Trump-era limits on asylum claims for victims of domestic and gang violence removed

The Justice Department on Wednesday reversed two Trump-era immigration decisions that narrowed who could qualify for asylum, including an opinion that removed some protections for victims of domestic violence and gang violence.

The move marks the latest attempt by the Biden administration to distance itself from the immigration policies of President Donald Trump.

Attorney General Merrick Garland vacated two iterations of the decision known as “Matter of A-B” — a decision made by then-Attorney General Jeff Sessions in 2018 that set a high bar for victims of crime to qualify for asylum, saying that victims must show that their home country was unable or unwilling to assist them and that “the government condoned the private actions.”

At issue was part of asylum law that protects members of a “particular social group” who are victims of persecution. Prior to the Trump administration, immigration courts held that women in Central America facing domestic abuse qualified.

But during his tenure as attorney general, Sessions said that was no longer the case, effectively narrowing what the government considers grounds for asylum.

Garland concluded that the issues raised in this decision will be addressed in a separate rule at a later date.

The attorney general, who has authority to set precedent in these cases, also vacated a decision issued by his predecessor Attorney General William Barr that limited whether family constitutes a “particular social group” for asylum claims.

The Barr decision, the “Matter of L-E-A,” restricted asylum claims for people who face persecution based on their family association.

By issuing these decisions, the Trump administration “significantly curtailed” asylum, according to the Migration Policy Institute. They especially impacted asylum based on membership in a particular social group, which forms the basis for the large share of claims made by Central Americans, according to the nonpartisan policy group.

“These decisions involve important questions about the meaning of our Nation’s asylum laws, which reflect America’s commitment to providing refuge to some of the world’s most vulnerable people,” wrote associate Attorney General Vanita Gupta in a memo to the DOJ Civil Division, which is responsible for defending these decisions when they are challenged.

The reversal of the Trump policies was met with praise from immigration advocates on Wednesday.

“Restoring the recognition of asylum claims based on persecution due to family relationships and persecution by non-state actors, including gang-related and sexual and gender-based protection claims, is instrumental in the protection of children, many of whom fled their home countries in Central America to seek safety from these types of violence,” said Wendy Young, president of KIND, which provides legal services for unaccompanied migrant children.

California Democratic Sen. Dianne Feinstein said the move reaffirms the US commitment “to helping those fleeing persecution.”