Publications ArchivePublication Tag: Asylum
U.S. Asylum Deterrence Policies Increase Risk of Gender-Based Violence
A new report by Oxfam America and the Tahirih Justice Center documents how common it is for migrants seeking asylum to experience gender-based violence in Mexico while waiting to access the asylum process in the U.S. In Surviving Deterrence: How U.S. Asylum Deterrence Policies Normalize Gender-Based Violence, Oxfam America and Tahirih explain how U.S. asylum deterrence policies, such as border closures and expulsions, exacerbate conditions that cause gender-based violence to proliferate at the southern border. The report further asserts that survivors who do manage to apply for asylum face an inequitable and re-traumatizing process on a systemic level.
Letter to ICE on Order of Removal
Tahirih sent a letter to Immigration and Customs Enforcement concerning the methods of delivery that should be used for immigration court notices used as the basis for an in absentia order of removal. The letter stresses that ICE must account for the effects of trauma on people seeking asylum and coordinate its address lists with the Executive Office for Immigration Review.
Tahirih Denounces New Opinion on Matter of A-R-C-G-
Today, the U.S. Court of Appeals for the Fifth Circuit issued a new opinion that will prevent many immigrant survivors of horrific abuse from receiving protection in the United States. In a case called Matter of A-R-C-G, the Board of Immigration Appeals held that survivors of domestic violence could receive asylum as members of a particular social group protected by U.S. law. In 2018, Matter of A-R-C-G was pushed aside by a decision of then-Attorney General Jeff Sessions, claiming that domestic violence survivors are generally not entitled to asylum. Earlier this year, Matter of A-R-C-G- was reinstated by the Biden administration but the Fifth Circuit has now overruled that decision.
Tahirih Launches Helpline for Afghan Evacuees
The Tahirih Justice Center launched its Afghan Asylum Project to support Afghan citizens who recently arrived in the United States. Beginning September 13, Afghan citizens seeking assistance can call a dedicated, toll-free line (888-991-0852) and be connected with resources and local organizations that are providing on-the-ground support. In addition, trauma-informed Tahirih staff will be conducting legal screenings remotely with anyone presenting gender-based asylum claims for potential legal representation by Tahirih staff and Tahirih’s pro bono network.
NEW REPORT REVEALS NEED FOR NAMING ‘GENDER’ AS SIXTH GROUND FOR ASYLUM
A new report by the Tahirih Justice Center highlights the urgent need for ‘gender’ to be recognized as the sixth protected ground for asylum. In Ensuring Equal and Enduring Access to Asylum: Why ‘Gender’ Must be a Protected Ground, Tahirih asserts that current U.S. asylum laws, as applied, fail to adequately and consistently protect survivors fleeing gender-based violence, leaving them vulnerable to further abuse and trauma. The inclusion of gender as a sixth ground is one of several critical steps needed to transform our immigration system into one that fully understands and meets the needs of survivors.
Ensuring Equal and Enduring Access to Asylum: Why ‘Gender’ Must be a Protected Ground
To ensure equal and enduring access to asylum for survivors of gender-based violence, the U.S. must join other countries in adding a gender as an independent basis for asylum.
Tahirih’s latest report, “Ensuring Equal and Enduring Access to Asylum,” lays out six arguments for why gender must be a protected ground.
Amicus Brief in M-D-C-V-
Tahirih Justice Center and partner organizations filed an amicus brief in the Ninth Circuit in support of an asylum-seeker who was improperly detained in the United States and forcibly returned to Mexico under the MPP program. The brief explains that even if MPP were legal, it is limited by statute to persons arriving at a port of entry. DHS’s actions of applying it to persons who, like Petitioner here, were already in the United States, are illegal and result in substantial harm including physical danger, inability to access counsel, and extreme difficulty just in travelling to immigration court.