U.s.-Guatemala Asylum Cooperative Agreement

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The U.S.-Guatemala Asylum Cooperative Agreement: What You Need to Know

In July 2019, the Trump administration announced the U.S.-Guatemala Asylum Cooperative Agreement (ACA), a controversial agreement that allows the U.S. to send asylum seekers to Guatemala to apply for protection there instead of in the U.S.

The ACA was signed despite concerns about Guatemala`s ability to protect asylum seekers and concerns around the legality of the agreement. The ACLU and other organizations have challenged the ACA in court, arguing that it violates U.S. law and international treaties.

As of October 2021, the ACA remains in effect, and the Biden administration has not yet taken steps to terminate it. But what does this agreement mean for asylum seekers and the U.S. asylum system?

Here`s what you need to know:

1. Who can be sent to Guatemala under the ACA?

The ACA applies to non-Guatemalan migrants who pass through Guatemala and then arrive at the U.S. border seeking asylum. Under the ACA, these individuals can be sent to Guatemala to apply for protection there instead of in the U.S.

2. Is Guatemala a safe country for asylum seekers?

The safety of Guatemala as a destination for asylum seekers is highly disputed. Guatemala has a high level of violence, and human rights abuses are common. The country has also been grappling with political instability and corruption.

Critics of the ACA argue that Guatemala does not have the resources or infrastructure to handle the influx of asylum seekers sent there under the agreement. There are also concerns about Guatemala`s ability to protect vulnerable populations, such as LGBTQ+ individuals and women.

3. How does the ACA impact the U.S. asylum system?

The ACA is part of the Trump administration`s broader efforts to restrict access to asylum in the U.S. By sending asylum seekers to Guatemala, the U.S. is effectively shifting its responsibility to protect refugees to another country.

Critics of the ACA argue that it violates U.S. law and international treaties, including the principle of non-refoulement, which prohibits the return of refugees to a country where they are likely to face persecution or harm.

4. What is the status of the ACA under the Biden administration?

The Biden administration has not yet announced any plans to terminate the ACA. However, the administration has taken steps to address some of the concerns around the agreement. In August 2021, the U.S. government announced that it would provide $155 million in aid to Guatemala to support the country`s efforts to improve its asylum system and protect vulnerable populations.

Critics of the ACA argue that these efforts are not enough and that the agreement should be terminated altogether.

In conclusion, the U.S.-Guatemala Asylum Cooperative Agreement is a controversial policy that has raised significant concerns about the safety and wellbeing of asylum seekers. While the Biden administration has taken some steps to address these concerns, many advocates and experts continue to call for the termination of the agreement. As the debate continues, it is essential to prioritize the safety and protection of vulnerable individuals seeking refuge.