U.S Attorney General Denying Asylum to those Fleeing Domestic and Gang Violence
The United States of America is a country known to others as the land of freedom and opportunity. It is one of the biggest known reasons for which people immigrate to this country in search of a better life. Well for some that is not the case. Some people have to leave their countries due to being victims of domestic and/or gang violence. On June 11th, 2018 the Attorney General, Jeff Sessions decided to overrule Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014). The Attorney General’s decision means that anyone who came to The United States of America trying to claim asylum based on domestic and/or gang violence can no longer do so. These people who flee from their home countries in search of a better life do not deserve to be turned back around at the border by the Trump administration.
Any individual who is looking to apply for asylum must show that race, religion, nationality, membership in a particular social group, or political opinion are the basis for their persecution. See, e.g., In re R-A-, Respondent, 22 I. & N. Dec. 906, 2001 BIA LEXIS 1. An immigration judge granted a respondent’s application for asylum who claimed persecution on the basis of a social group found to be, “Guatemalan women who have been involved intimately with Guatemalan male companions, who believe that women are to live under male domination". Honduras, El Salvador, and Guatemala are a few of the countries in which the law does not get involved in home affairs such as a husband physically abusing his wife. These are also the countries in which drug cartels and gangs cannot be controlled by the government and have a government that has been compromised by corruption.
Women who leave everything behind and risk everything in order to escape the torture they are living through in hopes of beginning a new life in The United States of America are now being told they have no bases for an asylum claim due to this change in immigration policy.
The United States of America is a country devoted to protecting women who are victims of emotional and physical abuse. This is a privilege to have seeing as other countries don’t do much for women who are victims of their intimate partners. The United States of America passed the Violence Against Women Act (VAWA) in 1994 which is a federal law that provides aid to these women who have been victimized in The United States of America. Denying asylum to these women who are victims of domestic abuse even though it occurs outside our borders contradicts the United States’ views on protecting women. The law clearly states that an asylum claim can be based on a, “membership of a particular social group” so why not create a social group to protect these victims.
Not only are women being tortured by their partners in their native land but there are also children and men being victimized by the gang violence that occurs in such countries. Gangs such as MS-13 that originate in Central America target young teenagers for recruitment. See U.S. DEPT OF STATE, HONDURAS 22016 HUMAN RIGHTS REPORT 1, 4-5 (2016). In Honduras alone, many parents or family members do not want that for their children and that is when the gang starts to attack those who oppose them. What’s to keep in mind is that gang violence in these countries are not in terms of just stealing, beating up, or raping but also includes murder. Honduras is a country that is overrun by gangs so when a person has been attacked or is being threatened by those criminals and they call for the law’s protection no one is there to help them.
Gangs in Honduras have their own people infiltrated into the law enforcement agencies so there is no such thing as calling for help because most often they will not be there to help.
It is then, when people find themselves with no choice but to throw all their eggs in a basket and ask for asylum at U.S border. The United States of America is allowing these gangs to continue taking dozens of lives by turning away people who are trying to claim asylum based on gang violence. As can be seen the Attorney General’s decision is not just a way to keep immigrants away but is also a way to end their lives by sending them back to a country that is in the midst of a war between gangs and natives.
This decision not only is barbaric but also goes against the International Bill of Human Rights. The Unites States of America has based asylum policies off of the International Bill of Human Rights. This is to protect individuals from the abuse of human rights. The Attorney General, Jeff Sessions is currently being sued by the American Civil Liberties Union (ACLU) over denying asylum for those based on domestic and gang violence. According to an article found on the ACLU website, Jeff Sessions has instructed immigration officers to apply a “credible fear process” which is defined as:
A “credible fear” interview is a threshold screening that determines whether there is a “significant possibility” that an immigrant could show they are eligible for asylum in a full hearing with evidence, witnesses, and appeals. If so, they get that chance; if not, they are quickly removed from the United States.
Cody Wofsy & Katrina Eiland, Jeff Sessions’ Illegal Attacks on Asylum Seekers, ACLU (Aug.7, 2018, 4:30 PM), https://www.aclu.org/blog/immigrants-rights/deportation-and-due-process/jeff-sessions-illegal-attacks-asylum-seekers.
By using that process Jeff Sessions, is making it a point that these asylum seekers are strictly not wanted in The United States of America and that he’s doing everything possible to keep them out. Like stated before the U.S asylum policies are written from The International Bill of Human Rights so by doing everything in his power to not help out those being abused of their human rights he is in fact making decisions that go against international law.
There are so many people who need help getting away from inhabitable locations due to the violence and crime of these third world countries whom could be very valuable to our country and we are not helping them out. These individuals have a very hard time finding jobs in order to survive on their own in their country of origin. With the chance of better life here why not give it to them there are plenty of jobs that Americans do not want but someone has got to do, and these people are willing to take them. America is all about building a better future and was built from a melting pot so applying the laws that help make us a better country altogether should be happening not trying to keep out those who want to become a part of us.
In conclusion, if being a “Guatemalan women who has been intimately involved with a male companion that believes women are to live under male domination” is not seen as a social group that claim basis for asylum. Then maybe there should be one created that can provide asylum claims to domestic and gang violence victims. One that should be incorporated to the asylum policies and not taken away by an Attorney General. Individuals that come from countries that have a government who cannot control the gang violence and who don’t get mixed in problems that arise from couples that are intimately involved are individuals who are being persecuted. They may not be persecuted by the government itself but if there is no higher entity in those countries other than cartels and gangs that leaves behind the natives with no protection and in harm’s way. People in other countries cannot just keep on dying and being left to die by countries that can protect them such as The United States of America. There needs to be something done to help these individuals by using the law to help create a social group they can be a part of in order to claim asylum. By doing so not only will we help save their lives but also help provide a better future for them one that they could have possibly never achieved in their homeland.