The law of the land stretches only as far as its walls. That is as it should be. The United States has no right or responsibility to sit in judgment of other countries and their laws. As a nation it is not our responsibility to take in private citizens of foreign countries and offer them protection. In a move that a lot of bleeding heart liberals and social justice warriors are having a problem with U.S. Attorney General Jeff Sessions has let it be known that immigration judges can not consider domestic and gang violence as grounds to grant asylum.
In a 31 page decision U.S. Attorney General Jeff Sessions wrote, “generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-government actors will not qualify for asylum. 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.”
The decision that was recently passed by the U.S. Attorney General has over turns a Board of Immigration Appeals decision that had been passed in 2016. The 2016 decision allowed asylum status to be given to a woman who fled an abusive marriage where she believed her life was in danger. When the administration criticized asylum practices Attorney General Jeff Sessions reopened the case in March.
Domestic violence is a crime that is hard to prevent no matter what country you are in. In the United States alone nearly 20 people per minute are abused by their significant other. This amounts to over 10 million men and women who are a victim of domestic violence during one year. Across the nation more than 20,000 phone calls are made to domestic violence hotlines on an average day. The fact that it is so common in El Salvador does not show that the government of El Salvador is anymore unwilling or unable to protect the women within its borders than the United States is able to.
The woman who was granted asylum in 2016 was able to obtain a restraining order against her husband and have him arrested once before she fled El Salvador and came to the United States. There is no country in the world that can offer any of its people 100 percent perfect security and protection from criminal activity. Even the United States can’t offer that. If the United States could then our nations crime rate would be at a perfect 0.
The government does not release statistics showing how many people seeking asylum have used domestic or gang violence to try and obtain it. Karen Musalo worked as co-counsel for the Salvadoran woman when she was seeking asylum within the United States. It is Musalo’s contention that the U.S. Attorney General’s decision could undermine claims of women being victims of violence all over the world including sex trafficking. According to the Christian Science Monitor Karen Musalo said, “this is not just about domestic violence, or El Salvador, or gangs. This is the attorney general trying to yank us back to the dark ages of rights for women.”
Those who do not support the Attorney General’s decision can try to appeal it to the Justice Department’s Board of Immigration Appeals and then to a federal appeals court. Musalo expects other cases that are affected by Attorney General Jeff Sessions ruling to reach the appeals court first. Democrats in California have been very outspoken against this decision as they have called it despicable and a blatant disregard for the rule of law.
This latest decision from U.S. Attorney Jeff Sessions came hours after his latest criticism of the asylum system that he and other officials see as heavily flawed and abused.