Asylum Cooperative Agreements

3. None of these agreements have yet entered into force. Between November 21, 2019 and March 16, 2020, the United States transferred 939 Honduran and Salvadoran asylum seekers, mostly women and children, to Guatemala under the U.S.-Guatemala ACA. [10] Only 20 of the 939 transfers – about 2% – applied for asylum in Guatemala, while many were afraid of persecution in their home countries. [11] Beginning in the late 1980s, several European countries, the United States and Canada, began to sign bilateral or multilateral agreements and adopt national laws allowing countries with similar standards and procedures to transfer asylum seekers to “safe” countries where they would be guaranteed access to a full and fair review of international protection claims. Many, but not all, agreements required that the asylum seeker first transit through the designated secure third country, as they were generally based on the principle that the country of the first safe arrival is responsible for reviewing the application. These agreements are called agreements on the security of third-country nationals. Transfer to these countries is sanctioned by international law, assuming that asylum seekers have already found or could find effective protection. UNHCR has established that the transfer of third countries safely should not take place if there is a risk of refoulement (persecution in the third country) or indirect refoulement or chaining (by removal from the third country to the country of origin). [15] The concept of effective protection requires, among other things, that any transferred asylum seeker be guaranteed: immediately after an initial finding of inadmissibility or removal in the context of a section 240 procedure or procedure, see.B. INA 235 (b) (1) (A) (ii), 240 (c) (2) (3), 8 U. C S.1225.b.1):A) (1) (ii), 1229a (c) (2)-3), section 208(a) (2))) A) authorizes an asylum or IJ representative to conduct a threshold review to determine whether a foreigner is excluded from the U.S. refugee claim in accordance with the ACa, 8 U.S.C 1158(a)).2).

A)) This rule provides a mechanism for carrying out these threshold revisions. Under this rule, an asylum officer or IJ will decide whether a foreigner is subject to the ACA and, if so, in cases where the foreigner responds in the affirmative to the fear of deportation to a country that has signed the agreement indicates whether the foreigner can determine in the affirmative that the foreigner is more likely to be persecuted or tortured in that country.