Public Comment Opposing Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review (July 15, 2020)

RIN 1125-AA94 / EOIR Dkt. No. 18-0002; Public Comment Opposing Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, (filed on July 15, 2020).

On July 15, 2020, Immigration Equality submitted a comment opposing a proposed rule that would gut the U.S. asylum law without Congressional approval and would result in LGBTQ and HIV positive asylum-seekers (and others) being deported to their countries of origin where they face assault, rape and murder on account on their sexual orientation, gender identity or HIV status. The proposed rule creates such broad exclusions for establishing persecution on account ofa  protected ground that many LGBTQ/H asylum seekers would no longer qualify for asylum. The rule also prohibits evidence that is necessary for LGBTQ/H asylum seekers to prove their claims and creates discretionary factors so broad that they could be used to prohibit asylum claims altogether. Many of these changes are contrary to U.S. and international law. For these reasons, Immigration Equality strongly opposes the rule.

The final rule was published on December 10, but was enjoined in a lawsuit filed by Immigration Equality and others.

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