One of the most controversial areas in asylum law today concerns claims based on fear of persecution of the powerful maras in Honduras, Guatemala and El Salvador. Immigration judges across the country are deciding these cases very differently, but a few are granting asylum in these cases. This article will give a general introduction to this emerging topic.
You should see a qualified immigration attorney before proceeding with an asylum case or any other type of application to Citizenship and Immigration Services (“CIS”) because you risk removal from the U.S. if you lose your case.

  Today’s powerful maras actually began in the U.S. The violent gang MS-13, or Mara Salvatrucha, first surfaced in Los Angeles over 20 years ago when Salvadoran immigrants formed their own gangs in response to the Mexican-American gangs in their neighborhoods. Once El Salvador’s civil war ended in 1992, the U.S. began deporting Salvadorans, many of them gang members.
Now MS-13 is well-established in the U.S. and Central America. MS-13 and its rival, the 18th Street Gang, or Mara 18, both engage in crimes ranging from drug trafficking, racketeering and kidnapping. The maras reign of terror has caused many people to flee their homes fearing gang violence, particularly due to the maras brutal and relentless recruitment of young people.

  The U.S. gives asylum to people already in the U.S. who have experienced past persecution or have a “well-founded fear” of future persecution because of their race, religion, nationality, political opinion or “membership in a particular social group.”
First, you must show that the bad things that happened to you equal persecution. It is very important to be as specific as possible.
Second, you must link the bad things that happened to you to one of the five bases for asylum. It’s not just enough that bad things happened to you. You must show that it was because of your political opinion or race, for example. In cases based on fear of gangs, you could try to show that your refusal to join a gang was a political opinion that caused you to be followed, threatened, beaten up and tortured. Since this is a relatively new area of law, it is very important to work with your attorney to make as many credible arguments as possible.
Third, you must show that the authorities in your country are not willing or not able to protect you. The Salvadoran and Honduran governments have passed strict laws against gangs recently, but those laws have not seriously addressed the problem. You need to show that the police and other government officials have not and will not help you.
It is difficult to prove a case for asylum due to fear of persecution from a gang because judges are afraid that giving one person asylum for this reason means that they will have to give asylum to thousands and thousands of people. So it is really important to show why your case is specific and unique.
For the same reason, it is also important to try and provide as many documents as possible backing up your story.

If you used to be in a mara, you could face an uphill battle trying to get asylum. The government will try to argue that you are a persecutor yourself, so cannot receive asylum. However, there are ways to address this argument. For example, maybe you were forced to commit bad acts. Or maybe you have removed all of your gang tattoos, showing that you really no longer have anything to do with the gangs, so you aren’t a risk. There may be other ways around this problem. You should discuss them with an attorney.

There are many reasons that someone with a real fear of returning to their country may still not be able to get asylum. For example, U.S. law requires individuals to file for asylum within one year of entering the country. If you do not file on time or show an exception explaining why you filed more than a year after your arrival, you will not be able to receive asylum. Also, you may not be able to receive asylum if, as noted in the previous section, the government finds that you persecuted others.
In these and other cases, you may still be able to stay in the U.S. based on protection under the Convention Against Torture. CIS cannot grant this to you. Only an immigration judge can give you this relief. This means that you will have to be in removal proceedings to be eligible for this relief.
Applying for asylum based on fear of persecution from a mara is not a sure thing. However, for a few people, it could be their only chance once they are put into removal proceedings.