Concerns have been raised about the lack of security legislation for refugee protection in the United States. This security problem and argument give refugees legitimate reasons to turn around in Canada to lead a better life. On December 29, 2005, a group of refugee and human rights organizations (in Canada and the United States) launched legal action against the U.S. claim as a safe third country for asylum seekers. This action was supported by prominent figures such as Justice Michael Phelan of the Federal Court of Canada on November 29, 2007 and many others. The United States signed its first “safe third country” agreement with Canada. Basically, if you go through the U.S. to claim asylum in Canada, or vice versa, you will go back because the U.S. and Canada are considered safe enough for asylum seekers and equipped to handle refugee and refugee claims fairly. In practical terms, the legislation requires that the revision of a given country be based on the following four factors: the agreement on the security of third-country nationals is not a treaty that requires congressional approval and can be signed and promulgated unilaterally by the President. This has allowed the Trump administration to bypass Congress and the courts, impose new restrictions on asylum seekers, limit migration to the United States, and re-deliver the obligation to take asylum seekers to other countries to the United States.
The Safe Third Country Agreement applies to refugee claimants who wish to travel to Canada or the United States at Canada-U.S. border crossings (including rail). It also applies to airports where a person seeking protection in Country B has not been identified as a refugee in Country A and is transiting in Country A as part of his removal. The agreement helps both governments better manage access to the refugee system in each country for people crossing the land border between Canada and the United States. The two countries signed the agreement on 5 December 2002 and came into force on 29 December 2004. Trump has insisted in recent months that secure third-party agreements be reached amid an increase in Central American migration to the United States. The number of migrants apprehended at the U.S. southern border exceeded 144,000 in May 2019, its highest monthly number since 2006. It is significant that the Trump administration has not characterized these agreements with “safe third countries” as a shameful realization that these countries do not meet the implicit requirements of a safe third country.
For example, most asylum seekers sent to Guatemala – including families with children – choose to return home, often risk their lives, but acknowledge that asylum seekers are not safe in Guatemala. The Trump administration methodically degrades the United States.