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US should recognize gender as a protected class in immigration proceedings, House says

By Amanda Robert

August 6, 2024, 1:00 pm CDT

The House of Delegates overwhelmingly adopted a measure seeking to strengthen protections for victims of gender-based violence at the ABA Annual Meeting in Chicago on Tuesday.

Resolution 605 urges the U.S. Congress and executive branch to amend any law, policy or regulation that prevents the protection of asylum-seekers and refugees fleeing gender-based violence and fails to comply with international treaty obligations.

It also calls on Congress and the executive branch to ensure all laws, policies and regulations meet or exceed the United Nations High Commissioner for Refugees’ minimum standards for asylum accessibility for individuals fleeing gender-based violence. The 1951 Refugee Convention and its 1967 Protocol outline the rights of refugees and standards of treatment for their protection.

In 2002, the United Nations High Commissioner for Refugees also issued guidelines on gender-related persecution. According to the report accompanying the resolution, they affirm that the Convention and Protocol’s protections apply to individuals with gender-based claims.

Follow along with the ABA Journal’s coverage of the 2024 ABA Annual Meeting here.

Michelle Jacobson, the chair of the Commission on Immigration, spoke in favor of the resolution. She contended that many countries, including the United States, have not aligned with these international standards.

“This departure from the U.N. definition has particularly impacted individuals fleeing gender-based violence by not recognizing gender as a protected class,” Jacobson said. “The result is a dismissal of asylum claims based on domestic violence or violence attributed to one’s gender.”

Sara Sandford, an International Law Section delegate, also spoke in favor of the resolution. She pointed out that her section co-sponsored the measure “both because of the frequent and continuing occurrence of gender-based violence, and because it’s important for the United States to comply with its treaty obligations.”

Resolution 605 additionally urges the U.S. Department of Justice and Department of Homeland Security to implement trauma-informed procedures and training for all interviews, hearings and adjudications of gender-based claims for protection.

It builds on a measure adopted by the House in 2001 proposing that gender-based persecution be recognized as a ground for asylum under the Immigration and Nationality Act. It also asks that in interpretations or applications of criteria for asylum, the term “social group” include women and the term “persecution” encompass domestic violence, sexual abuse and rape.

The Commission on Immigration submitted Resolution 605. Its other co-sponsors are the Commission on Domestic and Sexual Violence; Section of Civil Rights and Social Justice; Commission on Sexual Orientation and Gender Identity; and Commission on Hispanic Legal Rights and Responsibilities.

See also:

Extra protections are needed for youths navigating immigration system, ABA House says

New database tracks gender-based violence sentencing decisions in the Pacific