I know June was ~ a month ~ but I’m just now reading and working on responding to the new proposed asylum rule from the Trump admin and it’s actually bonkers, would effectively end asylum claims for almost all of LGBTQ people.
Some of the worst provisions for LGBTQ & HIV-affected asylum seekers include: Drastic limitations on the definition of “particular social group” and the “nexus” requirements.
So even though sexual orientation and gender identity are not explicitly included as part of the new rule, individual asylum officers and immigration judges could read the new rule as prohibiting all LGBTQ asylum claims.
They want to limit the definition of “persecution” which would make it so LGBTQ asylum seekers would not be able to show that they have been persecuted.
So even if a government agent threatened to kill them every day for a year, they might not be able to demonstrate that they have been persecuted until their persecutor follows through on their threat.
The new rule would severely limit LGBTQ asylum claims for people who have been persecuted by private actors.
So an LGBTQ person who survived horrific violence from community (rather than the gov) & are unable to obtain protection from their gov due to homophobic laws/cultural homophobia. In that example, an LGBTQ asylum seeker would not meet the new definition of persecution.
It would redefine “political opinion.”
So all LGBTQ political activists would not qualify for asylum/protection on account of political opinion.
The list goes on.. it’s just devasting. Additionally, the public notice and comment period has been shortened from the typical 60-day period to a 30-day period, which is normally only permitted in emergency situations.
You can follow @elielcruz.
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