Negotiations between the United States and Antigua and Barbuda over a framework for transferring third-country nationals removed from U.S. territory are ongoing, with both sides having tabled distinct proposals outlining eligibility rules, security safeguards, and transfer limits. The U.S. draft proposal, which was made public alongside Antigua and Barbuda’s counterproposal by the Caribbean nation’s government on Sunday, includes strict eligibility guardrails that would bar most individuals with known criminal records from being transferred. The only exception to this criminal record ban would be offenses solely related to violations of U.S. immigration law. Additional categories excluded from eligibility under the U.S. plan include unaccompanied minors under the age of 18, as well as citizens and permanent nationals of Antigua and Barbuda. To qualify for potential transfer under the U.S. framework, individuals must hold final or expedited removal orders issued by U.S. authorities and hold medical clearance for travel issued by the U.S. Department of Homeland Security. Crucially, the U.S. proposal does not mandate that Antigua and Barbuda accept every individual put forward for transfer. Any candidate that does not receive formal approval from Antigua and Barbuda’s government cannot be admitted into the country and must be returned to U.S. custody. Before any transfer proceeds, U.S. officials are required to share all available background information on the individual, including biometric data, nationality details, date of birth, gender, medical screening results, and either documentation of any known criminal record or official confirmation that no criminal history is on file. The current negotiations stem from a preliminary memorandum of understanding signed by both governments in Washington back in December 2025, which laid the groundwork for talks on establishing a formal transfer process. Antigua and Barbuda has responded to the U.S. proposal with a counterproposal that adds multiple layers of additional safeguards to protect the nation’s sovereignty and reduce potential burdens. Key demands in the Caribbean nation’s counterproposal include requiring explicit, prior written approval from Antigua and Barbuda for every individual proposed for transfer, more robust criminal and national security screenings, additional health and immigration background checks, requirements for valid travel documentation, and formal confirmation that the individual has been notified of their destination and provided written consent to the transfer. Antigua and Barbuda’s proposal also caps the total number of transfers at seven individuals per three-month period, a limit the government emphasizes is a maximum ceiling, not an mandatory quota or obligation to accept transfers. This cap represents a notable departure from the U.S. proposal, which allows for a higher volume of transfers and permits Antigua and Barbuda to choose whether to exceed any preliminary numerical limits. Antigua and Barbuda’s government says its counterproposal is designed to preserve the nation’s sovereign right to approve or reject every transfer candidate, while ensuring that any final agreement does not place an unsustainable security, financial, or administrative strain on the country. As negotiations continue, both the U.S. proposal and Antigua and Barbuda’s counterproposal are scheduled to be presented to the nation’s House of Representatives by Attorney General and Minister of Legal Affairs Sir Steadroy Benjamin. No final agreement has been reached, and talks between the two governments are still ongoing.
U.S. Proposal Excludes People With Known Criminal Records From Transfer to Antigua and Barbuda
