In December 2002 the United States and Canada signed an agreement which would essentially limit asylum seekers from third countries to seek asylum in either the United States or in Canada, which ever nation the applicant first entered.
Both countries have now published regulations to implement this agreement. The agreement allows either country to return asylum seekers from third countries to the U.S. or Canada. According to the press release announcing the publication of the USCIS' regulation on November 24, 2004, the agreement applies only to asylum seekers at a U.S.-Canada land border ports of entry or asylum seekers who are being removed from Canada or the U.S. to a third country through the U.S. or Canada. The agreement provides that the asylum seeker be returned to Canada, if coming to the U.S. from Canada, or returned to the U.S., if going to Canada from the U.S., for consideration of any request for protection based on fear of persecution or torture. Exceptions for unaccompanied minors and some asylum seekers with family ties in the U.S. are also included in the agreement.
United States citizenship and Immigration Services announced that it is publishing a final rule to implement the bi-lateral agreement. The final rule, and the agreement, will take effect on December 24, 2004, 30 days from the rule's publication date.
For more information see:
http://uscis.gov/graphics/publicaffairs/newsrels/Safe3rd_OPA_11_24_04.pdf
