Your asylum hearing and the safe third country question

We know this is frightening. You came to ask for safety, and now someone is talking about a country you may never have seen. Take a breath. This is a legal argument, and you have the right to answer it.

This page is general information, not legal advice. DNLH is not a law office. These rules are new and change often. Talk with an immigration attorney or a DOJ accredited representative as soon as you can. Free help is below. For the full picture of asylum, see Asylum: the complete guide.

What does "sent to another country" mean?

Usually, it means the government wants to use an Asylum Cooperative Agreement. These are deals between the U.S. and another country. Under them, the U.S. says some asylum seekers should ask for protection in that other country instead of here.

U.S. asylum law has long allowed this. It lets the government stop someone from applying for asylum here if the U.S. has an agreement with another country where the person could be sent to seek protection. The law sets three conditions:

• The other country cannot be your own country of nationality.
• Your life or freedom must not be threatened there because of your race, religion, nationality, political opinion or a particular social group.
• You must have access there to a full and fair process to ask for asylum or similar protection.

The government can also decide, in the public interest, to let you seek asylum here anyway.

From July 2025 to March 2026, DHS published these agreements for cooperation on protection requests:

The government may add more. A Federal Register search on October 21, 2026 showed none published after Belize. To check yourself, search the Federal Register for "Examination of Protection Requests", or ask your lawyer which ones apply to you.

Legal groups report that government lawyers have mostly raised these agreements against asylum seekers from Spanish speaking countries south of the U.S. That is not a rule. Anyone in court should listen for it.

Is this the same as being sent to a third country after a deportation order?

No, but the fear question is the same. There are two different situations:

• During your case. The government asks the judge to end your asylum claim now, so you can be sent to an agreement country to seek protection there. That is what most of this page is about.
• At the end of a case you lost. A deportation order can name more than one country. Even people who win withholding of removal or torture protection are protected only from the country named in that decision. The government can still try to send them to a different country.

In both cases, you must say clearly that you are afraid of the other country. A legal group warns that ICE will not ask you on its own whether you fear being sent to a third country. You have to raise it.

What happens in court?

The government lawyer files a motion asking the judge to end (pretermit) your asylum application. Pretermit means ending a claim without a full hearing on your story.

Here is how it usually goes:

1. The motion. The government lawyer says one of the agreements covers you, and asks the judge to deny asylum so you can be sent to that country.
2. The judge decides this first. The Board of Immigration Appeals said in 2025 that the judge must decide the agreement question before looking at the rest of your asylum claim (Matter of C-I-G-M- & L-V-S-G-).
3. Your answer. You can tell the judge you fear harm in that country. Under the Board's decision, you must show you are likely to be persecuted or tortured there. If you show that, the agreement should not be used to send you there.
4. The decision. The judge rules on the motion. If the judge grants it, your asylum claim here ends. If the judge denies it, your case goes on.

The Board issued more decisions on government motions under these agreements in 2026 (Matter of E-A-R-M-, Matter of N-E-R-S- and Matter of A-C-M-). Your lawyer can tell you how they apply to you.

What can I say in court?

You can speak up. You do not have to agree. You may want to:

• Ask for time to find a lawyer. You have the right to a lawyer, at no cost to the government, which means you find one yourself.
• Say you are afraid of the third country. Say it clearly, in your own words. "I am afraid to go to Honduras because..." Explain why: threats, people who hurt you there, people from your country there, your identity, or anything else.
• Ask for an interpreter in your language and dialect if you need one. The court provides one.
• Not sign anything you do not understand.
• Ask the judge to explain anything you did not understand.

Legal groups advise listening carefully in court and talking to a trusted attorney before you say anything about these agreements. If you have no lawyer yet, asking for time is a strong first step.

Who is not covered?

Children who came alone. The law says the safe third country bar does not apply to unaccompanied children. If you came to the U.S. under 18 without a parent or legal guardian to care for you, tell the judge and your lawyer.

