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

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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