Achieving LGBTQ Equality Through Litigation, Legislation, Policy, and Public Education

Case Summary & History

Asylum & Immigration

East Bay Sanctuary Covenant et al. v. Trump et al.

STATUS: Amicus Brief filed

NCLR filed an amicus brief highlighting the stories of LGBTQ asylum seekers in East Bay Sanctuary Covenant et al. v. Trump et al., a case in federal district court in California challenging the Trump Administration’s “asylum ban” – the rule and presidential proclamation barring asylum for individuals who enter the United States across the southern border outside of a port of entry.

In the underlying case, East Bay Sanctuary Covenant and other nonprofit organizations sued the Trump administration on November 9, 2018. On November 19, 2018, the court temporarily blocked the asylum ban from going into effect. The plaintiffs have moved for a preliminary injunction to stop the asylum ban for the duration of the lawsuit, and a hearing is set for December 19, 2018.

NCLR’s brief, filed in support of the motion for preliminary injunction, highlights the direct and irreparable harm that the asylum ban will have on LGBTQ asylum seekers, who are particularly vulnerable. In addition to facing violence and other persecution in their countries of origin, LGBTQ asylum seekers, especially those who are transgender or gender nonconforming, risk violence and other serious harms at the southern border due to their gender identity or sexual orientation, and it is unsafe for them to remain in Mexico while they await processing and entry into the United States. The effect of the asylum ban is to foreclose a path to asylum for many LGBTQ refugees, and to place an already vulnerable group at a significantly higher risk of violence and other harm.

NCLR’s brief was joined by Centro Legal de la Raza, El/La Para Translatinas, GLBTQ Legal Advocates & Defenders, Immigration Equality, Lambda Legal Defense & Education Fund, Inc., and Transgender Law Center.

Read the amicus brief.

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