Implementation of the Agreement Between the Government of the United States of America and the Government of Canada Regarding Asylum Claims Made in Transit and at Land Border Ports-of-Entry

Status: In force. The effective date has passed and nothing here records a change to that.

From the published effective date. Nothing here records a court changing it.

• Document number: 04-26239
• Type: Final Rule
• Published: November 29, 2004
• Effective: December 29, 2004
• Agency: Homeland Security Department

Official abstract

This rule codifies specific terms of an agreement between the United States and Canada that permits the respective governments to manage which government decides certain aliens' requests for protection from persecution or torture pursuant to domestic implementation of international treaty obligations. This rule establishes U.S. Citizenship and Immigration Services ("USCIS") asylum officers' authority to make threshold determinations concerning applicability of this agreement in the expedited removal context. In addition, this rule codifies the existing definitions of "credible fear of persecution" and "credible fear of torture" without altering those definitions.

Primary source

Read the full text on the Federal Register

This page is a structured index entry, not a substitute for reading the rule. This is not legal advice.

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Data updated October 2, 2026