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Rather easily, since we already have one with Guatemala
Roughly one month ago, the White House announced that we were closing in on a safe third country agreement with Guatemala, scoring what was perceived as a major win on immigration for President Trump. At the time, we noted that there were several serious flaws in the plan which might prevent it from coming to fruition. One was the fact that the deal was being cut with a lame-duck president who was on his way out (Jimmy Morales) and we didn’t know who the next leader would be or what their view on the deal might look like. Also, constitutional questions were raised in that country because the legislature would need to approve any such agreement before it could be finalized.
Now the first question has at least been answered. The winner of the runoff election and incoming president (in January) is Alejandro Giammattei, and this week he declared that the safe third country agreement was not something he could support. Why? Because even he doesn’t believe that his own nation could be considered a safe third country.
Can you point out to me anywhere in the law that says you HAVE to physically be in the USA to seek asylum?
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.
originally posted by: Lumenari
Can you point out to me anywhere in the law that says you HAVE to physically be in the USA to seek asylum?
Thanks in advance...
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.
Asylum is the name for refugee status given to a person appearing at your border or within your country. So by definition, you must apply in person and only in person for "asylum".
So we still have an agreement with Guatemala then, but the current President doesn't support it.
Safe third country agreements force prospective asylees to seek protections in the first country they step foot in outside the territory they are fleeing.
The Trump administration has sought such agreements with Mexico and the Northern Triangle countries — Honduras, Guatemala and El Salvador — but has so far been unsuccessful in getting those countries to process all refugees from third countries transiting their territories.
The United States currently maintains such an agreement only with Canada, and that agreement mostly serves as a border management deal to keep asylum applicants from processing their claims at the physical border between the two North American countries.
originally posted by: Sookiechacha
a reply to: Lumenari
Trump and Morales signed an agreement, that still needed to be ratified by the country's legislature. That hasn't happened, and now, with a new president opposing it, it won't.
It's the same with Guatemala. The country's legislative body hasn't voted for it, yet. So, it isn't officially in place.
originally posted by: Sookiechacha
a reply to: OccamsRazor04
The court said the rule, which requires most immigrants who want asylum to first seek safe haven in a third country through which they had traveled on their way to the United States, could go into effect as litigation challenging its legality continues.
www.msn.com...
I'm fine with this rule. My question is, what country in Central America qualifies as a "safe 3rd Country"?
Don't count on Mexico.
Although he discarded any notion of his government signing a "safe third country" agreement, Ebrard noted that the deployment of National Guard units for immigration enforcement purposes is a permanent assignment.
www.msn.com...
Notably, the number of Central Americans from the Northern Triangle countries of El Salvador, Guatemala, and Honduras who received asylum status grew from 1,007 in 2012 to 8,480 in 2017.