Transgender asylum seekers are transgender-identifying people seeking refuge in another country due to stigmatization or persecution in their home countries.[1] Because of their gender non-conformity, transgender asylum seekers face elevated risks to their mental and physical health than cisgender asylum seekers or those whose gender identity is the same as their sex assigned at birth, including higher risks of physical and sexual assault, torture, "conversion therapy" practices, and forced isolation.[1] As a result, transgender people face challenges in the asylum process not experienced by others.
As defined in the 1951 United Nations Convention Relating to the Status of Refugees, a refugee or asylum seeker is any "person owing to a well-founded fear of being persecuted for reasons of race, religion ... [or] membership [to] a particular social group [that cannot] avail himself of the protection of that country." In the US, asylum claims made by transgender refugees are considered under the basis of persecution because of their involvement in a particular social group.[2] This requirement means that membership to a social group is not enough in order to claim asylum, but that refugees must prove that they've been persecuted because of their social group's standing in order to be granted refuge. The growing restrictive asylum policies and processes include increased periods of mandatory detention and extended processing times and often require individuals to navigate complex legal procedures, all while proving the persecution they've faced because of their identity. These processes result in high levels of mental and physical distress as refugees navigate the asylum process.[3]
^ abAvgeri, Mariza (2021). "Assessing Transgender and Gender Nonconforming Asylum Claims: Towards a Transgender Studies Framework for Particular Social Group and Persecution". Frontiers in Human Dynamics. 3. doi:10.3389/fhumd.2021.653583. ISSN 2673-2726.
^"Asylum in the United States". American Immigration Council. 16 August 2022. Archived from the original on 28 April 2023. Retrieved 24 April 2023.
^Gowin, Mary; Taylor, E. Laurette; Dunnington, Jamie; Alshuwaiyer, Ghadah; Cheney, Marshall K. (May 2017). "Needs of a Silent Minority: Mexican Transgender Asylum Seekers". Health Promotion Practice. 18 (3): 332–340. doi:10.1177/1524839917692750. ISSN 1524-8399. PMID 28187690. S2CID 206740929.
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