People the agreement does not fit. Under the court rule for these cases, you can still apply here if the judge finds any of these:

• The agreement does not apply to you, or does not block an asylum application here.
• You fit an exception in that agreement. Each agreement's exceptions are explained in its Federal Register notice.
• It is more likely than not that you would be persecuted or tortured in the third country.

DHS can also tell the court in writing that it has decided, in the public interest, to let you apply here. Which exceptions each agreement lists depends on its text, so a lawyer needs to read it for your case. This is a big reason to get a lawyer quickly.

What if the judge rules against me?

Act within days. The deadlines are short.

• Appeal to the Board. File Form EOIR-26 so the Board receives it within 30 days of the judge's decision. Mailing it on time is not enough. The fee is $1,060, or you can ask for a waiver on Form EOIR-26A. See How to appeal an immigration judge decision.
• While the appeal is pending, the judge's order generally cannot be carried out.
• Don't waive your appeal at the hearing unless your lawyer tells you to. Once you waive it, you cannot appeal.
• Ask about withholding and torture protection for your own country. Your lawyer will check whether those claims are still open.

If you are detained, your family can find you with the ICE detainee locator. See How to find a family member detained by ICE.

What should I do before my next hearing?

1. Check your hearing date at EOIR Automated Case Information.
2. Call a legal provider today. Say: "The government wants to send me to a third country under an asylum agreement."
3. Write down your fears about the third country: who, what, why. Bring it to the lawyer.
4. Gather proof if you have it: threats, news reports, anything showing danger to you there.
5. Go to every hearing. Missing one can lead to a deportation order without you. See Do I have to go to immigration court?
6. Keep your address current. Tell the court within 5 working days on Form EOIR-33.
7. Keep paying your yearly asylum fee. Not paying ends your asylum claim. See New immigration court and asylum fees in 2026.

Who can help?

These are free or low cost programs and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Asylum and deportation defense for people with low income in San Mateo and Santa Clara counties. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m.
• Catholic Charities San Francisco, immigration legal services (serves San Mateo County): (650) 285-6451.
• Asian Law Alliance (San Jose): (408) 287-9710.
• Catholic Charities of Santa Clara County: (408) 468-0100.
• Bay Area Legal Aid advice line: 1-800-551-5554, in all languages.
• Santa Clara County Office of Immigrant Relations: removal defense provider list.
• The court's own list: DOJ List of Pro Bono Legal Service Providers, under Concord.
• More options: Free lawyers and help for adults in immigration court.

Bay Area cases belong to the Concord Immigration Court, 1855 Gateway Blvd, Suite 850, Concord, 925-680-9015. Since the San Francisco court closed on September 4, 2026, some hearings are held at the Sansome Street location in San Francisco, run by Concord, or by video. Always follow the address on your own notice.

This kind of fear can wear you down. See Mental health care without fear. If you are in crisis or thinking about suicide, call or text 988 (988 Suicide & Crisis Lifeline, free, confidential, 24/7). If someone is in danger, call 911.

Questions people ask

I have never been to Honduras or Guatemala. Can they still send me there? It can come up. The law's wording does not require that you passed through the agreement country, and some agreement countries, like Uganda, are far from the routes most people travel. Each agreement may set its own limits, so ask a lawyer to read the one raised in your case. Tell the judge you fear going there, and why.

Does this mean my asylum case is denied? Not yet. The judge must first decide the government's motion. You can respond.

Can I still get withholding or torture protection for my own country? Ask your lawyer. Those protections have different rules, and they protect you only from the country named.

I am from a country with an agreement. Does it apply to me? Ask a lawyer. It depends on the agreement's terms and its listed exceptions. See Who is not covered?

What if I agree to go? Don't agree to anything until you talk with a lawyer. A choice made in court can be hard to undo.

Is there something I can print for court?

You are allowed to ask for safety, and you are allowed to speak up for yourself in that courtroom. Keep going, one hearing at a time. We are praying you find a good lawyer and real protection.