UC Hastings Center for Gender and Refugee Studies: Deadly Inertia: Needless Delay of “Particular Social Group” Regulations Puts Asylum Seekers at Risk.

The UC Hastings Center for Gender and Refugee Studies (CGRS) has published a new reference guide on the proposed “particular social group” regulations and the Biden administration’s delay in issuing them.  It is entitloed Deadly Inertia: Needless Delay of “Particular Social Group” Regulations Puts Asylum Seekers at Risk.

Last February President Biden directed federal agencies to determine whether U.S. treatment of asylum claims based on domestic or gang violence is consistent with international standards, and to propose a rule clarifying the meaning of “particular social group” in asylum law.  The October 2021 deadline for the proposed rule has long passed, with no explanation from the Biden administration.  According to the CGRS, this delay is harming asylum seekers, as bias and inconsistency in this area of the law frequently result in wrongful denials of protection to women escaping domestic violence and others fleeing life-threatening persecution and torture.

CGRS’s reference guide explains why regulations on particular social group are so important and articulates a clear path forward for the Biden administration by following international standards.  This language o from the guide:

“This reference guide explains why regulations on particular social group are important, why this
legal issue has become so contentious, and why there is no good reason for the delay in proposing
regulations. We point out that there is a clear path forward for the United States to realign its
treatment of asylum claims with established international standards . . . .”

KJ