The Trump administration has repeatedly threatened countries and led them to sign these agreements. Guatemala signed an agreement on a “safe third country” after the government threatened it with tariffs, travel bans and transfer taxes. Prior to the launch of the Remain in Mexico program, the government threatened to impose tariffs on all Mexican products. 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. In November 2020, the Trump administration adopted a final interim rule for the implementation of agreements with Guatemala, Honduras and El Salvador. Since then, the United States has deported Honduran and Salvadoran asylum seekers to Guatemala, repatriating at least 1,000 adults and children to the country.
For all other countries that could be classified as safe third countries in the future, a safe third country is a country in which a person who passes through that country could have applied for refugee protection. In Canada, section 102, paragraph 2 of the Immigration and Refugee Protection Act sets out the criteria for designating a country as a safe third country. Since 1989, Canadian law has made the denial of asylum seekers because of “safe third country” reasons, but the provision has never been invoked. In the mid-1990s, the governments of the United States and Canada came up with an agreement that is currently on the table, but negotiations were halted before it could be concluded. The principle of family reunification should go beyond such an agreement and the applicant`s right to counsel should be established. Persons returned to one country or other countries should only be detained when they pose a threat to safety or the public, and children should only be detained as a last resort. The power of discretion should be used to allow the admission to Canada of the following persons: applicants who are less likely to be accepted in the other country, including those with a right to equality between women and men; Survivors of torture; People who would be arrested if returned to the other country; Applicants with special physical or psychological health needs; People who do not need help in either country; People with connections to the country, including language links, who help with integration; People who are not allowed to assert their rights in the other country. The system should be respectful and accountable to the people it serves. Applicants must be treated by the host country in accordance with human rights standards and international principles of refugee protection.