What is “pretermit”?

If you have applied for asylum in the United States, you may recently have received notice that the government (DHS) wants to pretermit (cancel or dismiss) your case without a full hearing. This is happening more often in 2025–2026, especially because of new agreements with other countries.

This is serious, but you have rights and strong ways to fight it. Many people are successfully defending their cases. This guide explains what’s happening in plain language and what you and your lawyer can do.

Pretermission means the judge can dismiss your asylum application without hearing the full story of why you fear returning to your home country. The government says your case doesn’t meet basic legal rules or that you should apply for safety in another country instead.

Important:

• This does not automatically mean you can never come back to the U.S.
• It does not block other types of help (like family petitions, humanitarian relief, or protection from torture).
• You still have the right to fight the decision.

The government has made new deals called Asylum Cooperative Agreements (ACAs) — also known as “Safe Third Country” agreements — with countries like Guatemala, Honduras, Ecuador, and Uganda. These deals let the U.S. send some people to those countries to seek asylum instead.

In 2025, new rules made it easier for judges to dismiss cases quickly using these agreements. Thousands of motions are being filed every month.

Ask yourself (and tell your lawyer immediately):

• Were you a child who arrived in the U.S. without a parent? (Unaccompanied Child) ? Usually protected from these agreements.
• Did you enter the U.S. on or before November 18, 2019? ? These agreements usually do not apply.

If the answer to either question is yes, tell your lawyer right away — this is often the strongest defense.

Other important questions:

• How did you enter? (Crossed the border without papers? Came with a visa or parole?)
• What is your nationality? (Some agreements only apply to people from certain regions.)
• Do you have any criminal record? (Some countries won’t accept people with serious crimes.)

Your lawyer will use these details to argue the agreement doesn’t apply to you.

1. Talk Openly with Your Lawyer Be honest and detailed. Your lawyer needs to know:

• Have you ever been to the third country they want to send you to?
• Did you pass through it on your journey?
• Are you afraid to be sent there? Why? (Be specific — danger to you personally, not just general problems.)
• Have you or your family faced harm there before?

2. Strong Defenses Your Lawyer Can Raise

• The motion was filed too late (you didn’t have enough time to respond).
• The agreement doesn’t apply to your nationality, way of entry, or situation.
• You would be in danger in that third country (especially if you are LGBTQ+, from a targeted group, or have strong personal reasons).
• You have the right to a full, fair hearing in the United States.

3. Prepare Your Story Your lawyer may ask you to focus on why you fear the third country. Gather any evidence you have (messages, photos, news articles, witness statements). Even if you’ve never been there, you can sometimes show why it would be unsafe for someone like you.

4. Stay Calm and Organized

• Keep all court papers and deadlines.
• Respond quickly to your lawyer’s requests.
• If you’re in detention, tell your lawyer immediately — this can affect strategy.

Some judges hold very short hearings and focus only on the third-country question. They may not let you fully explain your original fear of returning home.

Good news: Some judges have denied these motions when:

• The government filed too late.
• The person clearly faces serious danger in the third country.
• The third country has already reached its limit (quota) of people it will accept.

You can appeal the decision. Your lawyer will file paperwork (Form EOIR-26) and explain why the judge made a mistake.

During the appeal:

• You may be able to ask for bond (release from detention).
• Think about what you want: Do you want to fight to stay in the U.S.? Are you open to going to the third country if it’s safer than home?

Even if you lose, you might still qualify for other protection or have options once back in your home country or the third country.

• These agreements are being challenged in court right now. Changes could happen that help your case.
• Pretermission does not mean the third country has already agreed to take you. Sometimes people stay in U.S. detention longer while this is sorted out.
• DHS is filing these motions in many cases that meet certain dates — not necessarily because your story is weak.

1. Gather any documents or evidence about danger in the third country.
2. Ask your lawyer these questions:
   • Does one of the exceptions (UAC or old entry date) apply to me?
   • What are our strongest arguments?
   • What other kinds of immigration help might still be available?