Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Thursday, July 26, 2018

Law Profs Speak Out on Attorney General Decision to Deny Asylum for Domestic Violence

Nermeen Arastu, Janet Calvo, and Julie Goldscheid, What Jeff Sessions' Efforts to Deny Asylum to Domestic Violence Victims Look Like, Slate

Last week, the Department of Homeland Security released a policy memorandum providing guidance on how United States Citizenship and Immigration Services officers should implement Attorney General Jeff Sessions’ decision last month to do away with asylum for most domestic violence survivors. Sessions’ decision in Matter of A–B–, a case involving a domestic violence survivor’s application for asylum, overturned a prior ruling that explicitly recognized that those fleeing domestic violence may qualify for asylum. With the A–B– decision and accompanying guidance, the administration aims to reject decades of reform by flatly stating that these claims “in general” will not be grounds for asylum relief. These steps confirm the administration’s efforts to thwart our country’s prior commitments to end gender violence and support survivors, and to place the United States outside the global consensus, flouting international law.

Caroline Bettinger-López and Rachel Vogelstein, Sessions' Draconian Asylum Decision, Foreign Affairs Mag.

U.S. Attorney General Jeff Sessions made a radical decision that will undoubtedly result in death or significant harm to some of the world’s most vulnerable women: victims of domestic violence who live in countries that do not, or cannot, protect them from their abusive partners. Over the past two decades, the United States has provided a safe haven to many of these women through its asylum laws. In a heartless move that flouts established U.S. law and international human rights standards, Sessions found that a domestic violence victim from El Salvador—perhaps the most dangerous country on earth in which to be a woman—would not qualify for asylum, even though her own country had utterly failed to protect her.

In previous years, whether the United States was under a Republican or Democratic president, such a decision would have been unthinkable. The State Department’s human rights reports routinely criticize other countries for their lack of protections for domestic violence survivors, and U.S. asylum laws have evolved over the years to account for the multiple forms of persecution that victims may suffer—including persecution at the hands of a private actor—when their governments fail to provide protection. 

Asylum protections for victims of gender-based violence have been well established for decades—not only in the United States but also under the international human rights system. The United Nations’ 1951 Refugee Convention established the right to claim asylum on the basis of gender-based persecution and crimes. Historically, nations treated domestic violence as a private matter to be resolved between partners and families. But in modern times, violence against women has come to be understood as a human rights violation—a form of gender-based discrimination that subordinates and oppresses women. 

http://lawprofessors.typepad.com/gender_law/2018/07/law-profs-speak-out-on-attorney-general-decision-to-deny-asylum-for-domestic-violence.html

International, Violence Against Women | Permalink

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