities determine next steps. Shahriar faces obstruction of justice charges in Bangladesh for helping his mother and sister flee the country.

According to Ahmed, Canadian officials have refused to allow Shahriar’s return despite his family’s legal status in Canada. His mother is a recognized refugee, and his sister is a full-time student. Ahmed said he is preparing an urgent Federal Court application to compel the Canada Border Services Agency (CBSA) to accept Shahriar’s transfer on humanitarian grounds.

Under the Safe Third Country Agreement, refugees must seek asylum in the first safe country they enter. Ahmed argues that because Shahriar was detained within days of crossing, Canada should accept him back under the agreement’s provisions. The CBSA declined to comment on the specific case but said entry to Canada is assessed individually and that it does not intervene in foreign immigration detentions.

Shahriar, who has lived in Canada since 2019 and worked as an Uber driver, said his family is under severe emotional and financial strain. His mother has been hospitalized for depression, while his sister is struggling to continue her studies.