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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. Subsequent Trump and Court Action

    January 15, 2020

    U.T. v. Barr

    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.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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  4. Subsequent Trump and Court Action

    December 18, 2020

    Asylum Cooperative Agreement with Honduras Finalized

    DHS announced that the United States and Honduras have concluded the implementation accords for the Asylum Cooperative Agreement, under which certain migrants requesting asylum or similar humanitarian protection at the border will be transferred to Honduras to seek protection in Honduras.

    [ID #1253]

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  5. Subsequent Trump and Court Action

    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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  6. Subsequent Trump and Court Action

    July 8, 2025

    2025.07.08 DHS - Agreement between U.S. and Honduras on Asylum Protection Requests

    On July 8, 2025, DHS published an agreement with Honduras under which certain non-Honduran migrants who seek asylum or other humanitarian protection in the U.S. may be removed to Honduras to seek protection there. Under the agreement, the United States will determine protection requests for individuals determined by the U.S. to be unaccompanied minors or individuals who arrived in the U.S. with a valid visa or admission document or who were not required to have a visa to enter the U.S. The agreement between the countries was signed in March 2025 and amended in June 2025 to clarify that it will apply retroactively to individuals who seek protection in the U.S. before the date the agreement enters into force, and not just to those who seek protection on or after the agreement goes into effect.

    The first Trump administration signed ACAs with Honduras, Guatemala, and El Salvador in 2019, and the Biden administration terminated these agreements in 2021 as described in a prior entry. The ACAs, also known as "safe third country" agreements, were subject to criticism during the first Trump administration on the grounds that Honduras, Guatemala, and El Salvador did not have functional asylum systems and could not protect migrants from gang violence or gender- and sexuality-based persecution.

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  7. 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.

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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?

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  • 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."

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