No Transit: The Criminal Treatment of Transgender Asylum Seekers in the United States Prepared for the Professor Raymond Smith's Gender in International Affairs class at NYU, November 2020 Presented by Robert Stribley For the Global Affairs Certificate Program

1. NO TRANSIT
THE CRIMINAL TREATMENT
OF TRANSGENDER ASYLUM
SEEKERS IN THE UNITED
STATES
G E N D E R I N I N T E R N AT I O N AL
AF FAI R S
R O B E R T S T R I B L E Y

2. HISTORIC LOWS FOR ASYLUM
SEEKERS
• Under Trump, we’re seeing historic
lows for admitting asylum seekers in
the US
• 2018 admissions capped at 45,000
but actually proved to be 22,500
• 2019 capped at 30,000, 2020
planned for 18,000
• Oct 28th, The Guardian reported on
potential Trump executive order to
reduce asylum seekers to zero (0)
• Our treatment of asylum seekers
breeches both international and our
own laws
• The ”Remain in Mexico” policy
proves particularly egregious

3. RELEVANT
TREATIES &
LAWS
• Geneva Conventions
• 1951 Convention Relating to the Status of
Refugees
• 1967 Protocol Relating to the Status of
Refugees
• Article VI of the U.S. Constitution—the
United States must adhere to any treaties
we have signed as “the supreme Law of the
Land”
• The Refugee Act of 1980 passed by
Congress, codified principles aligned with
the Convention into U.S. law
• Self-execution issues with international
treaties should not apply, as our own laws
cover the issue (arguably they shouldn’t
apply anyway)

4. THE EFFECTS
UPON
TRANSGENDER
ASYLUM
SEEKERS
• In March 2020, the government closed the
southern US border to asylum seekers,
leaving them to return to potentially
dangerous situations in their home countries
or in Mexico.
• In June, the Departments of Justice and
Homeland Security proposed a regulation
which would effectively eliminate asylum
protection for anyone seeking asylum on
grounds of persecution related to gender
identity or sexual orientation.
• In September, the DOJ proposed another
regulation which would hamper asylum
seekers’ ability to provide evidence
supporting their claims
• 300 transgender individuals in custody in
2019 according to DHS

5. TREATMENT OF
TRANS ASYLUM
SEEKERS
TYPICALLY
WORSE THAN
REGULAR
ASYLUM
SEEKERS
• Transgender asylum seekers average 99 days in
custody in immigration detention—double the
average length of other non-LGBTQ+ asylum seekers
• Transgender asylum seekers are routinely housed in
units that don’t match their gender identity—e.g.
transgender women are housed with cisgender men
• This leads to increased likelihood of harassment and
sexual assault
• LGBTQ migrants are 97 times more likely to be
sexually assaulted in detention centers
• They often lack access to trans-affirming and critical
healthcare
• Like many detained asylum seekers, they are often
punished and abused by authorities despite having
committed no crimes
*It is not illegal to cross the border to seek asylum in the United
States

6. STORIES
• In 2018 Roxana Hernández died from HIV-related
complications after 5 days in US custody in “ice
box” facilities known to be freezing cold at ICE
detention center in New Mexico
• In 2019 Johana Medina León, a 25-year-old
asylum seeker from El Salvador, died of pneumonia
in El Paso, TX, after she was detained for over a
month and repeatedly plead for help
• Alejandra Barrera spent 2 years in detention at the
Cibola, a CoreCivic facility for transgender women
in New Mexico without proper medical attention and
with no explanation for why she could not be
released, denied parole 5 times

7. SOLUTIONS Transgender asylum seekers should be given
…
• Housing reflecting their gender identity
• Speedy, appropriate legal review by a
qualified adjudicator
• Appropriate medical attention
Advocates can …
• Help amplify trans asylum stories
• Pressure elected officials and authorities to
release all transgender asylum seekers
• Insist all parties abide by international and
U.S. law
• Hold those parties who don’t accountable

8. Thank you