I looked at the rules in Canada, and in the discussions I found something like "you have to exhaust all the possibilities in the country you are in, first." (my paraphrase).
So, having an option to go to a blue state, even with reduced options for housing, work, etc., was a bar to claiming refugee status in Canada.
Right. Again, an immigration lawyer practicing in Canada will have the best insight into the viability of claims, but that is really a fundamental principle of asylum law generally - to say you are a refugee, you basically need to be out of options. I learned about this intimately when a family member could not get asylum in the US despite viable death threats in his home country because he also had an Italian passport (acquired via citizenship by descent). Effectively, the US said if you ain't safe at home, you can go to Italy.
This is sad news, but a recent court order allowed a non-binary American to stay in Canada, given that the situation could result in certain death for them. Also, do note that the PM's child is also a non-binary person, so there is someone in the country who has a general understanding of the situation if that helps.
“…if Canada thinks you’re playing games or disingenuously trying to claim asylum in order to simply migrate, they won’t look kindly on it.”
TBH, my circumstances are RELATIVELY privileged-trans and disabled but white and financially stable. Yet, I’m struggling to not be offended by the suggestion that any trans person in the US today could possibly be disingenuous about a claim for asylum.
Maybe I haven’t been the target of the entire US government long enough? Perhaps I’ve overestimated the risk of being detained/kidnapped absent cause (because of speech?) without access to my life sustaining meds?
Have I taken it too personally when the government declared that they would no longer provide the medical care I need but they are still going to keep the coding that identified me as trans during the Biden administration when it was used to provide care before that administration corrected those markers.
Those aren’t things that go away when I go to a blue state and I have received medical EoBs that effectively stated - change your name and markers back to what you were born with or we won’t provide coverage (which to me is life threatening).
They haven’t followed through yet but in this environment, it’s hard to imagine a disingenuous claim from someone in my community.
Not trying to say that I’d qualify for asylum (I appreciate that that is an entirely separate legal question).
Also, qualifying for asylum is what this article is about. I have been stating quite clearly for years that I personally think trans folks should qualify for asylum based on the spirit of the law (see article I posted on 2023 on Medium, before this admin was even in power). But we are talking about practical applications here. I can also attest that in any case, no matter who you are and why you apply for any entry into any country, you are never entitled to enter. It is always discretionary. I am giving you the straight facts. https://open.substack.com/pub/theconscientiousemigrant/p/its-time-to-mobilize-resources-for?utm_source=share&utm_medium=android&r=1h269a
That is a general observation based on the very clear policy in the document I linked to. The onus would be on the applicant to show they meet the criteria. It is absolutely possible that people could simply claim to BE nonbinary or trans just to avoid getting deported. That is what I'm referring to.
I looked at the rules in Canada, and in the discussions I found something like "you have to exhaust all the possibilities in the country you are in, first." (my paraphrase).
So, having an option to go to a blue state, even with reduced options for housing, work, etc., was a bar to claiming refugee status in Canada.
Right. Again, an immigration lawyer practicing in Canada will have the best insight into the viability of claims, but that is really a fundamental principle of asylum law generally - to say you are a refugee, you basically need to be out of options. I learned about this intimately when a family member could not get asylum in the US despite viable death threats in his home country because he also had an Italian passport (acquired via citizenship by descent). Effectively, the US said if you ain't safe at home, you can go to Italy.
that's a sad truth. But we need to lead with truth . I'm glad you don't sugar coat it
There are enough people out here telling people what they want to hear. I will always keep it 💯
This is sad news, but a recent court order allowed a non-binary American to stay in Canada, given that the situation could result in certain death for them. Also, do note that the PM's child is also a non-binary person, so there is someone in the country who has a general understanding of the situation if that helps.
Hot off the presses for those considering emigrating: https://open.substack.com/pub/theconscientiousemigrant/p/when-it-pays-to-be-anal-retentive?r=1h269a&utm_campaign=post&utm_medium=web&showWelcomeOnShare=false
“…if Canada thinks you’re playing games or disingenuously trying to claim asylum in order to simply migrate, they won’t look kindly on it.”
TBH, my circumstances are RELATIVELY privileged-trans and disabled but white and financially stable. Yet, I’m struggling to not be offended by the suggestion that any trans person in the US today could possibly be disingenuous about a claim for asylum.
Maybe I haven’t been the target of the entire US government long enough? Perhaps I’ve overestimated the risk of being detained/kidnapped absent cause (because of speech?) without access to my life sustaining meds?
Have I taken it too personally when the government declared that they would no longer provide the medical care I need but they are still going to keep the coding that identified me as trans during the Biden administration when it was used to provide care before that administration corrected those markers.
Those aren’t things that go away when I go to a blue state and I have received medical EoBs that effectively stated - change your name and markers back to what you were born with or we won’t provide coverage (which to me is life threatening).
They haven’t followed through yet but in this environment, it’s hard to imagine a disingenuous claim from someone in my community.
Not trying to say that I’d qualify for asylum (I appreciate that that is an entirely separate legal question).
Also, qualifying for asylum is what this article is about. I have been stating quite clearly for years that I personally think trans folks should qualify for asylum based on the spirit of the law (see article I posted on 2023 on Medium, before this admin was even in power). But we are talking about practical applications here. I can also attest that in any case, no matter who you are and why you apply for any entry into any country, you are never entitled to enter. It is always discretionary. I am giving you the straight facts. https://open.substack.com/pub/theconscientiousemigrant/p/its-time-to-mobilize-resources-for?utm_source=share&utm_medium=android&r=1h269a
That is a general observation based on the very clear policy in the document I linked to. The onus would be on the applicant to show they meet the criteria. It is absolutely possible that people could simply claim to BE nonbinary or trans just to avoid getting deported. That is what I'm referring to.