Seeking asylum from gangs
On a fairly regular basis I receive e-mails from lawyers who are representing Salvadorans facing deportation from the US. The lawyers are often looking for information to support an asylum claim for person who fear gang-related persecution if they return to El Salvador. US law grants asylum to persons in the US who establish they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion.
A resource to which I will now direct those lawyers is the Gang Asylum Guide put out by the Washington Office on Latin America. The Guide presents an overview of the gang problem in El Salvador and other Central American countries and provides resources for making the argument that a former gang-member, or a person who fled gang recruitment, or other persons should be entitled to asylum in the US.
I've written previously about the Medrano family who fled El Salvador after gangs threatened their lives for not paying extortion demands. Crossing into the US without documentation, they were detained by US immigration authorities and the father of the family was deported immediately. Shortly after his forced return to El Salvador, the gangs killed him. Now his family seeks asylum in the US.
As the Dallas Morning News explains, making such an asylum claim does not fit neatly into the categories of US asylum law. Yet the family has had some success in court, and so far is being allowed to remain in the US, at least temporarily.
It is a tragic paradox. The gang problems in Central America are rooted in US immigration policy as gang members were deported from the Los Angeles area during crackdowns in the mid-1990s. Yet US immigration authorities also deport the gang's victims to face persecution and retribution from the gangs which infect certain neighborhoods of El Salvador and its neighboring countries.




