The United States can again grant asylum to victims of domestic violence

The United States can again grant asylum to victims of domestic violence

Earlier this year, the Justice Department vacated a decision by former attorney general Jeff Sessions that made it impossible for victims of domestic violence to seek asylum in the United States.

In that case, to win asylum, immigrants had to prove that they suffered or feared persecution based on their religion, race, nationality, political opinion, or membership in a particular social group. 

Victims of domestic violence were part of a group defined as married women in Guatemala who are unable to leave their relationships. However, in a case called Matter of A-B-, Sessions “overruled a previous court decision that recognized a certain category of domestic violence survivors as eligible for asylum based on their membership in a particular social group,” according to an article by Buzzfeed News.

A decision made by attorney general Merrick Garland vacates Sessions’ decision in favor of establishing future regulations that would address who can be considered a member of a particular social group.

Could this lead to meritless asylum claims?

A counselor to the attorney general under the Trump administration, Gene Hamilton, cited by Buzzfeed News, said Merrick’s decision could lead to thousands of meritless asylum claims.

“The Biden Administration will deport roughly zero percent of those who do not qualify for asylum,” he said, adding that it will also cause delays on the relief for legitimate asylees.

If you have questions about immigration in San Diego, California, contact an immigration attorney today. Kannan Law is ready to serve you.