In a harsh rebuke of America’s treatment of refugees, a Canadian judge has ruled that an asylum treaty with the U.S. violates Canada’s own charter of human rights, because it returns asylum-seekers to the U.S., where they are “immediately and automatically imprisoned” by U.S. authorities, often under inhumane conditions.

The “Safe Third Country Agreement” denies refugees the right to enter Canada if they had crossed through another country that offers human rights protections. Since 2004, the U.S. has been designated as a “safe” country — so any refugees entering Canada through official checkpoints have usually been turned away. Judge Ann Marie McDonald ruled Wednesday that the agreement violates Canada’s charter because of what happens when the refugees are taken into U.S. custody.

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