Asylum Agreement With Guatemala

The vast majority of the fear of persecution or torture on the part of the residents of the southern border either did not lead to effective asylum claims or ultimately found that they were not justified by law. For example, at GJ 2018, 34,031 people who received credible anxiety interviews before asylum workers were referred to the DOJ for asylum hearings. Approximately 39% or 13,369 of these individuals have not applied for asylum and are therefore abandoned. Only 5,577 people were granted asylum, or 16.4% of all persons who were returned to the DOJ after credible anxiety interviews, or 27% of those who were returned to the DOJ after a credible anxiety interview and applied for asylum. The success rate decreases when you consider all the asylum claims that are in the DOJ`s case. At GJ 2018, 64,223 asylum applications were assessed by DOJ immigration judges. Only 13,173 or 20.5% were granted. The pressures on the U.S. immigration system and wait times for foreigners wishing to process legitimate claims through the U.S. asylum system are extreme. This delay extends to the immigration court system, where related immigration and detention issues have led to major traffic jams. Since Wednesday, more than 800 Honduran and Salvadoran migrants have been returned to Guatemala under the agreement, according to the Guatemalan Migration Institute.

“They come here without being told that Guatemala is their destination,” she said. “You`re asked, “Do you want to take shelter here or do you want to leave?” And they literally have minutes to decide, without knowing what it means. The Trump administration says the asylum cooperation agreement helps reduce the number of migrants seeking asylum in the United States, not the “safe third country” standard required by U.S. law – the ability to “provide access to a comprehensive and fair process for determining an asylum claim or equivalent temporary protection.” [1] Guatemala`s asylum system is hampered by a limited legal framework that allows senior officials only to authorize applications, resulting in massive bottlenecks in a system that has only recently worked. At the end of March 2020, there was a backlog of 713 cases[2], including each of the few asylum seekers among ACA transfer persons; [3] The inter-ministerial committee charged with dealing with asylum cases had not come into force since the Covid-19 restrictions came into force in mid-March until the report was drafted at the end of April. [4] WASHINGTON – A union representing federal asylum workers said Friday that a Trump administration policy that diverted migrants to Guatemala on the southwestern border is illegally sending a vulnerable population to a country “where their lives and freedom are directly threatened.” This rule maintains the existing rules for the implementation of the agreement between the United States and Canada while inventing a new legal framework in which other AACs will be implemented. While the legal framework for the implementation of the new ACA differs, on some key points, from the previous 2004 rules, in part for the reasons described above, this rule also repeats several key aspects of the implementation of the agreement between the United States and Canada. First, as in the case of the U.S.-Canada agreement regime, prior to the implementation of an ACA subject to this rule, departments will generally determine whether the third country grants asylum seekers “access to a full and fair trial” within the meaning of INA 208 (a) (2) (A).