John, it’s International Transgender Day of Visibility and I have a very exciting update. Kelly Gonzalez Aguilar, a transgender woman from Honduras, won her case at the Tenth Circuit Court of Appeals, where the court found she should have been granted asylum! As one of the attorneys at the National Immigrant Justice Center (NIJC) on the case who has been advocating for Kelly for years, I am so grateful that the court finally recognized Kelly’s right to asylum protection in the United States. This ruling could have a huge impact for other transgender people who are seeking asylum from Honduras. The court found that, based on the evidence of pervasive transphobic violence throughout Honduras, “any reasonable adjudicator would find a pattern or practice of persecution against transgender women in Honduras.” It is rare for courts to recognize that there is a pattern or practice of persecution against a protected group, so the decision will hold persuasive power nationwide. |
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You may remember from our previous messages and action alerts that Kelly was initially denied asylum and then was detained for 1,051 days (more than three years), including months in solitary confinement. A broad national coalition of immigrant and transgender rights activists—including NIJC, TransLatin@ Coalition, Amnesty International USA, and American Friends Service Committee Colorado Immigrant Rights Program—organized the #FreeKelly campaign to support her and demand her release so she could pursue her appeal outside of detention. After more than 75,000 supporters around the country and world—including many NIJC supporters like you—signed a petition and emailed and called U.S. immigration and Customs Enforcement (ICE) demanding Kelly’s freedom, members of Congress spoke up, and the community organized events near the Aurora detention center in Denver where Kelly was detained, ICE finally released Kelly in July 2020. "This is an important decision that recognizes what it is like for people like me in Honduras, and I am happy that other trans people will be able to benefit from my experience,” Kelly said. “Waiting for three years in detention for this decision to come was very hard, but I am proud and grateful for all of the activists, campaign partners, and lawyers who helped me along the way. I hope that with this decision they change many laws that violate human rights of LGBTQI immigrants who only ask for refuge.” Kelly’s case will now return to the immigration court for adjudication of her asylum claim. |
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Thank you for supporting Kelly and for joining us in fighting for freedom and safety for other transgender people. -Tania Linares Garcia
National Immigrant Justice Center |
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