Abstracts Law

Particular Social Group: United States Immigration Law and the Right to Asylum for Those Fleeing Gender-Based and Gang Violence

by Chloe Champagne

Membership in a particular social group is one of the five legal categories for asylum protected under international law. In the United States, this category particularly important for those fleeing gender-based and gang violence and seeking asylum in the United States. While not clearly defined under international or U.S. law, the vagueness and flexibility of the particular social group category enables it to account for new and evolving situations and groups of people understood to face persecution. This thesis examines the historical treatment of the particular social group category in the U.S. immigration system, and the impact of this treatment on the right to asylum in the United States, particularly for those fleeing gender-based and gang violence. Analyzing two decisions issued under the Trump Administration, the Matter of A-B- and the Matter of L-E-A-, that had an immediate negative impact on the right to asylum, this thesis examines the barriers to asylum for those seeking asylum through the particular social group category, the influence of political ideology on changes in asylum law, and how asylum seekers and their advocates have overcome barriers to successfully win asylum.