Thousands of LGBTQ individuals come to the United States every year seeking political asylum. They come from countries where they face violence and persecution because of their sexual orientation or gender identity.
How will Donald Trump as President impact LGBT asylum seekers? Maria Blacque-Belair From RIF (Refugee and Immigrant Fund) consulted with some immigration attorneys and here are some initial thoughts she is sharing with clients in the short term.
1. First Obama is still president until January 2017 so absolutely nothing will change for asylum applicants till then.
2. Trump in all his rhetoric about immigration policies has NOT indicated that he would reform the asylum process ( he has talked mostly about the refugee resettlement process and more specifically about barring the resettlement of Syrian refugees).
3. Even if he wanted to change asylum law, as part of the 1951 Refugee Convention which the US is a signatory, it would take a long time, many years to do so, and he would face a huge opposition.
4. Therefore, according to asylum law, those who come to America with a visa and then decide to apply for asylum, it is their right to do so. NOTHING HAS CHANGED.
5. Finally we totally understand that you feel uncertain and confused, we will continue to update you on any new information, and also hope that you will join us in fighting Donald Trump anti immigrants action.
This is good news for LGBT asylum seekers for the most part. There are many issues that will need to be monitored in the months ahead, of course. And it is important to remember that the experiences of those who apply for asylum from inside the country can be much different from the experiences of those who request asylum at the border and are detained.
Among the worst offenders are corporate run detention facilities including the Adelanto Detention Facility in the Mojave Desert of Southern California. In the months ahead we will likely see a push from the Trump Administration to privatize more detention centers (and prisons), and this is an issue LGBT folks should be watching closely.
Each year on June 20th, the United Nations marks World Refugee Day, calling attention to the tens of millions of people forced out of their homes and countries due to violent conflict, persecution or war. As we stand in solidarity with all refugees it is important to also understand that LGBT refugees are at great risk. Hundreds of LGBT refugees have fled Uganda, for example, and arrived in Kenya. These LGBT Ugandans report widespread violence and harasssment of LGBT people at Kenyan Refugee Camps, including harassment by the police officers monitoring the camps.
As World Refugeee Day approaches. you can play an important role in speaking out about the needs of LGBT refugees, and all refugees. Here are 10 tweets you can retweet, post on facebook, or share however you want. Use the tools you have to spread the word.
On January 14th, 36 national and local organizations representing lesbian, gay, bisexual, transgender and queer (LGBTQ) people sent a letter to Jeh Johnson, Secretary of Homeland Security calling for an immediate end to the Administration’s heavy-handed and immoral immigration raids , which have sparked a new wave of terror in immigrant communities across the country. The groups also called on the Administration to provide immediate relief to those fleeing violence and decried the Administration’s giving short shrift to due process protections.
The letter decries the immoral tactic of raids and lays out the particular damage that they have on the LGBTQ community. From the letter:
These negative impacts are even more harrowing for LGBTQ immigrants that already report higher levels of violence and discrimination based on their sexual orientation and gender identity. These raids will only serve to push our LGBTQ immigrant community further into the shadows.
The call from LGBTQ organizations adds to the growing chorus of voices ranging from over 60 Asian Pacific Islander organizations to more than 150 House Democrats and other political leaders calling on the Administration to end their reprehensible tactics.
Zenen Jaimes Perez, Advocacy & Policy Analyst for United We Dream said, “LGBTQ advocates refuse to sit idly by while the government inflicts a new wave of terror upon the immigrant community. The raids are just the latest in a series of gross injustices being carried out by the Obama administration on LGBTQ immigrants who are too familiar with the government’s use of intimidation, disrespect for due process and abuses in the immigrant detention and deportation process.”
