Negotiations over a potential bilateral migrant transfer agreement between the United States and Antigua and Barbuda are still ongoing, with no final deal yet reached, after Washington publicly released its draft operating framework alongside the Caribbean nation’s counter-proposal over the weekend.
Under the U.S. government’s proposed framework, eligibility for transfer to Antigua and Barbuda is strictly limited to a narrow group of migrants: only third-country nationals who have already received final or expedited removal orders from U.S. immigration authorities can be considered for transfer. Additional pre-transfer conditions are also laid out in the draft, including mandatory medical clearance issued by the U.S. Department of Homeland Security to confirm an individual is fit to travel. This restrictive eligibility criteria makes clear that the arrangement, if enacted, would only apply to people already marked for deportation by U.S. officials, with no room for transferring migrants outside this defined group.
The U.S. draft also outlines explicit exclusions that bar certain groups from being transferred. Unaccompanied minors under the age of 18 are categorically excluded, as are citizens and nationals of Antigua and Barbuda itself. Most people with known criminal records are also blocked from participation, with the only exception being individuals whose only offenses are violations of U.S. immigration law.
A key oversight provision retained by Antigua and Barbuda in the U.S. draft is full authority to reject any individual proposed for transfer. Any nominee that does not receive approval from the Antigua and Barbuda government will not be admitted to the country, and will instead be sent back to U.S. custody, the U.S. document confirms. Before any transfer is processed, U.S. authorities are required to share all available information on the proposed individual with Antigua and Barbuda, covering biometric data, nationality, date of birth, gender, results of medical screening, and any available details regarding criminal history.
In response to the U.S. proposal, the government of Antigua and Barbuda has submitted its own counter-proposal that adds extra layers of safety and oversight to the arrangement. These additional safeguards include requirements for explicit, written prior approval for every individual transferred, more stringent criminal and national security screenings, mandatory health and immigration verification, enhanced sharing of protection-related data, and a requirement for valid travel documentation for all transferees.
Antigua and Barbuda is also pushing for formal confirmation that every person proposed for transfer has been fully informed that Antigua and Barbuda will be their destination, understands that the arrangement is temporary in nature, and has provided written confirmation of their willingness to be relocated.
As negotiations between the two governments continue, Attorney General and Minister of Legal Affairs Sir Steadroy Benjamin is set to table both the U.S. proposal and Antigua and Barbuda’s counter-proposal before the country’s House of Representatives for legislative review.