Safe Third Country Agreement With Guatemala

«Freddie G.,» a 19-year-old Honduran, told Refugees International he was panicked. Freddie`s mother left the family when he was four, and his father later left the United States, leaving him and his sister, brother and him in the care of his grandmother, who is now sick and frail. A gang leader abducted his sister and held her as «his wife» until she managed to escape and escape to the United States. The gang then tried to recruit his brother, then mutilated his brother`s legs with a machete. Then the gang followed Freddie, accused him of the nurse`s escape and stole him. Freddie sought in vain help from his employer; The gang leader found him and hit him and had to flee to the United States. Freddie said that he panicked and spent much of his time crying in an overcrowded place in Guatemala, where he could neither sleep nor eat, knowing that he only had three days to find out what to do, for fear of persecution in Honduras, because he didn`t know anyone in Guatemala and his entire family in the United States was seeking asylum for the same reasons. Freddie was desperate for help from a psychologist and a lawyer, but neither was available to provide services beyond the first consultations in Guatemala. He did not understand why the lawyer his father found for him in the United States could not help him apply for asylum there. [131] Under the U.S. Immigration and Nationality Act, migrants have the right to seek asylum in the United States unless they can be deported to a safe country through a multilateral or bilateral agreement. To be considered safe, a country must ensure the safety of migrants and allow «access to a full and fair process for determining an asylum claim.» [116] According to Carlos Valdez, director of Lambda, LGBT asylum seekers are often discriminated against, including in migrant shelters. For example, they may be harassed by other asylum seekers, forced to eat separately and sometimes forced to sleep separately from other asylum seekers.

According to Lambda, migrants with LGBT people have been temporarily prevented from fully accessing migrant shelters. Human Rights Watch interview with Carlos Valdez, director of Lambda, Lambda, Guatemala, February 13, 2020. He said the Agency had not seen plans to implement the agreement, but that «the most pessimistic scenarios are clearly worrying.» [101] Francisco Mauricio Martinez and Katerin Chumil, «Gobierno by Jimmy Morales mintié sobre términos para el pa`s por acuerdo de asilo con EE. Uu. (Jimmy Morales` government lied about an asylum deal with the United States on the country`s terms), Prensa Libre, February 27, 2020, www.prensalibre.com/guatemala/politica/gobierno-de-jimmy-morales-mintio-en-cuanto-a-que-el-acuerdo-de-asilo-no-representaria-un-costo-para-guatemala/. It is significant that Giammattei is already beginning to weaken its position on the agreement. Shortly after the election victory, Giammattei said that «the agreement is a fact and we have to deal with it,» adding: «We see what we can learn from this agreement.» The president-elect and his team have met with U.S. officials on several occasions. During these meetings, Mr. Giammattei repeatedly expressed his desire to discuss the agreement and its implementation with Washington. He said he would push for more U.S. assistance to create employment and development programs in Guatemala`s border regions, where migrants congregate. GUATEMALA CITY, Guatemala – Guatemalan civil society leaders are questioning the country`s ability to act as a «safe third country» for asylum seekers, while the United Nations Refugee Relief and Works Agency says this will only be possible if protection systems are strengthened.

DHS and the U.S. Department of Justice (DOJ) then issued a final interim rule (the «rule») that allows the implementation of ACA not only with Guatemala, but also with El Salvador and Honduras, framing them as attempts to «share» the weight of protection between the United States and the three Central American countries. [37] In practice, ACAS will reject