Practice Advisory: Considerations in Asylum Claims for Transgender People

From the Introduction:

Asylum claims based on gender identity are clearly established by decades of law in the United States, and transgender asylum seekers have long been successful in claims for humanitarian
protection. The authors are legal service providers who regularly represent LGBTQ2 people seeking asylum. Due to recent transphobic Executive Orders that attempt to illegally strip rights away from transgender people, we are concerned that the Trump administration may also seek to illegally limit asylum claims for trans people. However, as discussed herein, asylum claims based on gender identity are clearly cognizable under the Immigration and Nationality Act (“INA”), settled case law, administrative guidance, and international standards.

[T]his practice advisory focuses on the elements of asylum most likely to be affected by the Anti-Trans Executive Order. Before filing for relief, asylum seekers and their counsel must determine whether the applicant meets all of the other elements of asylum.