Defining Matters
Jan. 21, 2021

Kramer Levin Helps LGBTQ Refugees Apply For Asylum Before “Death to Asylum” Rules Were to Go Into Effect

Shortly before the end-of-year holidays, the outgoing Trump administration published a package of changes to the asylum system, referred to by opponents as the “Death to Asylum Rule,” which would have negatively impacted almost every aspect of the asylum system. These procedural and evidentiary rules would have made it nearly impossible for LGBTQ and HIV-positive refugees who are fleeing persecution in their home countries to receive asylum in the United States, even if they have strong meritorious claims and a very high likelihood of persecution if returned. Longtime pro bono partner Immigration Equality, who represents LGBTQ and HIV-positive refugees, lacked the resources to help all of its clients apply for asylum before the Jan. 10, 2021, effective date of the rule. A Kramer Levin team took five asylum cases on referral from Immigration Equality and worked through the holidays to evaluate the cases, and then prepared and successfully filed the applications before the deadline. 

The Kramer Levin team included Bankruptcy and Restructuring associate Nancy Bello, Real Estate associate Charlotte Courtade, Intellectual Property associate Austin Manes, Litigation associate Seth F. Schinfeld and Business Immigration associate Michelle Velasco; patent agent Jerome Ma; and paralegal Santo Cipolla. Intellectual Property partner Aaron Frankel supervised the effort.  

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