Court Rules Honduran Trans Women Should Have Been Granted Asylum

The United States Court of Appeals for the Tenth Circuit in Denver has ruled that a Honduran trans woman, who spent three years in ICE custody, should have been granted asylum in the U.S. based on the evidence of transphobic violence in Honduras.

Kelly Gonzalez Aguilar, who was born in Honduras, first fled to Mexico with her sisters when she was 12 years old looking for her mom, who previously fled to Mexico. She went to Mexico running from her uncle, who often beat her for her feminine behavior, but even there she was still persecuted. So she fled again, this time to the United States, where she began her transition. 

Gonzalez Aguilar sought asylum, but it was denied, and so was her appeal to the Board of Immigration Appeals, where she claimed that a life for a trans woman was very difficult in Honduras. 

She spent three years in immigration detention, including multiple months in solitary confinement. During her detention, Gonzalez Aguilar experienced deteriorating physical and mental health. 

“Any reasonable adjudicator would be compelled to find a pattern or practice of persecution against Transgender women in Honduras,” the ruling says.

Gonzalez Aguilar was released in July 2020 due to enormous support of activists that created the #FreeKelly campaign. Through the campaign, activists were able to gather thousands of signatures, emails, and calls to ICE in solidarity with Gonzalez Aguilar. 

“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,” Gonzalez Aguilar tells the National Immigrant Justice Center. 

NIJC point out that the ruling may have an impact for other transgender Hondurans requesting asylum in the U.S., since it is rare for a court to admit “that there is a pattern or practice of persecution against a protected group.”

“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,” Gonzalez Aguilar says.