If someone is applying for asylum, they need to show they meet the definition of a refugee and are not prevented from immigrating to the United States for other reasons. However, someone may not be able to get asylum if the United States government determines that they can go to a safe third country. A safe third country might be one that, according to a treaty or agreement, would provide the immigrant with a safe place to reside.
Getachew & Ansari Immigration Attorneys, P.C., can assist you with applying for asylum, seeking refugee status, and navigating the safe third-country rules that may apply to your situation. We understand how important it is for you to reach a fair resolution to your immigration matters. We are here to provide legal support through the process so you feel seen, valued, safe, and understood.
Introduction to the Concept of a Safe Third Country
Under United States immigration law, a safe third country is someplace—other than the United States—an asylum-seeker can go that will honor and protect their rights. The government may have a treaty or safe third-country agreement that guarantees the person’s rights will be protected. The idea is that there is another country other than the United States that can provide safe passage and other protections the United States can also offer. Because of this, a safe third country may be the appropriate place for the person to settle in.
What Is a Safe Third-Country Agreement?
A safe third-country agreement is a bilateral or multilateral treaty or agreement. A bilateral agreement is between two countries, such as the United States and Canada. A multilateral agreement is one that multiple countries have signed on to.
Under these treaties, the countries that have signed them agree to provide protection and rights to qualifying immigrants.
For example, the United States and Canada have an agreement that provides procedures for processing refugee claims when people enter the United States or Canada. Additionally, the United States is part of the United Nations, which has a set of rules that recognize and protect the human rights of people in the member countries.
How Safe Third Country Policies Affect Asylum Seekers
When someone applies for asylum, they need to prove that they have been in the United States for a year or less and are not disqualified from entry because of their criminal record or other reasons. Additionally, they need to show they meet the definition of a refugee, which may mean the applicant cannot or chooses not to return to their country because they have a credible fear of persecution due to things like their religious or political beliefs.
If someone meets the criteria for asylum, the United States government may still deny their claim if it determines that the applicant can go to a safe third country. United States law has a process for helping applicants determine what safe third country they can go to. For example, if someone is a refugee or seeking refugee status, the United States Department of State directs people to register with the United Nations High Commissioner for Refugees.
Controversies and Criticisms of Safe Third Country Policies
Safe third-country policies can be helpful to make sure people have alternate places they can go to protect their rights and safety. However, some people find it challenging and stressful to make the journey to the United States only to discover that they cannot seek asylum there because of a bilateral or multilateral treaty they did not know about. They may have prepared themselves and set up arrangements within their family to move to the United States. Moreover, it can feel unfair for someone to find out they cannot move to the United States because the government, rather than the individual, decided it would be better to go to a different country.
Another criticism of safe third-country policies is that they can be highly political. As international and national politics shift, countries may enter and exit these agreements or simply fail to honor them due to a change in administration. This may create an unpredictable and stressful environment for immigrants seeking refugee status or asylum.
How To Navigate Safe Third Country Rules
When seeking asylum, you need to submit evidence that you have been in the United States for a year or less and have a credible fear of persecution if you were to return to your home country.
As part of this, you also claim that you cannot go to a safe third country. In other words, you are essentially saying that the United States is the only country that would provide you full protection from persecution and honor your human rights.
However, there may be agreements and treaties in place that you are not aware of that would protect your rights, too, if you went to another country. A seasoned immigration lawyer can help you determine if another country would be a beneficial option for you to travel to and seek refuge in. Additionally, the lawyer can help you prepare for the possibility that the United States government denies your application because of a safe third-country policy.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
The United States government may deny your asylum claim to come to the United States if officers determine you could go to a safe third country, such as Canada. This alternative country might be one you are affiliated with or one the United States has a treaty with that guarantees your rights and safety. An attorney can help you by filing for asylum on your behalf, explaining or challenging a decision to direct you to a safe third country, and answering other immigration-related questions you may have.
At Getachew & Ansari Immigration Attorneys, P.C., we understand the struggles immigrants may face as they try to find safety and stability while transitioning from one country to another.
We also appreciate the courage it takes to decide to move to a new country and the frustration many immigrants sometimes encounter as they try to navigate the ever-changing United States immigration system. Our attorney, Medya Ansari, stands ready to help you with compassion and excellence. Reach out to our team today by calling 408-292-7995 to schedule a no-obligation consultation.
