The United Nations office of the High Commissioner for Refugees suggested two years ago that gang violence should be included among the conditions countries consider in order to grant immigrants asylum. U.S. asylum law protects immigrants who belong to an ostracized social group, but no legal precedent exists for those who are afraid of being forced to join one. After an undocumented immigrant from Honduras was deported from the U.S. and murdered in his native country, some legal analysts believe American asylum law deserves an update.

A Jersey City family hired a lawyer to seek "posthumous asylum" for a relative who came to the U.S. alone and illegally at age 17. The teen asked for asylum, citing fear of pressure and threats to join a gang. The application was denied in 2010 and the teenager was deported.

The young man was found shot to death last year in Honduras, presumably the work of gangs who unsuccessfully tried to recruit him. The victim's family hopes the murder proves that the disabled teen's fear of retaliatory gangs was real and worthy of asylum in the U.S.

U.S. immigrants traditionally gain asylum by proving they have been victims of persecution for religious or political beliefs, race or nationality or for belonging to a certain social group. The president of the National Association of Immigration Judges remarked that families threatened by gangs do not fit the current law's definition of a "protected social group."

A Honduran embassy official in Washington admitted the Central American country suffers from an "enormous" problem with drug gang violence that the government struggles to control. A UN report placed Honduras at the top of the list of countries with the most homicides in 2010, the year the teen was forced to return to his homeland.

Some immigration reform activists feel the asylum law in the United States is antiquated and fails to reflect modern dangers immigrants face. Opponents to reform say asylum is not a cure-all meant to "resolve all problems" for the world's oppressed.

The gunshot victim's family seeks posthumous acknowledgment from immigration authorities that the young immigrant qualified for U.S. protection.

Source: The Wall Street Journal, "Posthumous US asylum bid highlights gang debate," Jan. 22, 2012