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New Help for Volunteer Attorneys Representing Domestic Violence Survivors

Matter of A-B-

Imagine you suffered years of near daily physical, sexual, and psychological abuse from your husband in silence, knowing that every time you tried to escape, he found you and beat you worse for attempting to leave him.

Imagine he told you that you were his property and your role as his wife was to serve him for the rest of your life.

Imagine you go to the police, begging them to keep you safe. They refuse, saying that your husband has the right to discipline his wife how he chooses. Your husband finds out and beats you worse to punish you for going to the police.

Terrified, you flee with your children to the United States, determined to give them a better life. You have heard that, in the United States, people believe women should have the same rights as men. You hear that there are laws in the United States against domestic violence, and that the laws are followed.

After a dangerous journey, you finally reach the United States. You file for asylum, but while your case is pending the law protecting domestic violence survivors changes. Now you live in fear that you will be deported back to the nightmare you and your children fled.

This situation is the lived reality of many domestic violence survivors represented by The Advocates for Human Rights and our volunteer attorneys. In the summer of 2018, Attorney General Jeffrey B. Sessions issued a decision in Matter of A-B- that threw into question the well-established precedent recognizing a protected group for survivors of domestic violence whose home country governments did not protect them from their abusers.

Following the Matter of A-B- decision, many judges around the country have recognized that domestic violence survivors who cannot receive protection from their home country governments continue to qualify for protection. In too many cases, however, judges have used this decision to deny protection to women and children fleeing domestic and family violence.

To support the efforts of our volunteer attorneys and others in the Eighth Circuit arguing for protection of asylum seekers fleeing domestic violence, we have issued Gender-Based Asylum Claims in the Wake of Matter of A–B– A Supplement for Practice in the Eighth Circuit. Drafted with our pro bono partners at Gray Plant Mooty, this practice advisory includes extensive strategy guidance that advocates can use to protect their clients.

Please consider taking a pro bono case with The Advocates for Human Rights today. Your work can save the lives, and families, of domestic violence survivors.

By Alison Griffith, a staff attorney working for refugee and immigrant rights at The Advocates for Human Rights