Government lawyers in New York’s immigration courts have begun moving to dismiss asylum applications en masse, citing bilateral agreements that allow the United States to send claimants to Honduras, Ecuador, or Uganda instead.
The tactic, which involves motions to “pretermit” or prematurely close cases, has caused distress among migrants, many of whom have no ties to the designated countries and fear persecution there.
In one courtroom at 26 Federal Plaza, an Ecuadorean woman named Narcisa broke down in tears after learning the Department of Homeland Security (DHS) was seeking to bar her from applying for asylum in the US. Another migrant, Darlene, said she felt terrified after the same argument was made in her case.
“The government is saying you are not eligible for asylum here,” immigration judge Tiesha Peal explained to Narcisa, who had been told she must seek protection in Uganda or Honduras.
The strategy relies on Asylum Cooperative Agreements signed this year with the three countries, reviving a Trump-era policy aimed at reducing the US asylum backlog. DHS insists the arrangements are lawful and ensure claimants receive fair process elsewhere.
“Asylum Cooperative Agreements are lawful bilateral arrangements that allow illegal aliens seeking asylum in the United States to pursue protection in a partner country,” a DHS statement said.
Critics, including immigration attorneys, argue the countries lack robust asylum systems and may expose migrants to danger. Benjamin Remy, a lawyer with the New York Legal Assistance Group, described the approach as devastating, leaving claimants with little precedent to fight the motions.
A recent Board of Immigration Appeals ruling has encouraged judges to grant such motions unless applicants prove likely persecution in the third country. Many judges are allowing 10 to 30 days for written responses before deciding.
The policy marks an escalation in the administration’s efforts to curb asylum claims, following a Supreme Court decision easing third-country removals. Rights groups warn it could lead to widespread deportations to unfamiliar and unsafe places.
Volunteer court observers reported migrants asking basic questions like “Where is Uganda?” amid the confusion and fear in courthouse hallways.
