
In Matter of K-E-S-G-, an asylum case decided by the Board of Immigration Appeals on July 18, Department of Justice officials declared that an abused Salvadoran woman could not obtain asylum based only on the argument that her persecution was based on her gender, in a country that views women as property. The decision is the latest in a 30-year battle over the legitimacy of gender-based asylum claims and closely tracks the first of the Trump administration’s efforts to roll back decisions and policies that recognized the unique role that gender plays in many asylum cases, particularly those involving domestic abuse, sexual violence or trafficking.
It was already difficult to obtain asylum in the United States. You must demonstrate that you have been or will be persecuted, based on a protected category, and that your own government will not or cannot help you. You must show that your persecutor intended to harm you based on the protected category. You must show that you can’t simply move to another part of your country, and you must provide evidence that your life is in danger if you return home.
“What I desire most is for all women who are fleeing abuse in their country to have their asylum cases heard and to be safe here. The situation right now is dire. The struggle continues. But they have to keep fighting.”