Explore the basics of Asylum Cooperation Agreements (also known as safe third country agreements), how U.S. policy applies them today, and what it means for asylum seekers from South America concerned about being sent to countries like Uganda.
What Is an Asylum Cooperation Agreement?
An Asylum Cooperation Agreement (ACA) is a type of bilateral arrangement between the United States and another country that the U.S. government deems “safe.” Under such an agreement, individuals seeking asylum in the U.S. can be returned (or “removed”) to the partner country to seek protection there instead of pursuing an asylum claim in the United States. These agreements are also commonly referred to as Safe Third Country Agreements (STCAs) in U.S. immigration policy discussions.
Under U.S. law, officials may enforce these agreements only if they determine:
- The partner country offers a full and fair procedure to hear asylum claims;
- The individual will not face persecution or torture in that third country; and
- It is appropriate under U.S. law for the individual to pursue protection there.
Examples of countries with these types of agreements have included Guatemala, Honduras, and El Salvador, though implementation has varied based on changing policy and litigation.
How Do These Agreements Affect Asylum Seekers?
If a person comes to the United States and seeks asylum, the government can argue that an asylum cooperation agreement bars them from pursuing a U.S. asylum claim if:
- The U.S. government claims the asylum claim should instead be heard in a partner country; and
- The government determines the conditions outlined above are met for the country.
Importantly, these agreements have no bearing on someone already granted asylum, asylum status in the U.S. is ongoing and generally cannot be revoked simply because of these agreements.
Could I Be Deported to Uganda If I’m From South America?
Rumors and fear have spread online about people being deported from the U.S. to Uganda even if they are South American nationals. Here’s what the current policy context shows:
What the Agreements Say
As of this writing, there is no public record of a formal Asylum Cooperation Agreement between the United States and Uganda. Uganda is not listed on the U.S. Department of Homeland Security (DHS) or U.S. Department of State websites as a designated safe third country under current U.S. asylum cooperation policy.
The only countries with publicly disclosed agreements for potential third-country transfers in past years have been in Central America. Any other removals would be considered under different legal frameworks and must comply with obligations under U.S. immigration law and international treaties.
Key Points About Third‑Country Deportations
- Third‑country deportations are distinct from traditional deportations to someone’s home country, they involve sending people to another nation willing to receive them under a formal agreement.
- U.S. law does not allow deportation of someone to a country where they would likely face persecution, torture, or serious harm, under the Immigration and Nationality Act (INA) and the Convention Against Torture.
- Whether a specific individual will be sent to a third country depends on legal assessments, eligibility for protection, country conditions, and the existence of a valid agreement.
What This Means For You
If you or someone you know is seeking asylum or facing removal proceedings:
- Consult a licensed immigration attorney, asylum and removal law are complex and change frequently.
- An attorney can assess whether any safe third country or asylum cooperation agreement applies to your case.
- Legal counsel can also advise on protections under U.S. law, such as the Convention Against Torture (CAT) and statutory asylum protections that could prevent deportation to a dangerous place.
Schedule a Consultation with an Immigration Lawyer
Citations
- USCIS – Asylum Bars (Safe Third Country)
- Federal Register – ACA Implementation Rule
- USCIS – U.S.-Canada Safe Third Country Agreement (Archive)
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SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
