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Original Date Announced
November 19, 2019DOJ and DHS publish an interim final rule to implement Asylum Cooperative Agreements (ACAs), which applies to individuals who arrive at a U.S. port of entry, or enter, or attempt to enter the U.S., between ports of entry, on or after November 19, 2019. The rule amends 8 C.F.R. § 208.30 by requiring asylum officers to determine whether the individual: is subject to one or more ACAs; falls within any exception to the applicable ACAs; and would more likely than not be persecuted on account of a protected asylum ground or tortured in the receiving country. If the asylum officer determines that the individual is not subject to an ACA; falls within an exception to each applicable ACA, or would more likely than not be persecuted on account of a protected ground or tortured in each of the prospective receiving countries, then the asylum officer will assess the merits of the credible fear claim as usual. This rule also amends 8 C.F.R. § 1003.42 requiring immigration judges to make determinations in the context of removal proceedings. The IFR was signed by Acting Secretary Wolf and AG Barr. [ID #116]
Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality ActEffective Date
November 19, 2019Subsequent Trump and Court Action(s)
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January 15, 2020
U.T. v. Barr - Civil Rights Litigation Clearinghouse
For more information, see the U.T. v. Barr page at the Civil Rights Litigation Clearinghouse.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
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 new 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. The complaint alleges that the rule violates the INA’s safe third country provision, the withholding of removal statute, and the expedited removal statute, among other provisions. See U.T. v. Barr (D.D.C.1:20-cv-00116). Cross motions for summary judgment remain pending with the court as of Oct. 26, 2020.
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Biden Administration Action: Other
February 6, 2021Suspending and Terminating the Asylum Cooperative Agreements with the Governments El Salvador, Guatemala, and Honduras
This Biden administration action eliminated the present effects of the Trump-era IFR identified in this entry but had no effect on the IFR itself, which remains in place.
On February 6, 2021, the State Department issued a press release announcing that the United States has suspended and initiated the process to terminate the Asylum Cooperative Agreements with the Governments of El Salvador, Guatemala, and Honduras. The termination of these Agreements is effective after the notice period stipulated in each of the Agreements, but their suspension is immediate.
View DocumentCurrent Status
Fully in EffectMost Recent Action
February 6, 2021 Action: Other Suspending and Terminating the Asylum Cooperative Agreements with the Governments El Salvador, Guatemala, and HondurasFebruary 6, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: RuleSubject Matter: Border Asylum, Withholding and CATAssociated or Derivative Policies
Pre Trump-Era Policies
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
8 U.S. Code 1158
Section 8 U.S.C. 1158 authorizes the executive branch to enter into “bilateral or multilateral agreement[s]” for the removal of asylum seekers to third countries. Those agreements must satisfy two primary requirements: (1) the third country must provide access to “full and fair” asylum procedures; and (2) must be a place “in which the alien's life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion."
Go to articleCGRS Response to DHS Request for Comments on Implementing Bilateral and Multilateral Asylum Cooperative Agreements
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