US agreements with the Northern Triangle may have had a deterrent effect before entering into force

In the first month following the extension of the Asylum Cooperation Agreements (ACA) to the three Northern Triangle countries, apprehensions at the US border have fallen below the levels of recent years. The actual reduction in migrant inflows that this evidences has to do with Mexico's increased control over its border with Guatemala, but may also be due to the deterrent effect of advertisement of the agreements, whose implementation has not yet fully begun and therefore has yet to demonstrate whether they will be directly effective.

▲ Honduran migrants held by Guatemalan border guards, October 2018 [Wikimedia Commons].

article / María del Pilar Cazali

Attempts to entrance attempt to enter the United States through its border with Mexico have not only returned to the levels of the beginning of the year, before the number of migrants soared and each month set a new record high, reaching 144,116 apprehensions and inadmissions in May( USBorder Guard figures that provide an indirect assessment of migration trends), but have continued to fall to below several previous years.

In October (the first month of the US fiscal year 2020), there were 45,250 apprehensions and inadmissions at the US southern border, down from October 2018, 2015 and 2016 (but not 2017). This suggests that the total number of apprehensions and inadmissions in the new fiscal year will be well below the record of 977,509 recorded in 2019. This boom had to do with the caravans of migrants that began at the end of 2018 in the Central American Northern Triangle (Honduras, El Salvador and Guatemala), following a migratory flow that, with different intensities, began in the 1980s due to political and economic instabilities in those countries.

This migration crisis led President Trump's US administration to implement tougher deportation policies, including changing conditions for expedited deportations. In addition, the White House pressured Mexico with the threat of tariffs on its products if it did not help reduce the flow of migrants crossing Mexican soil, prompting President López Obrador to deploy the newly created National Guard to the border with Guatemala. Trump combined these measures with the negotiation of Asylum Cooperation Agreements (ACAs) with the Northern Triangle countries, which were initially improperly referred to as "safe third countries", adding to the controversy they generated.

agreement with Guatemala

Due to US threats to impose tariffs on Guatemala if it failed to reduce the issue of migrants from or through Guatemala on their way to the US, the Guatemalan government accepted the terms of a attention announced by Trump on 26 July 2019. The agreement foresees that those who apply for asylum in the US but have previously passed through Guatemala will be brought back to the US so that they can remain there as asylum seekers if they qualify. The US sees this as a safe third country agreement .

A safe third countryagreement is an international mechanism that makes it possible to host in one country those seeking asylum in another. The agreement signed in July prevents asylum seekers from receiving US protection if they passed through Guatemala and did not first apply for asylum there. The US goal is intended to prevent migrants from Honduras and El Salvador from seeking asylum in the US. Responsibility for processing protection claims will fall to Washington in only three cases: unaccompanied minors, persons with a US-issued visa or document Admissions Office , or persons who are not required to obtain a visa. Those who do not comply with requirements will be sent to Guatemala to await the resolution of their case, which could take years. On the other hand, the agreement does not prevent Guatemalan and Mexican applicants from seeking asylum in the US.

Guatemalan President Jimmy Morales had previously announced that a similar agreement could become part of the migration negotiations with the US. In Guatemala, after advertisement of what had been agreed, multiple criticisms arose, because the security conditions in both countries are incomparable. This was compounded by rumours about the true content of the agreement that Morales had signed, as it was not immediately revealed to the public. Faced with this uncertainty, Interior Minister Enrique Degenhart declared that the agreement was only for Hondurans and Salvadorans, not for nationals of other Latin American countries, and that the text did not explicitly mention the term "safe third country".

In the week following the advertisement, three appeals for amparo against the agreement were lodged with Guatemala's Constitutional Court, arguing that the country is not in a position to provide the protection it supposedly offers and that the resulting expense would undermine the economic status of the population itself. However, Degenhart defended agreement by saying that the economic repercussions would have been worse if the pact with Washington had not been reached, because with the US tariffs, half of Guatemala's exports and the jobs that accompany these sectors would be at risk.

These criticisms came not only from Guatemalan citizens, but also from public figures such as Guatemala's Human Rights Ombudsman, Jordán Rodas, citing a lack of transparency on the part of the government. Rodas insisted that Guatemala is not fit to be a safe third country because of its low indicators of production, Education, public health and security. Similar ideas have also been expressed by organisations such as Amnesty International, for whom Guatemala is not safe and cannot be considered a safe haven.

In its pronouncement, Guatemala's Constitutional Court affirmed that the Guatemalan government needs to submit the agreement to congress for it to become effective. This has been rejected by the government, which considers that international policy is skill directly the responsibility of the country's president and will therefore begin to implement what has been decided with Washington without further delay.

Apprehensions and inadmissibilities by US Border Guard, broken down by month over the last fiscal years (FY) [Taken from CBP].

Also with El Salvador and Honduras

Despite all the controversy generated since July as a result of the pact with Guatemala, the US developed similar efforts with El Salvador and Honduras. On 20 September 2019, El Salvador's president, Nayib Bukele, signed a agreement similar to the safe third country figure, although it was not explicitly called that either. It commits El Salvador to receive asylum seekers who cannot yet enter the US, similar to the agreement with Guatemala. El Salvador's agreement has the same three assumptions in which the US will have to make position of migrant protection.

The Salvadoran government has received similar criticism, including a lack of transparency in the negotiation and denial of the reality that the country is unsafe. Bukele justified signature by saying it would mean the extension of Temporary Protected Status (TPS) for the more than 190,000 Salvadorans living in the US. In October 2019, the Salvadoran Foreign Ministry said that this agreement is not a safe third country because El Salvador is not in the serious migratory situations in which Guatemala and Honduras are in terms of the flow of people, so it is only a agreement of non-violation of rights to minimise the number of migrants.

On 21 September 2019 the Honduran government also made public the advertisement of a agreement very similar to the one accepted by its two neighbours. It states that the US will be able to deport to Honduras asylum seekers who have passed through Honduras. Like the other two countries, the Honduran government was criticised as not being a safe destination for migrants as it is one of the countries with fees highest homicide rates in the world.

Despite criticism of the three agreements, in late October 2019 the Trump administration announced that it was in final preparations to begin sending asylum seekers to Guatemala. However, by the end of November, no non-Guatemalan asylum seekers had yet been sent. The inauguration in early January of President-elect Alejandro Giammattei, who announced his desire to rescind certain terms of agreement, may introduce some variation, though perhaps his purpose will be to wring some more concessions from Trump, in addition to the agricultural visas that Morales negotiated for Guatemalan seasonal workers.