Earlier this year IANGEL submitted a public comment, written by legal intern Zoya Chakourski, opposing an asylum rule proposed by several United States departments that nearly obliterates the ability to obtain gender-based asylum. IANGEL disputes the proposed rule “on the grounds that it is inhumane, unreasonably burdensome, and contrary to the U.S. Government’s international obligations”.
The proposed rule, referred to as the Joint Notice of Proposed Rulemaking (NPRM), has been introduced by the U.S. Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS), and Department of Justice (DOJ) Executive Office for Immigration Review (EOIR). IANGEL urged the departments to rescind the proposed rule and to instead implement policies that advocate for those fleeing gender persecution.
Obtaining asylum in the U.S. is not an effortless process. To demonstrate eligibility for this form of immigration relief one must clear considerable legal hurdles – hurdles made higher still by the violence, trauma and fear that many asylum-seekers face on a daily basis. The proposed rule would make obtaining asylum relief essentially impossible for many, and especially difficult for the most vulnerable demographic of asylum-seekers – women.
IANGEL’s comment
The rule, which would essentially prevent gender-based violence from being used as a valid basis for asylum, leaves victims of gender-based oppression and persecution without the ability to shelter in the United States. In this, the comment notes that “under the proposed rule, survivors of domestic violence would be punished by the U.S. government for their native government’s failure to protect them.” The rule also fails to acknowledge larger trends of gender oppression in individual countries, as this could be seen as “stereotypical”, and delegitimizes claims to broader gender-persecution experienced in an area.
To get to the U.S. at all, asylum-seekers embark on life-threatening journeys, defying their countries, families, and social order. For women, the process is almost always more challenging. The bravery, tenacity, and perseverance of asylum-seekers who have endured rape, severe domestic violence, human trafficking, forced marriage, female genital mutilation/cutting, “honor” violence, and other forms of gender-based violence, as they encounter immense danger while also navigating the complexities of the U.S. legal system is inspiring. Many victims of violence already face injustice at the hands of U.S. immigration policies – to further complicate these policies, denying a vast majority of asylum-seekers safety, is cruelty in the extreme. The least that people seeking refuge in the U.S. deserve is a chance to have their claims justly evaluated by U.S. courts.
iangel’s comment
IANGEL’s comment was sent to both the Executive Office for Immigration Review and the Division of Humanitarian Affairs of U.S. Citizenship and Immigration Services. You can read and download the full comment below.
IANGEL-Asylum-Rule-Comment-Final-07-15-20