Comments in Response to Interim Final Rule on Implementing Bilateral and Multilateral Asylum Cooperative Agreements under the Immigration and Nationality Act, DHS Docket No. USCIS-2019-0021 and DOJ Docket No. EOIR-19-0021 (Dec. 19, 2019)

On December 19, 2019, Immigration Equality submitted a public comment opposing an interim final rule that allows the U.S. to send individuals seeking asylum along the U.S./Mexico border to countries with which the United States has entered into so-called “Asylum Cooperative Agreements” (ACAs).  Under this rule, individuals are prohibited from applying for asylum in the U.S. and will be removed to a third country if certain requirements are met.  Namely: (1) the U.S. enters into an agreement with a country that is a “third country” for the asylum seeker; (2) the asylum seeker’s “life or freedom would not be threatened in that third country” on account of their race, religion, nationality, political opinion, or particular social group; and (3) the “third country provides [asylum seekers] removed there…’access to a full and fair procedure for determining a claim to asylum or equivalent temporary protections.’” The U.S. has reached agreements with Guatemala, El Salvador and Honduras.  None of these countries are safe for LGBTQ and HIV-positive people, who face widespread persecution and abuse.  For these reasons, Immigration Equality strongly opposed the interim final rule and recommended that any future cooperation agreements follow the Immigration and Nationality Act as well as international law.

The interim rule was challenged in federal court.  


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