In court filings, the Obama administration’s DHS lawyers seem to be lowering its defenses regarding the issue of whether a person who is a victim of sexual abuse may qualify for asylum in the U.S.   Senior government lawyers come close to conceding this point.  This is a reversal of the position taken by the Bush administration, who fought zealously in court proceedings that victims of sexual abuse do not qualify for asylum, and never came close to giving up this fight. 

A court filing or argument alone doesn’t create immigration policy, but the precedential nature of court decisions will bind future cases to the results of this case.  If the person in the case at hand prevails, her victory will surely open the flood gates for future asylum applications with similar circumstances.

More analysis to come when I fully review the filings.  For now, here’s a link to the story: http://www.nytimes.com/2009/07/16/us/16asylum.html?_r=1&hp