ecuador

Last updated December 5, 2025

Agreement Date: July 2025

Agreement: Asylum Cooperative Agreement through public diplomatic notes.

Transfers: No transfers are known to have occurred.

U.S. Litigation: U.T. v. Bondi

Ecuador and the United States secretly signed what appears to be an Asylum Cooperative Agreement (ACA) in July 2025. On September 1, 2025, Ecuador’s Foreign Minister announced that the country is considering receiving from the United States asylum seekers of certain nationalities on a “case-by-case” basis, with discussions centering on an annual cap of 300 individuals per year. U.S. officials, by contrast, have emphasized that there is “no specific quota” in the agreement. Diplomatic notes dated July 16 and July 23, 2025 regarding the agreement between the United States and Ecuador were published in the U.S. federal register on November 17, 2025. The diplomatic notes do not provide specific information about the terms of the agreement, and stated that another instrument will define eligibility criteria for transfers. Nationalities that could be subjected to the agreement are unknown. 

An ACA is an agreement where the United States bars asylum seekers from applying for U.S. asylum and sends them to a third country to apply for protection there. U.S. law governing “safe third country” agreements provides that asylum seekers cannot be sent to third countries for assessment of their asylum claims unless they would be safe from persecution and have access to full and fair asylum procedures. The agreement with Ecuador is the subject of litigation in U.S. federal court in U.T. v. Bondi, which challenges the legality of several aspects of the ACAs purportedly entered into under the safe third country provision of U.S. law. This includes a 2019 Department of Homeland Security (DHS) interim final rule purporting to authorize the ACAs (ratified by DHS in 2025), DHS guidance implementing them, and designations finding that countries with which the United States has ACAs provide access to a “full and fair” asylum system. The current and former Trump administrations have repeatedly entered into ACAs with countries that do not meet safe third country requirements. U.T. v. Bondi began as a challenge to ACAs during the first Trump administration as U.T. v. Barr.

The agreement between the United States and Ecuador has been part of broader negotiations between the two countries. The agreement was discussed during U.S. Secretary of State Marco Rubio’s visit to Ecuador in early September 2025, when Washington pledged $20 million dollars in security assistance to the country. An anonymous State Department official cited in various outlets insisted that “it was not a quid pro quo for the asylum deal and was not tied to a specific number of asylum seekers.” The following day, President Trump signed an executive order offering Ecuador potential relief from new tariffs in exchange for “meaningful” trade and security commitments. In September 2025, Secretary of State Rubio suggested that a free trade agreement with Ecuador was possible. On November 14, 2025, the United States and Ecuador announced a new reciprocal trade agreement designed mostly to increase U.S. exports to Ecuador but also giving “Most Favored Nation (MFN)-tariff treatment” to Ecuador for certain qualifying goods that cannot be grown, mined, or naturally produced in the United States. The United States remains Ecuador’s largest trading partner, giving the negotiations clear economic and political weight. 

Despite Ecuador’s long history as a host country for displaced populations, since early 2024 Ecuador has faced a surge in organized crime and escalating violence so severe that President Noboa declared the country to be in a state of “armed conflict.” A program implemented from 2022 to 2024 to regularize the status of tens of thousands of Venezuelan migrants has been suspended amid shifting policies, even as new regional displacement pressures mount. This deterioration in security and increasing violence has in turn prompted outward migration by Ecuadorians themselves. Ecuador’s asylum system is more developed than some other asylum systems in the region but it remains under strain and backlogged. The potential addition of asylum seekers sent from the United States raises questions about the capacity of Ecuador’s asylum system and the risks facing those who may be expelled there given the insecurity. In October 2025, Ecuador reformed its Organic Law on Human Mobility to make it more difficult for migrants to gain full access to education, formal employment, or health services.