AG: No Final Agreement Exists on US Third-Country National Transfers

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AG Benjamin

Attorney General Sir Steadroy Benjamin told Parliament Tuesday that Antigua and Barbuda has not entered into a final agreement with the United States on the transfer of third-country nationals, emphasizing that negotiations are still underway and that lawmakers were only being asked to approve the principles that will guide those discussions.

Responding to concerns raised during debate on a government resolution, Benjamin rejected suggestions that Parliament was being asked to endorse a completed agreement, saying no such document currently exists.

“The White Paper is not presented as a complete agreement, nor is this House being asked to approve a conclusive operating agreement. None exists,” Benjamin said.

He explained that the resolution seeks parliamentary approval of a framework that would define the government’s negotiating position while allowing Cabinet to continue discussions with U.S. officials.

“The role of this Parliament is to determine the governing principles and the limits within which the Executive may proceed,” Benjamin said. “Negotiation is, by its nature, an executive function.”

Benjamin said once Parliament establishes those principles, the Executive will negotiate within the boundaries set by lawmakers and return with any necessary legislation if a final agreement requires changes to domestic law.

He also stressed that Antigua and Barbuda has not surrendered its authority over immigration matters and would retain the right to approve or reject every individual proposed for transfer.

According to Benjamin, the government’s counterproposal requires Antigua and Barbuda’s written consent before any third-country national can be transferred, while preserving the country’s right to refuse any individual without providing a reason.

The attorney general said the negotiations have also been guided by conditions that exclude persons with criminal convictions, unresolved asylum claims and unaccompanied minors, while requiring the United States to bear all financial costs associated with any transfers.

Benjamin told Parliament that the government remains committed to ensuring any eventual agreement protects Antigua and Barbuda’s sovereignty, complies with the Constitution and reflects the principles endorsed by lawmakers.

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1 COMMENT

  1. Yes, you haven’t agreed to anything as yet Cutie, but that doesn’t mean a MOU from the US department of state has not been presented by the US to the GB administration.

    Reveal that MOU and let the people at least get a glimpse of what the US offered.

    Talk straight please..What you are doing is trying to negotiate the terms of the MOU, but the US has already put out its referendum on the matter, and has already present it to every country they approached.
    All now the public do not know what the US has presented..why keep it a secret, but instead you are here talking about your stupid white paper, trying to distract the nation.

    This slight of hand by this government has to stop..they claim that they will be transparent going forward, but I doubt it..
    A lying tongue is a hard thing to tame. Goodness me!

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