Trump administration blocks victims of domestic abuse and gang violence from claiming asylum

'Women and children will die as a result of these policies,' one immigrant advocate said following the decision

The new directive on asylum comes from Attorney Jeff Sessions (Alex Wong/Getty Images)

US Attorney General Jeff Sessions has told immigration judges across the country to stop granting asylum to most victims of domestic abuse and gang violence, in the latest step by the Trump administration to transform the way the United States handles asylum cases.

The change announced by Mr Sessions Monday is likely to block tens of thousands of immigrants — primarily women — from seeking safe refuge in the United States who would have been able to seek safety in America.

The decision made by the Justice Department's top official is likely to be heavily challenged by immigrant and civil rights advocates, and comes amid a broader effort by Mr Sessions to change US immigration policies and laws to be less friendly towards immigrants and asylum seekers fleeing from dangerous scenarios in their home countries and arriving at American borders.

“Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum,” Mr Sessions wrote in his ruling, which is a binding precedent for US immigration judges and relied largely on the notion that these are "private" crimes and do not qualify a victim for asylum in the US. “The mere fact that a country may have problems effectively policing certain crimes—such as domestic violence or gang violence—or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim.”

Mr Sessions signalled earlier Monday during a training session for immigrant officials that he was considering the move, and said then that "asylum was never meant to alleviate all problems— even all serious problems— that people face every day all over the world.”

The government does not currently appear to keep data on the number of asylum seekers arriving in the United States and seeking reprieve from domestic violence, but advocacy groups say that they number in the tens of thousands a year.

Responding to Mr Sessions' decision, Michelle Brané, the director of the Women's Refugee Commission's Migrants Rights and Justice Programme, said that the new rules run afoul of American commitments to ensure people coming to the US seeking safety are not put back into harm's way.

"Attorney General Sessions’ decision to limit the reasons why people can claim asylum is a devastating blow to families who come to our country seeking protection and safety," Ms Brané said in a statement. "This administration continues to swiftly deconstruct America’s moral code and values by doing everything possible to limit access to asylum. What this means in practical terms is that the United States is turning its back on our commitment to never again send people back to a country where their life is at risk. Women and children will die as a result of these policies.”

People in those circumstances were largely protected by US asylum laws during the administration of President Barack Obama, whose administration also issued administrative directives on the issue and oversaw court cases related to the issue.

The United States has been experiencing a sizeable increase in the number of individuals arriving on the US border and presenting themselves to American officials while claiming asylum.

Many of those individuals come from countries that are experiencing high levels of violence, including from El Salvador — where gangs like MS-13 run rampant and inflict terrible pain on citizens — Honduras, Guatemala, and elsewhere.

President Donald Trump's administration has sought to limit the number of asylum seekers who get admitted in the US, a move that is consistent with Mr Trump's general messaging on the issue. Those efforts, aside from Mr Sessions' decision Monday, have included attempting to force migrants heading to the United States through Mexico to apply for asylum through Mexico instead — a potential rule that has left some advocates saying would put immigrants in danger by forcing them to live in Mexico, where gang violence exists as well.