Ten of the takers interviewed by Human Rights Watch and Refugees International received an additional statement from the ACA in Spanish, informing them of the need to respond in the affirmative to the fear of a return to Guatemala and that, if transferred under the agreement, they would no longer be able to seek refuge in the United States, but only in Guatemala. However, asylum seekers have often said that they did not understand their importance. This is a violation of the order given to asylum officers to ensure that all those subject to the ACA have understood the contents of the weapon. [67] (i) This agreement does not apply to foreigners or excludes foreigners from seeking asylum in the United States; For the reasons outlined above, Refugees International respectfully requests that the rule be rejected and urges DHS and the DOJ to immediately refrain from any further action to implement asylum cooperation agreements with Guatemala, El Salvador and Honduras. Arrest of a significant number of foreigners who enter the United States illegally or enter ports of entry without the necessary documentation, the processing and decision of their concerns about ER claims, as well as the processing and decision of their asylum claims in the inseport proceedings under SECTION 240 of the INA, consume considerable resources within the Ministries of Justice and Homeland Security. After surveillance and arrest of foreigners, DHS must devote significant resources to the detention of many foreigners until other procedures, procedures (and under LA) decide their rights (potentially subject to multiple levels of verification) and the United States is represented before the EOIR during the move procedure. Immediately after an initial finding of inadmissibility or removal in section 240 proceedings, see z.B. INA 235 (b) (1) (A) (ii), 240 (c) (3), 8 U.S.C. 1225 (b) (1) (A) (ii), 1229a (c) (2)-3), Section 208 (a) (a) (A) authorizes an asylum representative or IJ to conduct a threshold review to determine : If a foreigner is excluded from an ACA claim for asylum, 8 U.S.C 1158 (a) (a) (A) (A)) This rule provides a mechanism for carrying out these threshold revisions.

Under this rule, an asylum officer or IJ will decide whether a foreigner is subject to the ACA and, if so, in cases where the foreigner responds in the affirmative to the fear of deportation to a country that has signed the agreement indicates whether the foreigner can determine in the affirmative that the foreigner is more likely to be persecuted or tortured in that country. If the foreigner is subject to the ACA, but does not prove that he or she is more likely to be persecuted or tortured in that country for a protected cause, the ER or Section 240 procedure would be closed without a decision on claims related to fear of persecution or torture in the country of origin of the foreigner. [103] Sergio Morales Rodas, “Ken Cuccinelli: Guatemala`s responsible for costear procesos de asilo por ACA” (Ken Cuccinelli: Guatemala is responsible for the payment of asylum procedures by the ACA), Prensa Libre, February 25, 2020, www.prensa libre.com/guatemala/politica/ken-cuccinelli-guatemala-es-responsible-de-costear-procesos-de-asilo-por-aca/. DoJ suggested that the analysis might be different if an asylum officer “merits a . . . . Asylum applications from foreigners.¬†And under this standard, an asylum officer must determine whether the foreigner is more likely to be persecuted or tortured in the third country to which he or she would be deported under an ACA.