Date of publication:

10/07/2026

Honduras

Do domestic laws and policies provide for protection from refoulement?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Article 101 of the Constitution of the Republic provides that “in no case shall a politically persecuted person or an asylee be expelled to the territory of the State that may claim them.”

This constitutional guarantee is complemented by Articles 44 and 46 of the Migration and Aliens Law. Article 44 establishes that no person or group of persons falling within the situations described in Article 42 of the Law shall be compelled to return to a country where their rights would be threatened. It further provides that persons seeking recognition of refugee status and recognized refugees shall not be returned from borders, ports, airports or after entry into Honduran territory. Article 44 also provides for the coordination of voluntary repatriation and resettlement processes with UNHCR.

In addition, Article 46 of the Law prohibits the deportation or expulsion of recognized refugees and of persons whose refugee status determination proceedings remain pending. The provision establishes an exception based on duly justified grounds of national security or public order and includes procedural safeguards for refugees lawfully present in the territory.
Taken together, these provisions establish protection against expulsion and give effect to the principle of non-refoulement within the Honduran legal framework.