Marisol, a 48-year-old transgender woman from Nicaragua, suffered abuse in her home country since she was a little girl. Her own father abused and rejected her because she was “girly”. The rejection, bullying, and violence at the hands of those around her continued throughout her life until finally, Marisol had no choice but to flee Nicaragua, knowing that if she stayed, she would be killed.
On her journey through Mexico, she was attacked and suffered more transphobic violence, which she unfortunately could not report because Mexican police are notoriously homophobic, and she would risk being arrested herself. She knew she could not remain in Mexico safely.
Continuing the arduous journey, Marisol made it to the United States, and today, with support from Oasis Legal Services, she has asylum, which allows for her to live safely and authentically.
Under the recent asylum ban, Marisol would be denied asylum protections in the United States for failing to seek asylum in Mexico.
On September 11, 2019, the Supreme Court determined that the Asylum Ban 2.0 (AKA the “safe third country” rule) would be enforced nationwide (a lawsuit over the legality of the rule is still winding through the lower courts). Asylum seekers who entered the country on or after July 16, 2019, now have to show that they applied for asylum in countries they traveled through before they can apply for asylum in the United States.
In practice, this effectively prevents all asylum seekers (except for Mexican nationals) who enter the country at the southern border from applying for asylum. Marisol’s story illustrates how Central and South American refugees will not be able to get the safety they seek because there is no protection for LGBTQ+ refugees in Mexico.
Justices Sonia Sotomayor and Ruth Bader Ginsburg publicly dissented in the Supreme Court’s decision. Justice Sotomayor wrote that this decision “topples decades of settled asylum practices and affects some of the most vulnerable people in the Western Hemisphere.” At Oasis, we could not agree more.
Seeking asylum in Mexico is not an option for LGBTQ+ refugees. With the second highest murder rate of trans people in Latin America, Oasis’ extensive country conditions research has documented more than 100 incidents of homophobic and transphobic violence over the last years, the majority of which are condoned by the Mexican authorities.
As the Trump administration continues to chip away at the rights of asylum seekers, Oasis stands against the new ban and will continue to advocate for asylum seekers like Marisol. Join us as we empower LGBTQ+ asylum seekers within the United States to seek asylum protections and start a new life.
“Everything has changed for me. For the first time, I finally feel like I belong somewhere and that people care about me and my wellbeing." Marisol is now excited to sign up for the free coffee barista training program for refugees with our nonprofit partner, at 1951 Coffee Company. “I’m also going to change my legal name and gender because it’s the first time I’ve felt safe enough to do so.”