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Where Do You Fit? A Guide to Social Groups in Immigrant Communities

Posted by Arlindo B. Araujo | Nov 26, 2024 | 0 Comments

When individuals seek asylum in a new country, they must prove that they have been persecuted, or have a well-founded fear of persecution, based on one or more specific grounds. Answering these questions may help you quickly check if you fall under a particular social group:

  • Do you belong to a group that has been targeted for persecution in your home country?

    • This can include groups defined by race, religion, nationality, political opinion, or membership in a particular social group.

  • Have you experienced harm or threats due to your membership in this group?

    • Persecution can include physical harm, threats, discrimination, or denial of basic rights.

  • Do you have a well-founded fear of future harm or discrimination in your country?

    • This includes fear of violence, arrest, or other severe consequences based on your group membership.

  • Is the harm or persecution inflicted upon you by government officials or groups the government is unable or unwilling to control?

    • Asylum claims often rely on the idea that the government cannot protect you from harm or is actively involved in the persecution.

  • Is your group considered "particular" in terms of the asylum definition?

    • A particular social group is typically defined by shared characteristics that are immutable or fundamental to identity, such as gender, sexual orientation, or family membership.

When it comes to asylum eligibility, such as "membership in a particular social group.", this category can be complex and wide-ranging, encompassing individuals who face harm due to their shared identity, social ties, or life experiences. In this blog post, we will explore what categories define "membership in a particular social group" within the context of asylum claims, highlighting the diverse and often overlooked groups that may qualify under this title. From gender-based persecution to the struggles of other communities:

1. Gender-Based Persecution
  • Example: Women facing violence and discrimination in societies where gender inequality is entrenched, such as domestic violence. For example, a woman escaping an abusive marriage in a country where domestic violence is ignored by the authorities may seek asylum under this category.

2. LGBTQ+ Individuals
  • Example: LGBTQ+ individuals who are persecuted in countries where homosexuality or gender nonconformity is criminalized, or where they face violence, harassment, or social exclusion. A gay man from a country where homosexuality is illegal may seek asylum due to fear of imprisonment or death.

3. Religious Minorities
  • Example: Members of a religious group that face systematic discrimination or violence in their home country. For instance, Christians, or Hindus living in predominantly Muslim countries where their religious beliefs are persecuted may seek asylum.

4. Ethnic Minorities
  • Example: Individuals from an ethnic group that faces targeted violence or discrimination. For instance, the Rohingya Muslims from Myanmar, who have been subjected to mass violence and forced displacement due to their ethnic and religious identity, often seek asylum in neighboring countries.

5. Political Opinion or Activism
  • Example: Activists or journalists who face persecution because of their political beliefs, such as someone in a dictatorship who openly opposes the government or works to expose human rights abuse. A journalist in Venezuela who is targeted for reporting on government corruption may seek asylum.

6. Victims of Gang Violence or Organized Crime
  • Example: Individuals from countries where gangs or organized crime operate with impunity, and the state is unable or unwilling to protect them. A person escaping the violence of drug cartels in Central America may seek asylum.

7. Former Members of Certain Social or Political Groups
  • Example: A person who was previously a member of a social or political group (e.g., opposition party members, former military personnel in conflict zones) and now faces retaliation from a government or group due to their past affiliation.

8. Social or Economic Status
  • Example: Individuals belonging to marginalized or low-status groups, such as people with disabilities, or those economically disadvantaged. They may face social exclusion, violence, or discrimination in their home countries.

9. Family or Clan Affiliation
  • Example: Individuals from specific family or clan groups who are targeted due to longstanding feuds or conflicts, such as tribal or clan-based violence. A person from a targeted family or clan in a war-torn region might seek asylum to escape retaliation.

10. Survivors of Human Trafficking
  • Example: Individuals who were victims of trafficking or exploitation (e.g., forced labor, sexual exploitation) and are at risk of further persecution or re-victimization upon returning to their home country may seek asylum under this category.

If you feel you fall under any of these categories, evidence is key as it helps further prove the circumstances of your situation. Please ensure you have all the evidence possible that relates and closely describes your situation and consult with an attorney as soon as possible.

https://euaa.europa.eu/easo-practical-guide-qualification-international-protection/membership-particular-social-group

About the Author

Arlindo B. Araujo

Decades of practical experience, Arlindo “Art” Araujo has counseled and advised clients in many areas of the law.  Arlindo handles administrative, bench and jury trials in the areas of family law, immigration removal / deportation matters, civil, criminal and personal injury litiga...

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