(h) Other cooperation operations in the field of asylum. 1. The immigration judge has the power to apply section 208(a)(2)(A) of the Act relating to the provision that an alien may be deported to a third country under a bilateral or multilateral agreement, with the exception of the 2002 Agreement between the United States and Canada, where an alien is subject to the provisions of the agreement in question and is placed in a proceeding under section 240 of the Act. In an appropriate case, the immigration judge decides whether the alien should be deported to the third country under the corresponding convention or whether the alien should be allowed to assert asylum or other rights to protection in the United States. If more than one agreement applies to the alien and the alien`s removal is ordered, the immigration judge must apply to other removal orders to each relevant country. In July 2019, Guatemala and the United States signed an Asylum Cooperation Agreement (ACA), also known as the Safe Third Country Agreement. The agreement allows the U.S. to deport asylum seekers to Guatemala, even if they are not from there. In late May 2019, the U.S. Department of Homeland Security (DHS) Minister met with the director of the Guatemalan Migration Institute (IGM), who requested a “five-year freeze” on readmission for people transferred from the United States to Guatemala (or transfers) as part of a possible agreement, likely to deter transfers from returning to the United States. [22] Last year, tens of thousands of asylum seekers left Guatemala en route to the United States or transited through Guatemala. In mid-June 2019, when the Trump administration publicly announced negotiations on the U.S.-Guatemala deal, it was aware (according to an assessment by the U.S. Embassy in Guatemala) that Guatemala was “one of the most dangerous countries in the world” and that the very rudimentary asylum system was a few hundred behind.

[23] However, proponents like Schacher fear that the United States will work to implement asylum cooperation agreements with El Salvador and Honduras, countries even less able to offer protection than Guatemala. Honduras, for example, was a willing partner for the Trump administration, and Guatemala opposed U.S. deportation flights during the pandemic, which helped spread Covid-19 from U.S. detention centers to Latin America. Schacher said that if it continues, and “if it gets boring enough for the United States, I can see the United States. Start sending Guatemalans to Honduras. Contrary to legal and regulatory prohibitions that certain aliens are not entitled to asylum, see, for example.B. INA 208 (b) (2) (A), (C), 8 U.S.C 1158 (b) (2) (A), (C), the ACA lock refers to the question of whether an alien can apply for asylum. Unlike restrictions on the granting of asylum, the ACA`s application for a ban does not assess whether an alien would ultimately receive asylum assistance if he or she were able to make an application or whether the alien could provisionally justify a significant possibility that the alien would be entitled to asylum. INA 208(a)(2)(A), 8 U.S.C. .

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Written by shivamsood

I am a social activist and social worker based out of New Delhi. I fight for the basic civic rights of citizens such as water, electricity, hygiene, education, public health & safety. My mission is and always has been to get all citizens their basic civic & human rights. My fight is not against one individual or government but is against any institution, person or entity that denies citizens their rights.