Maybe you missed an interview years ago because you were afraid. Maybe you moved and never updated your address. Maybe a removal date came and went. Now you have learned there is an immigration warrant for your arrest, and every traffic stop feels like it could be the end. It does not have to be handled that way.
Why the CBSA issues warrants
The CBSA can issue an immigration warrant when it has reasonable grounds to believe a person is inadmissible and either poses a danger to the public or is unlikely to appear for an examination, hearing or removal. The most common reasons are:
- not appearing for a CBSA interview or pre-removal meeting
- not showing up for a scheduled removal
- not reporting a change of address, so the CBSA cannot find you
- breaching release conditions
What a warrant means in practice
An immigration warrant does not expire. It stays in place until you are arrested or the warrant is cancelled. It is visible to police across Canada, which is why people are often arrested during routine traffic stops, at work, or when they contact police for an unrelated reason, including as a witness or victim.
After an arrest, you can be held in immigration detention. The Immigration Division reviews detention within 48 hours, then within the following seven days, and then every 30 days while detention continues. Our post on being detained by the CBSA explains that process.
Arranging to surrender
In many cases, the safer course is to deal with the warrant on your own terms rather than wait to be picked up. A lawyer can contact the CBSA, confirm the warrant and its basis, and arrange for you to report at a set time with a release plan ready.
Voluntary surrender does not guarantee release. It does change the picture. Coming forward counts in your favour on the question of whether you are likely to appear in future, which is the main issue at most detention reviews. A prepared release plan, with a bondsperson, an address and proposed conditions, gives the decision-maker a concrete reason to release you. Our post on preparing a release plan explains what that involves.
Deal with the underlying problem too
The warrant is a symptom. Before surrendering, it is worth knowing where your case stands:
- Is there a removal order, and what type?
- Is there a pending application, such as an H&C or PRRA, that could affect removal?
- Has anything changed since you went out of contact, such as a Canadian spouse or children, a new risk in your home country, or a long period of establishment in Canada?
The answers shape both the release plan and what happens after release. Our post on H&C applications explains when those can help.
What not to do
Do not ignore it. The longer a warrant is outstanding, the harder it becomes to argue that you will comply with conditions.
Do not leave Canada without advice. Leaving can affect what type of removal order you have and whether you need an Authorization to Return to Canada to come back later.
Do not give false information to police or the CBSA if stopped. That creates new problems that are harder to fix than the warrant.
How we can help
At Kabir & Alam, we confirm warrants with the CBSA, arrange voluntary surrenders, prepare release plans and represent clients at detention reviews. Read more about our inadmissibility and immigration litigation work, or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.