Thursday, November 21, 2019
New Homeland Security Asylum Rule Allows Removal to Central American Countries That Have Signed Agreements With the U.S.
Earlier this week, ImmigrationProf blogged about the Trump administration's latest attempt to reduce the flow of Central American asylum seekrs to the United States. Peter Margulies on Lawfare looks at the latest. The introductory paragraph:
"In a new rule, the Department of Homeland Security has taken key steps to implement what it calls asylum cooperation agreements (ACAs) signed earlier with Guatemala, Honduras and El Salvador. The rule authorizes removal of asylum seekers at the southern border of the United States to any of the above-named countries, as long as the removed individuals are not nationals of the particular country that will receive them. Moreover, because Homeland Security has issued the rule under 8 U.S.C. § 1158(a)(2)(A), a provision of the Immigration and Nationality Act (INA) authorizing safe-third-country agreements, the operation of the new rule will be largely immune from judicial review. Although questions surround the implementation of the rule in the Central American countries that have signed ACAs, the new rule will likely reshape asylum claims at the southern border."