DHS Motions to Pretermit Asylum Based on Asylum Cooperative Agreements (ACA) — What You Need to Know

In recent immigration court cases, we are seeing the Department of Homeland Security (“DHS”) file Motions to Pretermit (in plain language: motions asking the Immigration Judge to deny asylum without a full hearing) based on Asylum Cooperative Agreements (“ACA”).

These motions are serious and can put asylum seekers at risk of being denied protection before they ever have the opportunity to fully present their claim. If you or a loved one is currently in Immigration Court and applying for asylum, this is an issue you should understand immediately.

What Is a “Motion to Pretermit”?

A Motion to Pretermit is a request DHS files asking the Immigration Judge to:

• deny (or cut off) an asylum claim early, and/or
• refuse to schedule or allow a full evidentiary hearing (“Individual Hearing”)

In other words, DHS may argue that even if your fear is real, you should not be allowed to apply for asylum in the United States because another country has been designated as the place you should seek protection instead.

What Are Asylum Cooperative Agreements (ACA)?

An Asylum Cooperative Agreement is an agreement between the United States and another country that allows DHS to claim that certain asylum seekers should be sent to that third country to apply for protection there instead of in the U.S.

Historically, these agreements have been associated with Central American countries. In some cases, DHS argues that people who entered the U.S. seeking asylum should instead be removed to a country like Honduras, Ecuador, or other countries DHS claims are available under these agreements or related policies. 

These filings can be confusing for asylum applicants because:

• many individuals have never lived in that country,
• may not have family or ties there,
• may not speak the language,
• and may still face danger there.

Why DHS Files These Motions

DHS often files ACA-based motions to pretermit in order to argue that: (1) asylum is legally barred, or (2) the Immigration Court should not spend resources holding a full hearing, and as such the person should be removed to a designated third country instead

The Risk: Losing Asylum Without a Full Hearing

This is the most important point: A Motion to Pretermit can lead to asylum being denied before you even tell your full story in court.

Many asylum cases depend on: detailed testimony, credibility, corroborating documents, expert declarations, country condition reports, and witness statements. 

If DHS succeeds on a motion to pretermit, the Immigration Judge may rule that asylum will not be considered, and the case will proceed only with other defenses (if any exist), such as withholding of removal or Convention Against Torture (CAT).  But in most situations, the motion can leave a person with very limited options.

Why You Need an Experienced Immigration Attorney ASAP

When DHS files a Motion to Pretermit, you are no longer just “applying for asylum.”

You are fighting a legal motion that involves:

• immigration statutes and regulations
• court procedures and deadlines
• case law
• evidentiary rules
• due process arguments
• detailed country conditions analysis

This is not something most people can respond to properly on their own—especially while detained, traumatized, or dealing with language barriers.

In addition, timing matters!!!   If you miss deadlines or fail to respond properly, the consequences can be permanent.

What Should You Do If You Receive a Motion to Pretermit?

If DHS has filed (or threatens to file) this motion in your case:

1. Do not ignore it.
2. Do not assume the judge will automatically deny it.
3. Do not wait until your next court date to act.

Instead:

• request a copy of the motion immediately (if you do not already have it)
• gather your Notice to Appear (NTA), any prior filings, and upcoming hearing dates
• contact an experienced immigration attorney right away

Asylum Cooperative Agreement (“ACA”) arguments are complex—and DHS motions to pretermit can drastically change the direction of an Immigration Court case.

If you are seeking asylum before an Immigration Judge, the safest move is to get legal advice immediately. These motions can move quickly, and the legal consequences of mishandling them can be life changing.

Call us now to schedule a consultation: (602) 586-5625. 

Follow us on social media for all things immigration, family law, and personal injury.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship with Wheeler Law.