Guyana

The United States and Guyana have signed a third country national transfer agreement, but the operational details are unknown. 

The disclosed diplomatic note from Guyana’s Ministry of Foreign Affairs says only that Guyana will accept third country nationals and assures that they will be not be subject to torture or persecution in Guyana or transferred by Guyana to any country where they would be so subject. Notably, Guyana is not a party to the 1951 Refugee Convention or its 1967 Protocol. It also has no national legislation for granting asylum and UNHCR has a recently reduced presence in the country. That Guyana is not legally bound by the non-refoulement obligations of the Refugee Convention puts at risk third country nationals removed to Guyana and particularly those granted withholding of removal or Convention Against Torture protection by U.S. immigration judges. Guyana is also the only country in South America to outlaw male homosexuality. LGBTQ+ individuals face discrimination and violence in Guyana and victims of anti-gay violence face extortion by police officials who threaten to arrest them due to the country's law criminalizing homosexuality. This makes it especially concerning that the U.S. has threatened to forcefully transfer to Guyana a gay man granted with withholding of removal to his home country.  

According to Guyana’s Foreign Secretary, Guyana would consider admitting selected migrants without criminal records who possess skills sought in Guyana’s labor market. Guyana’s private sector faces significant labor shortages as the country’s economy expands rapidly due to its oil boom. Guyanese authorities have asserted that Guyana would retain the right to refuse any individual whom the United States proposes for transfer, and that the United States would bear the costs of integrating third country nationals.