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Original Date Announced
July 26, 2019Under a DHS agreement with the government of Guatemala, the US may deport asylum seekers to Guatemala if they pass through Guatemala en route to the U.S. and fail to request protection there. The agreement does not apply to Guatemalan nationals. Guatemala agrees not to remove asylum seekers deported from the U.S. without consideration of the merits of their protection requests. The agreement was signed by Acting Secretary McAleenan.
[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-Era Action(s)
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November 20, 2019
Agreement between the US and Guatemala on the examination of protection claims
Nov. 20, 2019: This bilateral agreement regarding the examination of protection claims applies to people who wish to enter Guatemala legally for Guatemala's refugee protection system.
View Document -
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 effectFebruary 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
- September 20, 2019 United States and El Salvador sign Asylum Cooperative Agreement
- September 25, 2019 United States and Honduras sign Asylum Cooperative Agreement
- December 17, 2020 DHS and DOJ issue joint third country asylum final rule
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
Commentary
Reuters | Guatemala agrees to new migration measures to avoid Trump sanctions threat
Go to articleHRF | Failure of Protection
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