Tuesday, June 12, 2018

Trump administration moves to block victims of domestic abuse from claiming asylum

Los Angeles Times (Jun. 11, 2018): Trump administration moves to block victims of gang violence and domestic abuse from claiming asylum, by Evan Halper:

Attorney General Jeff Sessions has overturned precedent that created a basis for survivors of domestic violence in foreign countries to receive asylum in the United States. 

As Attorney General, Sessions' review of an earlier case that granted a Salvadoran woman asylum as a victim of physical and emotional abuse by her husband, including rape, is binding. A federal appellate court, though, has the power to overturn Sessions decision, and immigration advocates anticipate immediate challenges to the decision. 

To establish asylum in the United States, applicants must "prove that they have a reasonable fear of persecution because of their race, religion, nationality, political views or membership in a particular social group." Under the Obama administration, in 2014, a Guatemalan woman fleeing domestic violence was granted asylum after the immigration appeals board ruled that victims of domestic violence constituted, in some cases, "a particular social group." 

Advocates estimate that tens of thousands of U.S. asylum applicants annually fall into this precedential category targeted now by Sessions and the Trump administration. The United Nations High Commissioner for Refugees "warned that such action would violate international agreements the U.S. has entered into concerning refugees and would subject victims to being returned to situations in which their lives are in danger." The American Bar Association has also joined in voicing its concern that this ruling will further endanger those most vulnerable. 

Sessions has stated through this decision that the United States will not offer help to women suffering from and living in fear of domestic violence, rape, and death, as their situations constitute only "private crimes" that their home governments should be able to manage. He has cast doubt on well-founded assertions that police in the home countries of these women "often don't respond to reports of domestic violence" and rejects that, as such, these women constitute "a distinct group in need of protection by the U.S."

"The attorney general’s skepticism that victims of abuse lack effective recourse in their home countries runs counter to reports published by the U.S. Department of State on human rights conditions in those countries."

 

 

 

https://lawprofessors.typepad.com/reproductive_rights/2018/06/trump-administration-moves-to-block-victims-of-gang-violence-and-domestic-abuse-from-claiming-asylum.html

Current Affairs, International, Politics, Sexual Assault, Women, General | Permalink

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