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Dutch court denies U.S. trans woman asylum on basis of her gender identity
A Dutch court has upheld the decision to reject an American trans womans application for asylum after the 28-year-old challenged the decision earlier this year. Veronica Clifford-Carlos, a visual artist from California, applied for asylum in the Netherlands in the wake of the presidents continued targeting of trans rights and villainization of the trans community. Related Happiness looks fantastic on her: Heres what parents wish folks knew about their trans kids With the support of Dutch advocacy group LGBT Asylum Support which is working with about 20 other trans Americans on asylum claims as well Clifford-Carlos said the anti-trans administration has made her feel unsafe remaining in the United States. The court, however, disagreed that Clifford-Carlos personally faces a legitimate risk of persecution, Reuters reported. The judge also said she did not prove she systemically lacks protection or access to essential services. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today The court sent her case back to immigration authorities to review again due to a procedural error the first time around.A statement from LGBT Asylum Support in August explained that the Netherlands Immigration and Naturalisation Service(IND) generally states that discrimination by authorities and fellow citizens can be considered an act of persecution if it is so severe that victims can no longer function socially and societally but that it maintains that there are no grounds for exceptional treatment of transgender and queer refugees from the U.S.Clifford-Carlos was the first trans American to legally challenge an asylum rejection in the Netherlands. In September, she told Reuters how bad it had become in the States for her since the new administration took office.I have people screaming f**got at me in the street I have people threatening my life, threatening to assault me, threatening to follow me home and kill my family.She spoke to The World in September from a Dutch refugee camp, where she explained, It feels like the U.S. doesnt see me as human. I am not seen as a woman in the eyes of the government, and because of my transition, I am technically not a man either. She said the thought of returning to the U.S. gives her more dread than I have ever experienced in my entire life. The Netherlands has long been considered a refuge for LGBTQ+ acceptance. In 1981, it was the first country in the world to grant refugee status to someone due to their sexual orientation, and in 2001, it became the first country to grant marriage equality.But Marlou Schrover, an economic and social history professor in the country, told The World that reality has not lived up to the reputation. She said it is extremely rare for someone to be given refugee status based solely on LGBTQ+ identity, and that one must not only prove they have experienced physical violence, but that the police refused to help when it was reported. Schrover explained that Dutch immigration authorities still view the United States as mostly safe for trans people because there are many other states they can move to if they dont feel safe in their own. The administrations anti-trans policies may also not be enough, she said. Exclusion from the militaryor exclusion from sports may be unpleasant and horrible, but its not seen as persecution in the eyes of Dutch immigration officials.She added that granting asylum to trans people from the U.S. is a risky decision because it makes a big statement about the U.S. and could affect relations between the two countries. Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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