A growing number of asylum cases are being denied without a full hearing. This practice is known as pretermission.
Pretermission means an immigration judge denies an asylum application without taking live testimony. There is no trial, no witnesses, and no opportunity for the applicant to explain their story in court. Instead, the judge decides the case based solely on the written application and the law.
Immigration Judges may pretermit a case when they believe the law clearly bars the applicant from asylum, even if the underlying facts have never been tested in a hearing. One common reason the government seeks pretermission involves the Asylum Cooperation Agreements, often called the ACAs.
Under these agreements, the United States took the position that people who traveled through certain Central American countries on their way to the U.S. should have sought asylum there first. The countries named in these agreements were Guatemala, Honduras, and El Salvador.
If a person passed through one of those countries and did not apply for protection there, and cannot show that an exception applies, the government may argue that they are barred from applying for asylum in the United States.
This issue often arises for people from other countries, such as Nicaragua or Cuba, who traveled through Central America before reaching the U.S. In those cases, the Department of Homeland Security (DHS) may file a motion asking the judge to pretermit the asylum application based on the ACA. If the judge agrees, the case can be denied without a hearing.
Pretermission is not automatic, and it can be challenged. A person may argue that they did not pass through one of the covered countries, that they sought or were denied protection there, that they qualify for an exception, or that the ACA was not in effect at the time of their entry into the United States. Each of these arguments depends heavily on timing, travel history, and the specific facts of the case.
Because pretermission can end an asylum case before it is ever heard, it is especially high-stakes. If you or someone you know is facing a possible denial based on the Asylum Cooperation Agreements, it is critical to speak with a trusted immigration attorney as soon as possible.
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At USA Immigration Today, we break down confusing topics like this not to scare you, but to empower you. The more you understand the rules, the better positioned you are to avoid costly mistakes.
