February 09, 2010
Advanced Search
OVERVIEW OF REFUGEE RIGHTS
Home > Issues > Refugee Rights
Refugee Rights PDF Print E-mail
 
Virginia1.jpgV-A- and her daughter, S-.

For over ten years, Human Rights USA has led the U.S. legal community in efforts to protect refugee women fleeing severe forms of gender-based violence, to ensure compliance with the Convention Against Torture in the U.S., and to enforce aliens' rights to due process and judicial review.

In 2002, we won the highest U.S. court decision to date dealing with women's rights in the refugee context, establishing for the first time that female genital mutilation (FGM) constitutes a form of torture and that a mother could not be deported if her daughter faced the prospect of female genital mutilation. In 2005, we established exemption from the one-year filing deadline for asylum-seekers who have experienced severe sexual abuse. Because of our unique experience with gender-based asylum claims, our group now represents and assists increasing numbers of refugee women fleeing violence, including FGM, forced marriage, and sex trafficking.

This year, in partnership with Equal Justice Works and the law firm of Steptoe & Johnson, Human Rights USA launched a new project aimed at developing new forms of protection for trafficked persons in the United States. Currently, the only form of protection available to trafficked persons - the T Visa - is closely tied to law enforcement objectives, leaving those who cannot assist prosecutors vulnerable to deportation and further abuse. Through impact litigation, Human Rights USA is working to establish a new legal precedent: that women and men fleeing trafficking are eligible for refugee protection in the United States.

For more information on these efforts, see:

 

 
Legal Materials by Issue

-Female Genital Mutilation: First and highest-level court decision to recognize that female genital mutilation constitutes torture (Nwaokolo v. Ashcroft Decision of 7th Circuit Court of Appeals)

-Female Genital Mutilation: One-year filing limit inapplicable: Lisa Weinberg of Lutheran Social Services and HRUSA convinced court to grant exception to one-year filing requirement for traumatized victims of sexual abuse (In Re V-K- Brief on Merits of Asylum Claim)

-Female Genital Mutilation: One-year filing limit inapplicable: Lisa Weinberg of Lutheran Social Services and HRUSA secured asylum for client after convincing court to grant exception to one-year filing deadline for traumatized victims of sexual abuse (On the Merits of Asylum Claim)

-Forced Marriage: Memo addressing the merits of an asylum claim of a young woman subjected to forced marriage, rape, and female genital mutilation, resulting in a grant of asylum (In re I-E- Memo on Merits of Asylum Claim)

-Forced Marriage: Our brief supporting the asylum claims of a young woman forced to marry a local government official (In re M-L-C- Brief on the Merits of Asylum Claim)

-Sex Trafficking: HRUSA sought asylum for woman fleeing sex trafficking done in retaliation for her father's political activism (In re P-C- Brief on the Merits of Asylum Claim)

Home | About Us | Issues | Who We've Helped | Get Involved | News | Calendar | Contact Us | Site Map