The full text of the letter can be seen here and below. Signers of the letter include: Aquí Estamos, Association of Latino/as Motivating Action (ALMA), CenterLink: The Community of LGBT Centers, Collectively Free, Community Initiatives for Visiting Immigrants in Confinement (CIVIC), Equality New Mexico, GALAEI, Gay & Lesbian Advocates & Defenders, GLAD Alliance, GSA Network, Human Rights Campaign, Immigration Equality, La Clinica del Pueblo, Lambda Legal, League of United Latin American Citizens, Manantial de Gracia, Marriage Equality USA, National Black Justice Coalition, National Center for Lesbian Rights, National Center for Transgender Equality, National Immigrant Justice Center, National Immigration Law Center, National Latina Institute for Reproductive Health, National LGBTQ Task Force, National Queer Asian Pacific Islander Alliance, Our Family Coalition, Pride at Work, Queer Detainee Empowerment Project, RAD Remedy, Social Workers for Reproductive Justice, The DC Center for the LGBT Community, The LGBT Center Orange County, The Los Angeles LGBT Center, Trans Pride Initiative, Trans Student Educational Resources and United We Dream. LETTER TO SEC. JEH JOHNSON FROM LGBTQ ORGANIZATIONS CALLING FOR AN END TO RAIDS:
(for citations, see pdf of letter here)
January 14, 2014
The Honorable Jeh Johnson
Secretary of Homeland Security
U.S. Department of Homeland Security
Nebraska Avenue Complex
3801 Nebraska Avenue, N.W.
Washington, DC 20528
Dear Secretary Johnson:
The undersigned lesbian, gay, bisexual, transgender, and queer (LGBTQ) organizations and individuals write to express our deep opposition to the Department of Homeland Security’s (DHS) tactics of conducting raids in communities nationwide to round up and deport Central American children and their families.
We are committed to ensuring the safety, health, and welfare of all LGBTQ immigrants in the United States and we are disappointed that DHS has decided to use tactics that instill fear into immigrant communities. These raids plainly contravene President Obama’s directive to “more humanely” enforce our nation’s immigration laws. Instead of raids, DHS should take measurable steps to protect people that are fleeing tremendous levels of violence.
As an LGBTQ community, we know the vital importance of safe places to live. In the summer of 2014, we saw a wave of parents and children arrive to the U.S. to escape extreme violence in Central America. These parents fled because of gangs murdering their spouses, attempting to recruit their sons, and threatening sexual violence against their children. The majority of these cases lacked access to legal advice and assistance, often because of financial, logistical, or governmental obstacles. Without adequate legal counsel, many do not understand the intricacies of court proceedings and struggle to get their cases heard adequately and fairly.
Additionally, we believe a substantial portion of those who are currently in removal proceedings before the Executive Office for Immigration Review (EOIR) people with a disability, as that term is defined in the Rehabilitation Act of 1973. See 42 U.S.C. § 12102(1). A very high proportion of the Central American mothers and children now targeted for ICE raids have survived sexual assault or other forms of extreme violence, have mourned the loss of close family members to particularized violence, and today suffer the inevitable consequences of exposure to this trauma. This means that a substantial proportion of the Central American parents and children who have sought refuge in the U.S. are suffering from severe symptoms of—and in many cases likely meet diagnostic criteria for—posttraumatic stress disorder, generalized anxiety, and depression.
Consequently, we request that you call for an immediate review of the underlying removal orders on which DHS raids are purportedly based in order to confirm that the orders were not obtained in violation of the Rehabilitation Act. Raids are not the answer, especially for the broader LGBTQ immigrant community. Countless studies show the negative impact that raids have for immigrant communities. Children are pulled from school, immigrant owned businesses suffer, and immigrants fear reaching out to for basic services- even if they themselves are not the targets of the raids. These negative impacts are even more harrowing for LGBTQ immigrants that already report higher levels of violence and discrimination based on their sexual orientation and gender identity. These raids will only serve to push our LGBTQ immigrant community further into the shadows.
Consistent with our welcoming immigrant tradition to harbor those fleeing violence and persecution, DHS must end the use of raids that drive fear into immigrant communities. Additionally, you should exercise your statutory authority to extend relief and due process to all families fleeing violence.
This country has proven to be a beacon of hope for thousands of LGBTQ immigrants that face violence. We ask you send that same level of respect to these families and champion their protection.
We look forward to speaking with you about this matter. Please contact Zenen Jaimes Perez with the United We Dream Network at (512) 914-5905 or zenen@unitedwedream.org for more information or to discuss.
