Four Children's Journey to Asylum
Content Warning: Details of violence, murder, and sexualized abuse.
One day, Evelin and Cindy’s* mother left the girls at home while she ran errands. The sisters waited hours for their mother to return, but she never came back. They later learned that several family members—including their mother—had been kidnapped by non-state actors and were presumed dead. The sisters, fearing for their lives, sought safety in the United Sates. They faced significant hurdles after they arrived. Family members, former neighbors, and family friends refused to help them because they feared retaliation if they did. It was clear that they faced real danger if they were returned to their home country. Although Evelin and Cindy were only children, they were persecuted based on their familial ties. An immigration judge evaluated the harm they faced from their perspective and granted them asylum.
The Young Center worked with a child born Lourdes*. When we were working on their case, we learned that they preferred to be called M* and used they/them/their pronouns. In their home country, M did not fit into the strict gender roles enforced in their community and was exploring their gender identity and sexual orientation. As a result, M faced years of physical and sexual abuse by their family. Because of the community’s strict gender roles, M did not feel they could go to the authorities to seek protection and fled to the United States to escape abuse. Through a grant of asylum, M was able to find safety and support in the United States.
Andrea* is an indigenous child from Central America who grew up with an abusive father. When she was 16, Andrea was raped by a man in her community at knife point. A short time later, the same man raped her again, at gun point. Andrea confided in her brother. Her brother confronted her rapist, who then murdered her brother and threatened to kill her. When Andrea fled to the United States, she discovered she was pregnant and terminated her pregnancy against her parents’ wishes. If she returned to her country of origin, Andrea would have faced imminent harm not only from her rapist, but also from her father for terminating her pregnancy. An asylum officer recognized the gender-based persecution Andrea faced and granted her asylum.
Asylum is a lifeline for the children we serve. Each year, they apply for and win asylum despite having to do it in a system designed exclusively for adults. Young Center staff and volunteers built rapport with Evelin, Cindy, M, and Andrea so they’d share their stories without fear and talk about their wishes and dreams. They were able to find safety in the United States because a Young Center Child Advocate was by their side throughout their immigration proceedings and advocated for their rights and best interests. They were granted asylum because for decades, the United States has been a haven for those escaping violence and persecution. Unfortunately, under the Trump administration, that has changed.
On December 10, 2020, which is International Human Rights Day, the government finalized its most aggressive action to date to deny asylum to children and adults seeking safety in the United States. Under the new rule, which will take effect on January 11, 2021, asylum will become an impossibility for most children, especially those arriving at the southern border. The rule will deny asylum to children who have transited through other countries on their way to the United States, children fleeing gang violence or recruitment, and children who suffer persecution on account of their gender or gender identity. It also denies children their day in court by allowing immigration judges to decide cases based on written applications without ever meeting the child.
At the Young Center, will continue to challenge the rule’s implementation—something that could take years now that the rule is final. More than ever, we must hold the Biden-Harris administration accountable to its promises to restore and improve our asylum system.
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*Children’s name changed to protect their privacy.