The two countries had negotiated such a deal for months, and Trump on Wednesday threatened to make tariffs or other consequences for Guatemala if it fails to reach an agreement. In addition to agreements with Central American governments, the only other agreement on the transfer of U.S. declarations of asylum is its „safe third country agreement“ with Canada, which has a robust asylum system. The agreement between the United States and Canada provides an exception for asylum seekers with close family members in the United States and recognizes UNHCR`s conclusion that asylum seekers` decisions regarding their country of refuge „should be considered as much as possible,“ particularly where the claimant has „a close connection or connection“ to that country. [39] The U.S.-Canada agreement also contains a provision that calls on UNHCR to monitor its implementation to ensure compliance with international refugee law. [40] On the other hand, the ACA did not accept such an exception or monitoring with Guatemala. Although the ACA`s summer 2019 implementation plans indicated that UNHCR would operate a „care centre“ in Guatemala for takers, none of these centres were set up. [41] UNHCR expressed „grave concern“ that the ACA „could lead to the transfer of particularly vulnerable people to countries where they may be at risk of death.“ [42] But the countries with which Trump has sought to negotiate or negotiate agreements on safe third countries have a long history of instability and violence, and in some cases asylum seekers are particularly vulnerable. An agreement between the United States and Guatemala, the Us-Guatemala Asylum Cooperation Agreement (ACA), allows the United States to quickly deport non-Guatemalan asylum seekers to Guatemala without allowing them to file asylum claims in the United States, but also does not allow them effective protection in Guatemala. As a result, they are effectively forced to abandon their asylum applications and some, who have a justified fear of persecution, appear to be returning to their countries of origin, where they are at real risk of serious damage.

(i) the agreement does not apply to foreigners or prevents the foreigner from seeking asylum in the United States; 5. This interim rule provides for the existence of a regulatory structure specific to the U.S.-Canada agreement, to avoid disrupting long-standing processes and expectations regarding the implementation of this agreement.