The DHS is pushing for the early closure of asylum cases and the transfer of applicants to third countries.
- Legal en USA
- 20 hours ago
- 2 min read
The DHS is trying to close asylum cases currently pending in immigration courts by referencing the new agreements with Ecuador and Uganda.
The notifications sent by DHS are generally filed under the title "Amended Motion to Pretermit the Respondent's Protection Applications ." Through these motions, the government requests immigration judges to dismiss asylum, withholding of removal, and Convention Against Torture (CAT) protection applications without a full hearing.
In practical terms, this means that the government seeks to close the case before the person has the opportunity to testify, explain their story, or demonstrate fear of persecution or serious harm.
If the motion is granted, the judge could end the process without an individual evaluation of the merits of the case, something that for years was not common practice, particularly in cases of Cuban applicants.
The legal basis: agreements to transfer applicants to third countries
The DHS's main argument is based on the application of the Asylum Cooperative Agreements (ACA), agreements signed between the United States and third countries that allow the transfer of asylum seekers so that their protection claim can be examined outside of U.S. territory.
In recently filed motions, the DHS has cited existing agreements with Ecuador and Uganda, arguing that individuals covered by these agreements are legally barred from seeking protection in the United States. This interpretation is being applied not only against Venezuelans and other nationalities, but also against Cubans, marking a significant shift in the treatment of this group, which historically did not face such procedural barriers in its asylum cases.
The legal consequences and the need to act immediately
If a judge grants a motion to pretermit , the immediate consequence is that the person no longer has an active asylum case in court. This can lead to expedited removal, immigration detention, or even transfer to a third country, even if the applicant has no family, cultural, or legal ties to that place.
For individuals who have complied with all their court appearances and were expecting a decision based on their testimony, this situation represents a serious and unexpected risk. Determining whether an individual is properly bound by an ACA, whether the agreement was applied lawfully, and whether due process guarantees were respected requires careful legal analysis and a strategic response within strict timeframes.
Our office continues to actively review these cases and represent individuals whose asylum processes are being challenged through Motions to Pretermit . In today's immigration landscape, a timely and well-reasoned legal response can mean the difference between losing a case without a hearing and preserving the right to a fair evaluation before an immigration judge.
If you need legal advice, you can contact us at +1 305 446 8686.