Skip to main content

United States and Honduras sign Asylum Cooperative Agreement

  1. Original Date Announced

    September 25, 2019

    The United States signed a "safe" third country agreement, similar to the agreements signed with Guatemala and El Salvador. The agreement, signed by Acting Secretary Kevin K. McAleenan, allows the U.S. to transfer certain asylum seekers to Honduras. This agreement is not applicable to Honduran citizens or residents and guarantees that it will be applied to unaccompanied minors consistent with U.S. law.

    [ID# 1083]

    Third Country Agreement between U.S. and Honduras
  2. Effective Date

    September 25, 2019
  3.  
  4. Biden Administration Action: Revoked/Replaced

    February 6, 2021

    Suspending 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 Document

Current Status

Not in effect

Most Recent Action

February 6, 2021 Action: Revoked/Replaced Suspending and Terminating the Asylum Cooperative Agreements with El Salvador, Guatemala, and Honduras
February 6, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Agency Directive
Agencies Affected: CBP USCIS DOJ

Pre Trump-Era Policies

  • 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) establishes an exception to asylum and allows 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 equivalent temporary protection."

    8 U.S. Code § 1158

Commentary

  • HRF |Is Honduras Safe for Refugees and Asylum Seekers?

    Go to article
  • 2021.01.18 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, among other things, that "The ACAs appear to violate U.S. law and international obligations by sending asylum seekers and refugees to countries where their lives or freedom would be threatened . . . The Trump administration radically distorted the intent and meaning of the 'safe third country' provision in U.S. law, constructing the ACAs to function as a broad bar to asylum rather than an exception to the right to seek asylum . . . [and] The White House and DHS used coercive tactics to compel the governments of Guatemala, Honduras, and El Salvador to sign the ACAs."

    Go to article

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.