U.S. Asylum Policy Shifts Amid Rising Violence Against Women

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 18 August 2019.

Published on August 18, 2019, a significant shift in U.S. asylum policy has left women fleeing domestic violence with fewer options for protection. The change, which overruled a 2014 precedent, questioned whether women, particularly those fleeing domestic violence, can be members of a social group.

According to the New York Times, the decision, made by then-Attorney General Jeff Sessions, challenged what had become common practice in asylum courts. The precedent, which had been used to grant asylum to women fleeing domestic violence, was effectively overturned.

However, the new Attorney General, William P. Barr, went further, issuing a decision last month that made it even harder for families, like Lubia's, to qualify as social groups. This decision broke with decades of precedent, leaving many to wonder about the future of asylum seekers.

Violence against women in the region is a pervasive issue, with 18 countries having passed laws to protect them. The creation of a class of homicide known as femicide has added tougher penalties and greater law enforcement attention to the issue. However, despite these efforts, the killings of girls and women in the region have not decreased, according to the United Nations.

Experts say that the new laws must go beyond punishment to change education, political discourse, social norms, and basic family dynamics in order to make a difference. The violence against women in the region is often perpetrated by lovers, family members, husbands, or partners, who are driven by a desire to control women's lives.

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