Asylum Based on Racial Persecution
Persecution on account of race normally refers to threats or infliction of physical, economic or psychological harm by the government or organizations which the government in power is unable or unwilling to control. This form of persecution typically occurs when an individual is targeted primarily on the basis of his membership in a racial or ethnic group.
Race in the asylum law context includes “all kinds of ethnic groups that are referred to as races.” Common examples of “races” may include, for example, “black” people of Sub-Saharan African descent, “white” people of European descent, Native Americans (indigenous peoples of the Americas), and many other continental and sub-continental groups.
We may be able to assist you file for asylum based on race if:
- There is an ethnic or racial genocide occurring in your country
- You have suffered harm in the past based on your race, ethnicity, nationality, clan or skin-color
- Your country targets or treats people of your race, ethnicity, nationality, clan or skin color unjustly
There have been few cases dealing with this ground of asylum. Winning refugee status on this basis requires proof that the government either engaged in persecution or encouraged others to persecute someone because of their ethnicity or race. One factor that makes this ground difficult to prove is that the persecution must be individualized; that is, the applicant must be singled out of persecution. This has the effect, in some cases, of denying eligibility to members of groups that are subject to widespread persecution, because the applicant cannot prove that they individually face danger instead of simple a generalized risk.
An Austin immigration lawyer – Abogados de Inmigracion en Austin TX – can help you determine if applying for asylum based on race may benefit you or your family. Learn more by contacting Michael G. Murray, P.A today!