Think Immigration: What My Firsthand Experience with Asylum Seekers Taught Me

AILA welcomes this blog post from Diversity, Equity, and Inclusion Committee Law Student Scholarship recipient Estefani Munive, part of a series intended to highlight the important ways in which diversity, equity, and inclusion inform immigration law and policy. More information about AILA’s DEI Committee and its important work is available on AILA’s website.

In Summer 2022, I started my first legal internship at the Immigration Center for Women and Children in San Francisco, CA. The downtown office works with pro se respondents and provides legal services and legal orientations to help them navigate their asylum proceedings. This was the first time I was able to shadow an attorney at the San Francisco Immigration Court, where I learned that undocumented respondents have to pay for their own attorneys. You can have an attorney in court with you but unlike in criminal cases, the government won’t provide one if you can’t afford one or find a nonprofit to help you. Here, I also witnessed the rapid increase of asylum seekers, particularly Latin American men who are persecuted because of their sexual orientation/identity.

To claim asylum in the United States, you must meet the standard established in the Immigration and Nationality Act, which is “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion....” There are many dangers that asylum seekers might face as they embark on their journey to the United States. Some of these dangers include rape, kidnapping, and possibly death as they try to cross the border. The harsh reality is that asylum seekers face many obstacles even before they arrive, but they still face insecurities after entering the United States such as delays in processing employment authorization, finding safe housing, or similar hurdles.

As I referenced earlier, I have had the chance to work with respondents who are going to immigration court to try and prove their case for asylum. UCLA reports that three-fourths of asylum seekers with LGBT claims were male (73.7% of credible fear interviews and 81.7% reasonable fear interviews). I have witnessed the difficulty men have with sharing their story because of the trauma they have experienced in their home country. Many of the men I have worked with have shared that “manly” or “machismo” culture is very present in their home countries and contributes to their suffered verbal, sexual, emotional, and physical abuse.

One of the men that I worked with told me that although he’s now in the United States he still fears that someone will hurt him, and he doesn’t feel comfortable expressing who he really is because of the trauma he experienced in Peru. Another man shared that he was unable to find an attorney because he was too embarrassed to seek legal assistance. He had been indoctrinated to believe that his persecution was shameful. These are just a few of many stories that I have heard.

As I began to learn about the situation asylum seekers face, it is clear that they are not only looking for legal assistance. Because of their past trauma and persecution, they are still in need of medical, social, and psychological services. I urge advocates to keep that in mind as we holistically address these needs and help asylum seekers establish themselves in the United States.

Author:
Estefani Munive
AILA Law Student
Gardena, CA

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