Skip to Content Subscribe My Account Manage My Subscriptions FAQ Newsletters Canada Canadian True Crime Canadian Politics Health World Israel & Middle East Financial Post NP Comment Longreads Puzzmo Diversions Comics NP News Quiz New York Times Crossword Horoscopes Modern Life Eating & Drinking Style Sponsored Play for Ontario Travel Travel Canada Travel USA Travel International Cruises Travel Essentials Culture Books Celebrity Movies Music Theatre Television Business Essentials Advice Lives Told Tails Told Shopping Buy Canadian Home Living Outdoor Living Kitchen & Dining Tech Style & Beauty Personal Care Entertainment & Hobbies Gift Guide Travel Guide Deals Savings National Post Store More Sports Hockey Baseball Basketball Football Soccer Golf Tennis Driving Vehicle Research Reviews News Gear Guide Obituaries Place an Obituary Place an In Memoriam Classifieds Place an Ad Celebrations Working Business Ads Archives Healthing Epaper Manage Print Subscription Profile Settings My Subscriptions My Offers Newsletters Customer Service FAQ Newsletters Canada World Financial Post NP Comment Longreads Puzzmo Diversions Modern Life Shopping Epaper Manage Print Subscription HomeNP CommentJamie Sarkonak: Why one man's migrant-running operation was excused by Canadian officialsHe drove people within the U.S. to the Canada border so they could walk over and make an asylum claim, but we can't ban him for itLast updated 5 days ago Approximately one hundred people gathered at Peace Arch Park at the US-Canada border to support Canada-US relations Saturday, April 5, 2025. Photo by Jason Payne/PNGHelping migrants come to Canada for the purpose of making asylum claims is little different from running a tour operation in the area around the border, says Canada’s immigration board. It’s yet another entry on the long list of ways in which people can exploit our system with impunity.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorThe matter was decided by the Immigration and Refugee Board of Canada back in March, but was only published online days ago. A “foreign national” named Kevin Franklin — most likely an American, seeing that is where he was working from, though his country isn’t identified — found himself before the tribunal because Public Safety Canada had declared him inadmissible on the grounds that he was believed to be a human smuggler.Franklin, for his part, admitted to “having transported individuals near the Canadian border on three occasions,” but denied that he facilitated their movement across the border. He also denied that he was in a criminal organization.The National Post newsletter that doesn’t hold back, giving readers the unvarnished truth on media, politics and culture.By signing up, you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Right? will soon be in your inbox.We encountered an issue signing you up. Please try againThe first of the three occasions took place in July 2025. Franklin drove a woman who paid him US$425 (C$590) to a location only a few metres away from the Canadian border, where she crossed on foot. She later claimed asylum.The second involved Franklin driving a man he described as a friend — but who knows — to Plattsburgh, N.Y., which is near the Canadian border. The friend found his way to Canada and claimed asylum.In a third instance, the “phone number of an individual who exchanged messages with Mr. Franklin regarding transportation was found to match the phone number of a person who later made a refugee claim at the Canadian border.”All of these individuals became instantly entitled to Canada’s free health-care program for asylum seekers — which includes free mobility aids, free counselling, free optometry, and many other freebies denied to regular citizens — the moment they completed the necessary forms. They also became eligible to receive the numerous other benefits that come with being an asylum seeker: free lodging in hotels, the ability to spawn Canadian children who will be entitled to a lifetime of free school, legal aid, and so on. And they’ll take up capacity that would have otherwise gone to Canadians for as long as they’re here.Franklin was just one agent in the operation. There were others involved, including his wife, his friend whom he drove to the border, and another man who was involved in arranging transportation.Per the tribunal decision, all of these individuals “co-ordinated logistics, set prices, planned routes, shared information, referred clients to one another, and assumed responsibilities when others were unavailable and/or received payment.”“This level of coordination reflects both structure and continuity,” continued the tribunal. “The transports were not isolated events, but rather formed part of a recurring pattern of conduct carried out by Mr. Franklin and his associates.”But none of this was illegal, said the tribunal. The operation amounted to “facilitating travel within the United States”; dropping someone off just before the border was fine, but taking them to the other side would have been a problem.The tribunal adjudicator didn’t even consider the people who paid to be transported to the border to be illegal entrants because they went to an official port of entry to make their asylum claims: “Seeking entry in this manner is provided for under Canadian law and is not an illegal act.” Notwithstanding the Safe Third Country Agreement, which requires supposed refugees to claim asylum in the first safe country they arrive in. I.e., the United States.Franklin has therefore not been declared inadmissible to Canada, despite the protests of Public Safety Canada. He can continue his smuggling operation in peace, knowing that we are perfectly fine with it. Once again, there are zero consequences for deliberately exploiting our institutions.This happens all the time in the immigration sphere. Parasitic diploma mills that exist primarily to harvest funds from masses of foreign students who have destroyed the labour market for young Canadians are still up and running. They shouldn’t be. Conestoga College, for example, could have been legislated out of existence.Foreign students, meanwhile, are another problem. Of 153,000 individuals flagged for non-compliance with their visa in 2023 and 2024, only 4,057 were investigated. The odds favour the fraudsters because we can apparently only catch a fraction of the fraud.Then there are the hundreds of employers who violate the rules of the temporary foreign worker program — failed inspections, sketchy or absent paperwork, etc. — but who are permitted to continue bringing over guest workers under the scheme regardless. A website called Job Watch Canada has done an excellent job logging these bad actors, showing just how easy it is to keep the privilege of hiring low-wage, out-of-country labour.Our rules are so weak that what should be punishable behaviour is given a complete pass. Actual illegal behaviour, on the other hand, seems to escape investigation most of the time, let alone enforcement. If the rules are ever overhauled, they should make it impossible for a conductor of an underground migrant railroad to be welcomed into Canada.National Post Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.