Sincerely,
Aquí Estamos
Association of Latino/as Motivating Action (ALMA)
CenterLink: The Community of LGBT Centers
Collectively Free
Community Initiatives for Visiting Immigrants in Confinement (CIVIC)
Equality New Mexico
GALAEI
Gay & Lesbian Advocates & Defenders
GLAD Alliance
GSA Network
Human Rights Campaign
Immigration Equality
La Clinica del Pueblo
Lambda Legal
League of United Latin American Citizens
Manantial de Gracia
Marriage Equality USA
National Black Justice Coalition
National Center for Lesbian Rights
National Center for Transgender Equality
National Immigrant Justice Center
National Immigration Law Center
National Latina Institute for Reproductive Health
National LGBTQ Task Force
National Queer Asian Pacific Islander Alliance
Our Family Coalition
Pride at Work
Queer Detainee Empowerment Project
RAD Remedy
Social Workers for Reproductive Justice
The DC Center for the LGBT Community
The LGBT Center Orange County
The Los Angeles LGBT Center
Trans Pride Initiative
Trans Student Educational Resources
United We Dream
IOM and UNHCR have released a comprehensive training package on the protection of lesbian, gay, bisexual, transgender, and intersex (LGBTI) asylum seekers, refugees, internally displaced persons, migrants and stateless persons.
The need to ensure that the rights of LGBTI people are respected has recently received increased attention and support from UN agencies, States, and the broader humanitarian and human rights community. However, despite significant progress, discrimination against LGBTI persons persists and their international protection needs often go unmet.
LGBTI persons fleeing persecution face a complex array of challenges and threats at all stages of the displacement cycle. These include discrimination, prejudice, violence, difficulty accessing humanitarian services and barriers to articulating their protection needs during asylum procedures and other interactions with protection and humanitarian actors. UNHCR and IOM are committed to protecting the rights of LGBTI persons of concern, and will continue to take targeted actions to build the capacity of staff and partners to this end. The training package released today is a significant step in that direction.
The training package modules cover a wide variety of topics, including terminology, international law, communication, operational protection, conducting interviews, durable solutions, health and refugee status determination, all with a focus on practical guidance for humanitarian and protection actors around the world. Through a series of field tests undertaken in 2015, IOM and UNHCR have refined these materials to ensure that they are operationally relevant globally.
The training package includes general and module-specific guidance for facilitators, as well as other training aides, to promote the use of these materials in the field. In 2016, UNHCR and IOM will also offer training of trainers.
The Human Rights Campaign (HRC) Foundation in partnership with the LGBT Freedom and Asylum Network (LGBT-FAN), and the National LGBTQ Task Force, recently announced an essential new guide, Stronger Together: a Guide to Supporting LGBT Asylum Seekers, during an event at HRC’s Equality Center.
Stronger Together provides crucial advice and guidance to service providers working with LGBT asylum seekers coming to the United States in search of better, safer lives. The work of Center Global is featured prominently in the report. Center Global, a program of the DC Center for the LGBT Community, supports LGBT asylum seekers and refugees in the District of Columbia.
Every year, thousands of LGBT people flee to the United States (U.S.) from home countries where they face persecution and violence because of who they are or whom they love. However, once arriving in the US, LGBT asylum seekers frequently face the daunting task of building new lives in what can be an unfamiliar and often hostile environment.
Asylum seekers who are LGBT often face barriers that others do not. They may continue to face homophobia or transphobia, often arrive in the U.S.without family support, and may be rejected or ignored by organizations that might be helpful to non-LGBT asylum seekers. Even well-meaning individuals could inadvertently undermine the wellbeing of LGBT asylum seekers by providing incorrect or inappropriate advice. Stronger Together offers service providers information on how best to help newcomers adjust, including advising on employment counseling, access to housing, and where to seek legal representation. The guide focuses on assisting service providers in empowering LGBT asylum seekers.
“LGBTQI asylum seekers and asylees should be leaders in this work. They are experts on their own stories and needs, and can use their expertise to serve their own community.” said Nikilas Mawanda, a Ugandan activist and asylee who also contributed to Stronger Together.
“It is wonderful that people in the U.S. want to support LGBT asylum seekers” said Siobhán McGuirk, Stronger Together co-author. “It is important that this movement develops in ways that respect the diversity, agency, and views of LGBT asylum seekers and asylees, while also contributing to the wider immigration justice movement. Stronger Together reflects that aim. Over a hundred people contributed to this project, including LGBT asylum seekers and asylees, service providers, lawyers, researchers, and activists.”
The situation for LGBT people around the world varies widely. As LGBT equality advances in some places, people continue to suffer from discrimination, persecution and violence around the world.
– An estimated five percent of U.S. asylum claims are based on persecution of sexual orientation or gender identity, suggesting that the U.S. would have received 4,802 applications citing anti-LGBT persecution in 2014.
