Aca Agreements

(h) other asylum cooperation agreements. (1) The immigration judge is authorized to apply Section 208 (a) (a) (A) (A) (A) of the Act, which refers to the finding that a foreigner may be deported to a third country under a bilateral or multilateral agreement – with the 2002 agreement between the United States and Canada – if he is a foreigner subject to the provisions of the agreement in question and transferred to a third country in accordance with Section 240 of the Act. In an appropriate case, the immigration judge decides whether to deport the foreigner to the third country under the relevant agreement or to give the foreigner the opportunity to sue for asylum or other protection rights in the United States. If more than one agreement applies abroad and the foreigner is deported, the immigration judge enters alternative deportation orders in each country concerned. But the INA will hinder judicial responses to these risks. Since the INA expressly states that official findings under safe third country agreements are not subject to judicial review, remedies challenging the new rule face considerable obstacles. One possible argument is that prior to the publication of the final rule, public servants should have been subject to the procedure of handover and comments generally required by the Administrative Procedures Act. However, the administration may object to the fact that the new regime is the exception for foreign affairs in the advertising and comment process, since cooperation from other countries is an integral part of the ACA`s activities. First of all, the agreement was opposed by the Office of the Human Rights Ombudsman in Guatemala and four former Guatemalan foreign ministers who filed a complaint with the Constitutional Court to prevent the President from implementing the agreement, declaring it a „safe and imminent threat”[24] and violating the human rights of asylum seekers.

[25] On 14 July, the Guatemalan Constitutional Court issued an injunction against the president who carried out the ACA, unless he followed the constitutional procedures for concluding international agreements that might require the approval of the Guatemalan Congress. [26] Congress adopted Section 208 (a) (2) (A) as a mechanism for countries responsible for refugee protection. These agreements share responsibility between the United States and the third country with which it has formed an ACA, with one or the other country (but not both) responsible for processing refugee claims and other refugee protection claims under the provisions of the ACA. See Article 10620 (explanation of the legal power to enforce cooperation agreements, rather than allowing asylum claims or other remedies in the United States); see also refugee claims made by foreigners from Canada at LandBorder Ports-of-Entry, 69 FR at 10628 (proposed rule) (provided that foreigners subject to the U.S.-Canada agreement „are not allowed to apply for asylum, withhold deportation or to be protected under [CAT] in the United States”).

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