The Trump administration is sending back to Mexico migrants who move into a port of entry or who are arrested when they try to cross the southern border to await decisions on their asylum claims. Under the policy known as « Remain in Mexico, » the United States has, according to U.S. Customs and Border Guards, returned about 57,000 migrants to Mexico. Refugees International and Human Rights Watch would like to thank the asylum seekers and migrants who have generously shared their experiences with us. Refugees International and Human Rights Watch would also like to thank Leonel Dubon, director of the Nize Refugio. Father Mauro Verzeletti, director of Casa del Migrante; and Gabriela Mundo, Director of International Relations in the Office of the Human Rights Ombudsman.  Sofia Menchu, « New Guatemalan Government Won`t Cancel US Asylum Deal, » Reuters, January 22, 2020, www.reuters.com/article/us-usa-immigration-guatemala/new-guatemalan-government-wont-cancel-u-s-asylum-deal-idUSKBN1ZL2LA. Safe Third Country Agreements should never be a way to shift the burden of taking asylum seekers into other countries, but that seems to be the way Trump is trying to use them. Even if the administration does not call them « safe third countries, » that is essentially what they are.
Human Rights Watch spoke with a woman and her two sons (17 and 11) from Honduras. Due to a series of gang threats against them, they had moved four times to different locations inside Honduras. At the last place they lived, the woman said, she was told to pay a « war tax » every Thursday. When the gang gave her a note saying they would take her youngest son out of school if she didn`t pay, she decided to go to the United States to claim asylum. She said they could not go home, but she said she didn`t know anyone in Guatemala and couldn`t support her children. She said she didn`t know what to do next.  (6) Asylum Cooperation Agreements. Immigration judges are empowered to: consider the issues under section 208 (a) (a) (A) (A) of the law concerning whether a foreigner has the right to seek asylum and who, in accordance with a bilateral or multilateral agreement, should be deported to a third country, only for foreigners who are introduced by DHS in a deportation procedure in accordance with Section 240 of the Act, in accordance with Section 8 CFR 1240.11 (g) and h).
DHS provisions on immigration purposes are available at 8 CFR 208.30 (e) (6) and (7). When an asylum officer or ij finds that a foreigner is not allowed to apply for asylum under Section 208(a) (a) (A), the foreigner also does not have the opportunity to apply for asylum under Section 241 (b) (3) (A) of the INA, 8 U.S.C. 1231 (b) (3)). The purpose of Section 208 (a) (2) (A) – and an agreement between the United States and another country under that agreement – is to « give a particular country (but not both) responsibility for the treatment of a foreigner related to fear of persecution or torture in the country of origin of the foreigner. Implementation of the agreement between the Government of the United States of America and the Government of Canada on transit and shore-based refugee claims Border Ports of Entry, 69 FR at 10620 (DHS) (proposed rule). This objective would be null and void if the United States remained responsible for the decision on its detention and CTU protection, even though, in Section 208 (A) (A) and another ACA country, it was responsible for the decision on a foreign person`s claim.