– In 10 countries worldwide, same-sex activity is punishable by death, and 75 countries criminalize same-sex relationships. Hundreds of transgender individuals have been brutally murdered in the last year.
– In a growing number of countries, governments have sought to silence equality advocates and organizations with so-called “anti-propaganda” laws and legislation.
A recent Associated Press story reveals LGBT people from around the world are seeking asylum in the United States in growing numbers. For example, asylum seekers from Russia are up 34%; many are LGBT persons fearing for their lives. The diversity of groups supporting LGBT asylum seekers is also growing. To reflect this reality, the LGBT Faith and Asylum Network announced a name change, today. It is now the LGBT Freedom and Asylum Network.
LGBT-FAN launched in January 2014 with a congressional briefing and a working retreat. Leaders from around the country, including asylum seekers and asylees, have worked since 2012 to build a core of support and to solidify their mission. The group’s new name reflects the collaborative style of LGBT-FAN, its commitment to LGBT people of all faiths or no faith, and the coalition’s diverse membership. Ironically, while much of the persecution against LGBT people globally is driven by religion, much of the work to help LGBT asylum seekers in the U.S. is led by groups such as Chicago’s Broadway United Methodist Church and the Hebrew Immigrant Aid Society (HIAS).
LGBT-FAN supports direct-service groups, educates the wider community, and operates a charitable fund to give grants for direct services. The network advocates for the U.S. Government to protect LGBT asylum seekers, and works to support asylum seekers who face the brunt of punitive US immigration policies which deny them legal representation or
any means of support while they wait for months for officials to decide on their asylum applications.
At the heart of LGBT-FAN are a growing number of grassroots efforts that provide basic necessities such as housing to LGBT asylum seekers, most of whom are not legally able to hold employment for at least six months after filing their
asylum applications. These organizations include:
• Chicago LGBT Asylum Support Program (CLASP) (Chicago, IL)
• Center for Integration and Courageous Living (Chicago, IL)
• Freedom House (Detroit, MI)
• Housing Works (New York, NY)
• Better Together coalition (New York, NY)
• The First Unitarian Universalist Society of San Francisco (San Francisco Bay Area, CA)
• LGBTQI Bay Area Asylum Coalition (San Francisco Bay Area, CA)
• Center Global, a program of the DC Center for the LGBT Community (Washington, DC)
• The LGBT Asylum Support Task Force (Worcester, MA)
According to LGBT-FAN Coordinator Max Niedzwiecki, “The work of the LGBT Freedom and Asylum Network is increasingly important. Laws in more than 80 countries subject LGBT people to prison, torture, and abuse. Some flee their homes and come to the US seeking safety. Once here, they need shelter, a welcoming community, food, and warm clothes. More than the basics, many want guidance to attain their goals, and feel empowered to join advocacy efforts for LGBT rights worldwide, and immigrant rights here in the US. Many of us are recognizing the shared responsibility to reach out to them.”
LGBT-FAN is partnering with the National LGBTQ Task Force to produce the first-ever guide for best practices when working with this population, and with Funders for LGBTQ Issues to educate foundation staff about LGBT asylum seekers.
May 17th is the International Day Against Homophobia and Transphobia (IDAHOT). It was created in 2004 to draw the attention of policymakers, opinion leaders, social movements, the public and the media to the violence and discrimination experienced by LGBTI people internationally.
Since then the Day has grown in both scope and depth. In 2013, actions around the International Day Against Homophobia & Transphobia took place in almost 120 countries. In the United Kingdom alone in 2013, almost 200 events took place around the Day, whilst in Brazil just under 120 events were registered one month before May 17.
In short, in under a decade, the International Day Against Homophobia & Transphobia has established itself the single most important date for LGBTI communities to mobilise on a worldwide scale.
The International Day Against Homophobia & Transphobia is not one centralised campaign; rather it is amoment that everyone can take advantage of to take action.
The date of May 17th was specifically chosen to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.
The International Day against Homophobia and Transphobia has received official recognition from several States and such international institutions as the European Parliament, and by countless local authorities. Most United Nations agencies also mark the Day with specific events.
LGBTI organizations, governments, cities, human rights organizations, corporations and celebrities have all taken action on May 17th to:
Draw media attention to the issue of homophobia and transphobia
Organise events which mobilize public opinion
Demand attention from policymakers and engage in lobbying activities
Network with like-minded organizations and develop new partnerships, at home or beyond
Mobilize existing constituencies and address new audiences
