Trans Women Facing Challenges in Colombia and the U.S.

In my role as an educator in International Human Rights and U.S. Asylum law, I have had the opportunity to travel with students to Colombia, where we engaged with one of the country's most at-risk and marginalized communities: trans women. These interactions have opened our eyes to the grave threats, pervasive fear, and deep trauma that trans women in Colombia endure. They face a multitude of challenges, including social stigma, inadequate governmental support for healthcare, exclusion from employment opportunities, and violent hate crimes. These factors often force trans women to leave their homes, including their parents' homes, in search of safety and dignity.

While Colombia has made some legal advancements for LGBTQ communities, such as decriminalizing same-sex relationships and recognizing diverse gender identities, the enforcement of these laws remains weak. This lack of effective implementation leaves many trans women with no choice but to seek refuge elsewhere.

However, the journey to safety is fraught with danger and obstacles. Those who decide to leave Colombia in search of asylum in the United States face treacherous travels through Central America, often risking their lives in the process. The path north is laden with natural, legal, and man-made challenges. Central American countries like Panama, Costa Rica, and Nicaragua present their own legal, political, economic, and transphobic hurdles.

The journey through these regions is not only a bureaucratic challenge but also a perilous physical one. Trans women often have to travel incognito or attempt to blend in with other migrant groups, yet their gender identity makes them particularly vulnerable to sexual violence, exploitation, and even murder. Criminal organizations that exploit migrants often target trans women, taking advantage of their vulnerabilities for extortion and trafficking. In addition to physical dangers, they navigate complex legal barriers, with many Central American governments failing to acknowledge gender-based persecution, denying trans women the protection they merit under international refugee laws.

Upon reaching the United States border, trans women encounter another set of daunting challenges. They face detention in border facilities where the risk of abuse, including sexual assault and mistreatment by authorities, is significant. Finding competent legal representation is crucial yet challenging. The intricacies of immigration and asylum law are daunting, with the asylum application comprising 12 pages in English. Unlike criminal cases, there is no government-supported free legal aid for asylum seekers. Trans women often struggle to secure lawyers who understand the nuances of asylum claims based on gender identity persecution. Even when legal aid is obtained, the immigration system is overwhelmed and understaffed, leading to prolonged processing times and leaving applicants in a state of uncertainty.

The Emotional Toll of Seeking Asylum

One of the most difficult aspects of the asylum process is the personal recounting of past trauma before an asylum officer or an immigration judge. For many trans women, revisiting their experiences of violence and discrimination is not just a necessary legal procedure but an emotionally taxing ordeal. Asylum officers and judges may not be well-versed in issues related to trans identities, and their lack of understanding can lead to re-traumatization and unwarranted denial of asylum claims. If a claim is denied, the applicant must navigate a complex appeals process, filing a written appeal within a tight 10-day window and potentially escalating the case to the U.S. Court of Appeals if necessary.

Data from 2014 to 2024 highlights the struggles of trans asylum seekers from Latin America. Among 25 applicants, 20 hailed from Latin America, primarily Mexico, Honduras, and other Central American nations. Although some judicial circuits, like the Ninth and Tenth Circuits, have been more favorable, many appeals are denied. Notably, Colombian nationals are underrepresented in this data, not due to a lack of applicants, but likely due to barriers such as initial denials, fear of reprisals, language barriers, lack of resources, or insufficient knowledge of the appeals process.

The Urgent Need for Change

The stakes for trans women seeking asylum could not be higher. For them, asylum in the United States represents escape from a nightmare of systemic violence. As a society, we must do more than acknowledge these challenges; we must confront them directly. Colombia must uphold the rights of all its citizens, including trans women, and ensure that laws are enforced, holding perpetrators of human rights abuses accountable. Meanwhile, the United States can leverage foreign aid to encourage compliance with human rights standards.

The moral and legal obligations to provide refuge are clear, especially given the historical context of the U.S. Refugee Act of 1980. We must ensure that trans women’s voices are heard, their realities validated, and that the asylum process is accessible and protective of their rights. Without these changes, the cycle of violence and displacement will persist, leaving countless trans women at risk and without hope.

This article reflects the insights of Fernando Chang-Muy, the Thomas O’Boyle Lecturer in Law at the University of Pennsylvania, and Ashley Acosta, a junior majoring in Political Science with minors in Legal Studies & History, Sociology, and Latin American and Latinx Studies.