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Original Date Announced
July 26, 2019The United States and Guatemala sign an Asylum Cooperative Agreement (ACA). The agreement, signed by Acting Secretary Kevin K. McAleenan, allows the U.S. to transfer certain asylum seekers to Guatemala. This agreement is not applicable to Guatemalan citizens or residents and guarantees that it will be applied to unaccompanied minors consistent with U.S. law.
[ID #84]
Agreement Between the Government of the U.S. and The Government of Guatemala On Cooperation Regarding the Examination of Protection Claims (English) Acuerdo Entre El Gobeierno De Los E.E.U.U. y el Gobierno de la República de Guatemala Relativo a la Cooperación Respecto al Examen de Solicitudes de Protección (Spanish)Effective Date
July 21, 2019Subsequent Trump and Court Action(s)
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November 20, 2019
Agreement between the US and Guatemala on the examination of protection claims
DHS published in the Federal Register a Notice of Agreement containing the Asylum Cooperative Agreement discussed in this entry.
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January 15, 2020
U.T. v. Barr Complaint
On January 15, 2020, the ACLU, National Immigrant Justice Center (NIJC), Center for Gender & Refugee Studies, and Human Rights First filed a lawsuit challenging the Trump administration’s policies that are resulting in asylum-seekers being sent to so-called “safe” third countries to apply for asylum rather than being allowed to file asylum claims in the U.S. Cross motions for summary judgment remain pending with the court as of Oct. 26, 2020.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
December 29, 2020
DHS Announces Guatemala, El Salvador, and Honduras Have Signed Asylum Cooperation Agreement
DHS announces that Guatemala, El Salvador, and Honduras have all signed Asylum Cooperation [sic] Agreements (ACA) and that all three ACAs have entered into force. The agreements allow the United States to remove certain migrants seeking humanitarian protection to the ACA countries.
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Biden Administration Action: Revoked/Replaced
February 6, 2021Suspending and Terminating the Asylum Cooperative Agreements with El Salvador, Guatemala, and Honduras
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On Feb. 6, 2021, the State Department announced that the U.S. had suspended and initiated the process to terminate the asylum cooperative agreements with Guatemala, Honduras, and El Salvador. According to the press release, the termination of these agreements will be effective only after the notice period stipulated in each of the agreements, but the suspension is effective immediately.
View DocumentCurrent Status
Not in effectMost Recent Action
February 6, 2021 Action: Revoked/Replaced Suspending and Terminating the Asylum Cooperative Agreements with El Salvador, Guatemala, and HondurasFebruary 6, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CAT BorderAssociated or Derivative Policies
- July 16, 2019 DHS and DOJ issue joint third country asylum rule
- September 20, 2019 United States and El Salvador sign Asylum Cooperative Agreement
- September 25, 2019 United States and Honduras sign Asylum Cooperative Agreement
Pre Trump-Era Policies
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December 29, 2004
The United States and Canada signed a Safe Third Country Agreement on December 5, 2002, based on mutual acknowledgement of the international legal obligations of the Parties under the principle of non-refoulement set forth in the Convention and Protocol and recognition that both countries offer generous systems of refugee protection, recalling both countries’ traditions of assistance to refugees and displaced persons abroad.
Canada-U.S. Safe Third Country Agreement -
December 23, 2008
Section 208(2)(A) established an exception to asylum and allowed return to a "safe third country" only if: "the alien's life or freedom would not be threatened" and "the alien would have a full and fair procedure for determining a claim to asylum or equivalant temporary protection."
8 U.S. Code § 1158
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
Reuters | Guatemala agrees to new migration measures to avoid Trump sanctions threat
Go to articleHRF | Failure of Protection
Go to article2021.01.18 Staff Report, Senate Committee on Foreign Relations
On January 18, 2021, the Senate Foreign Relations Committee Democratic staff published a report entitled "Cruelty, Coercion, and Legal Contortions: The Trump Administration's Unsafe Asylum Cooperative Agreements with Guatemala, Honduras, and El Salvador." The report finds that "Determinations by the Attorney General and DHS Acting Secretary that Guatemala provides 'full and fair' access to asylum were based on partial truths and ignored State Department concerns" and that "Asylum seekers transferred from the United States to Guatemala under the ACA were subjected to degrading treatment and effectively coerced to return to their home countries of Honduras or El Salvador, where many feared persecution and harm." The report additionally found that "Since implementation of the U.S.-Guatemala ACA began over one year ago, not one of the 945 asylum seekers transferred from the United States to Guatemala has been granted asylum."
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