At Cohen, Tucker + Ades, we have spent over 60 years fighting for the rights of immigrants. Today, the landscape of asylum law is shifting rapidly. One of the most significant hurdles for those seeking safety at our borders is the resurgence and expansion of Asylum Cooperation Agreements (ACAs)—often referred to as “Safe Third Country” agreements.

If you or a loved one are facing removal to a third country under one of these agreements, it is vital to understand what they are and, more importantly, how you can fight back.

What are Asylum Cooperation Agreements?

Under U.S. law (8 U.S.C. § 1158), the government can enter into agreements with other nations to “share the burden” of asylum claims. In practice, this allows U.S. immigration officials to remove asylum seekers to a third country—even one they have never visited—to seek protection there instead of in the United States.

While these agreements are built on the premise that the third country is “safe,” we know that for many, these nations lack the infrastructure to provide a “full and fair” legal process or, worse, are unable to protect individuals from the very persecution they are fleeing.

Who is Affected?

While each agreement has complex specificities, they generally apply to individuals who:

1. Arrive at a U.S. port of entry or enter between ports without a valid visa.

2. Are not nationals of the “third country” they are being sent to.

3. Do not qualify for specific exceptions.

One of the most concerning aspects of these 2025 policies is the potential for asylum claims to be rejected without a formal hearing under new agency directives.

How to Challenge an ACA Removal

The law is complex, but it is not absolute. There are several legal strategies we use at Cohen, Tucker + Ades to challenge the application of an ACA to your case:

1. Proving the Country is Not “Safe” for You

An ACA can only be applied if your “life or freedom would not be threatened” in that third country. If you have a specific fear of persecution or torture in the country the U.S. intends to send you to, you have the right to a “threshold screening.” We help our clients gather evidence to prove that the proposed third country cannot guarantee their safety.

2. Identifying Exceptions

Not everyone is subject to these agreements. Common exceptions include:

• Unaccompanied Children: Minors who arrive without a parent or legal guardian are generally exempt.

• Valid Visas: Those who arrived in the U.S. with a valid visa or entry document are often excluded from ACA removal.

• Public Interest: The government has the discretion to allow an individual to stay in the U.S. if it is in the “public interest.”

3. Challenging the “Full and Fair” Requirement

By law, the third country must offer a “full and fair procedure” for determining asylum. If we can demonstrate that the country’s asylum system is non-functional or unable to handle the volume of claims, we can argue that the removal is a violation of federal law.

4. Federal Litigation and Petitions for Review

Our firm specializes in Federal Litigation. If an Immigration Judge or the Board of Immigration Appeals (BIA) erroneously applies an ACA, we are prepared to take the fight to the U.S. Court of Appeals. Through Petitions for Review, we challenge the legality of the government’s actions and fight to keep our clients in the United States.

Why Experience Matters

In the current climate, a “one-size-fits-all” approach to immigration doesn’t work. The rules regarding ACAs change frequently, and missing a single deadline or failing to raise a specific fear during a screening can have life-altering consequences.

At Cohen, Tucker + Ades, we don’t just fill out forms; we build strategic action plans. We understand the unique challenges of those arriving from Central and South America, and we have the track record to prove that even the most difficult cases can be won.

Don’t face the system alone. If you are worried about how recent asylum changes affect your case, contact our office today to schedule a consultation.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Sources:

Federal Register | Agreement Between the Government of the United States of America and the Government of the Republic of Honduras for Cooperation in the Examination of Protection Requests

Federal Register | Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala Relating to the Transfer of Nationals of Central American Countries to Guatemala

Federal Register | Agreement Between the Government of the United States of America and the Government of the Republic of El Salvador for Cooperation in the Examination of Protection Claims

Federal Register |Agreement Between the Government of the United States of America and the Government of the Republic of Uganda for Cooperation in the Examination of Protection Requests

Board of Immigration Appeals | Matter of C-I-G-M- & L-V-S-G-, Interim Decision #4137 (BIA 2025)