“Although Jeff Sessions could not impose a total ban on asylum for survivors, his intention to deny protection to as many as possible was borne ou t.” Although Sessions could not impose a total ban on asylum for survivors, his intention to deny protection to as many as possible was borne out. Grant rates for women and others fleeing violence, in particular from Central America, plummeted and women were sent back to their fates. It encouraged immigration judges to prejudge cases and deny whole categories of claims. A.B.’s case to overturn that 2014 precedent, setting the law back with devastating effects. This recognition culminated in a 2014 ruling explicitly recognizing intimate partner violence as a basis for asylum. has consistently recognized since the 1990s that women fleeing gender-based persecution may qualify as members of a “particular social group” deserving of protection.
Although gender is not included in that list, the U.S. impact other victim-survivors and asylum seekers?īlaine Bookey: To be granted asylum, one must show a fear of persecution on account of a protected reason-race, religion, nationality, political opinion or membership in a particular social group. How did Jeff Sessions’s stance against asylum for Ms. Mallika Kaur: Could you begin by setting the context about the stakes of this legal fight. This recent victory should serve as a humble reminder that even what is better (than many other parts of the world) about the very imperfect legal system in the United States cannot be taken for granted and has not come without great human costs, sustained fights by civil society and the daring of women who don’t give up. This course-correcting victory reaffirms what we know to be true: Violence within a home is not a private matter marriage is not an excuse for rape fair investigation and adjudication of your individual case, on its unique facts, is your right and widespread prevalence of gender-based violence is not an excuse for inaction but a reason for urgent action. Hastings, which took on the previous administration’s bullish attempts to push intimate partner violence back into the shadows.
A.B.’s formidable attorneys, Blaine Bookey, from the Center for Gender and Refugee Studies, at U.C. A.B.’s resolve and the tenacity of her legal team. ineligible for asylum protection on the basis of gender-based violence: a type of persecution he generally proclaimed as ineligible for relief. A.B.’s case flew into unanticipated prominence in 2018 when former Attorney General Jeff Session declared Ms. A.B., a Salvadoran woman who had fled horrific domestic violence. The Department of Justice has granted asylum to Ms.
Liles for NPR)Īn overdue legal victory has brought some hope to survivors of gender-based violence. The victory reaffirms: Violence in a home is not a private matter marriage is not an excuse for rape and gender-based violence is reason for urgent action. A.B., a Salvadoran woman who fled domestic violence.
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