CBSA issued an immigration warrant for your arrest: what it means and what to do

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 12, 2026

Published November 13, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 12, 2026: IRPA ss. 55 and 57, IRPR ss. 245–248 and CBSA’s removals page checked that day.

CBSA’s own removals page says that if a person fails to appear for a removal interview or a scheduled removal date, CBSA can issue a Canada-wide warrant for their arrest, and once arrested, they may be held until removal. In our experience, a warrant almost always leads to immigration detention. It also counts against you later: past failure to appear is one of the factors used to decide whether someone is a flight risk. But a warrant is not the end of every option. It does not stop you from making a humanitarian and compassionate application to remain in Canada, and how you deal with the warrant affects the detention review that follows.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises people with CBSA warrants, arranges voluntary surrender, and represents clients at detention reviews; this guide is by Pardeep S. Grewal.

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What an immigration warrant is

Under section 55 of the Act, an officer may issue a warrant for the arrest and detention of a foreign national or permanent resident if there are reasonable grounds to believe they are inadmissible and a danger to the public or unlikely to appear for an examination, a hearing or removal. Missing a removal date is the most common reason. The warrant is entered in police databases, so a routine traffic stop can lead to arrest.

Arrest and detention

If you are arrested, CBSA decides whether to keep you in detention. If it does, the Immigration Division must review the detention within 48 hours, again within 7 days, and then at least once every 30 days (IRPA s. 57). The Division looks at the factors in IRPR ss. 245–248, including:

Voluntary surrender

Turning yourself in, with a lawyer arranging the time and place, usually looks better at a detention review than being arrested at a traffic stop. It shows you are willing to deal with the process. It doesn’t ensure release, and it is a decision to make with advice, because it often means detention until removal.

An H&C application is still possible

A warrant does not bar you from applying for permanent residence on humanitarian and compassionate grounds. The application doesn’t stop removal on its own (see removal while an H&C is pending), and people with an outstanding warrant are excluded from some administrative deferrals, such as the one under the out-of-status spouse policy. But it remains a route to status, and it can support a later deferral request or stay motion.

Why this needs a lawyer

One lawyer, one file, every step:

• finding out why the warrant was issued and what CBSA has on file;
• planning a voluntary surrender and preparing for the first detention review;
• proposing alternatives to detention, such as a bondsperson and reporting conditions;
• preparing an H&C application, and a deferral request or stay where there are grounds.

The first detention review comes within 48 hours. What you can show then about your ties, a bondsperson and your plans often decides whether you are released, so the preparation has to start before you surrender.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can bring a motion to stay a removal in the Federal Court. An immigration consultant cannot file or argue it there.

If CBSA has already detained you or a family member, the first detention review is held within 48 hours, usually by video. See what to do in the first 48 hours after detention, or contact our immigration detention review lawyers.

Mistakes I have seen

• Hoping the warrant will go away. It stays active until it is executed.
• Surrendering with no plan for the detention review.
• Assuming the H&C route is closed because of the warrant.
• Missing more appearances, which makes release less likely.

Frequently asked questions

Will I definitely be detained?

Not always, but it is very likely. Release depends on the detention review factors and the alternatives you can offer.

Can I apply for H&C with a warrant?

Yes. It doesn’t stop removal on its own, but it is a route to status.

Does the warrant expire?

No. It stays in force until you are arrested or it is cancelled.

Related guides: CBSA enforcement interviews, removal while an H&C is pending, humanitarian and compassionate applications, a stay after a PRRA or deferral refusal.

What should I do right now?

Don’t wait to be stopped. Get advice now on why the warrant was issued, whether and how to surrender, and what you can offer at a detention review.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Act, s. 55
• Immigration and Refugee Protection Act, ss. 57–58
• Immigration and Refugee Protection Regulations, ss. 245–248
• CBSA: Enforcing removals from Canada (modified October 5, 2026)

This article is general information, not legal advice. Every case depends on its own facts.