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LGBT Asylum in US Just Got a Little Easier

LGBT Asylum in US Just Got a Little Easier

 

The Obama administration has issued new rules which makes seeking asylum by persecuted gay people a little easier.

The new guidance [PDF] for adjudicating LGBT asylum and refugee claims have been welcomed by advocates.

It includes helpful definitions and appropriately sensitive questions for officers to use, including specific instructions about questions to avoid, such as those related to specific sexual practices.

LGBT-specific examples of harm that may constitute persecution include: laws criminalizing same-sex sexual activity in an applicant’s home country; forced medical or psychiatric treatment intended to ‘secure’ an applicant’s sexual orientation; forced marriage to an opposite-gender spouse; severe economic harm; and beatings or other physical abuse.

Officers must determine whether the harm rises to the level of persecution and if the government of the country from which the applicant hails is unable to protect the individual. Applicants may be eligible for asylum even if they weren’t personally persecuted in the past, but have a well-rounded fear of future persecution.

Guidelines for analyzing complex issues include, for example, that a former opposite-gender marriage does not mean an applicant is not lesbian or gay; that LGBT applicants are not required to meet per-conceived stereotypes or ‘look gay’ and that cultural norms within the LGBT community in an applicant’s home country may differ from those in the US.

Advocates have particularly welcomed a non-exhaustive list of possible one-year filing deadline exceptions (which are a particular problem and make it difficult to pursue asylum after one year of presence in the United States), including: recently coming out as gay; recent steps to transition from birth gender to corrected gender; a recent HIV diagnosis; post-traumatic stress disorder; or severe family opposition to an applicant’s identity.

The guidance follows developments in Europe on improving the situation for LGBT asylum claimants and refers to UK guidance. it also follows a promise made by the White House in December to “protect vulnerable LGBT refugees and asylum seekers.”

National Immigration Justice Centre Executive Director Mary Meg McCarthy said:

This is a wonderful tool that provides critical guidance on the adjudication of LGBT asylum claims. It will also be useful to pro bono attorneys and other advocates representing sexual minorities. In particular, we are hopeful the module will help asylum officers understand the dynamics that may result in an LGBT asylum seeker filing outside the one year filing deadline and contribute to better application of the filing deadline exceptions in these cases.

Steve Ralls, a spokesperson for Immigration Equality who helped develop the guidance, estimated there are about 250 asylum cases of LGBT people coming to the United States to escape persecution each year.

 

Related stories:

Looming Internet ‘Disaster’ for Iranian LGBT

New Wave of Violence Against Iraqi LGBTs?

2011 International LGBT Roundup: Asylum and Refugees

 

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25 comments

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3:13PM PDT on Jun 29, 2012

I'm an atheist-lgbt living in a Muslim country ! It sucks ! and my original country, well I'll never go back there two ! I was being forced to marry a girl. I took a step and cancelled it ! :S Well I WONDER HOW CAN AN LGBT GET ASYLUM FROM A MIDDLE EAST COUNTRY ! ALSO, I WISH I CAN MSG YOU PAUL CANNING :-/ . BUT I CANT

2:47PM PDT on Jun 29, 2012

Thats great news. But what about asylum to lgbts who are living abroad ? What should they do. Because the UNHCR office takes too much time to give a UNHCR referral number.I heard it takes years and when you get the UNHCR referral number , it takes time at the embassy. Is it ok if the lgbts come on a visit and hire a lawyer and apply for asylum ? Because some lgbts(atheist too) , including me are having really hard time :( . Some people have no idea about it :-|

1:00PM PDT on Jun 13, 2012

Finally some progress!

12:40PM PDT on Mar 15, 2012

Noted

1:20AM PDT on Mar 15, 2012

Finally something right. Now if the 2 sides could start acting like adults maybe things will get better.

8:16PM PDT on Mar 14, 2012

finally, good news from washington!

1:59PM PDT on Mar 14, 2012

At least while Obama is in office. If any of the Republicans do happen to win the Presidency we go back to the morally ridgity of hundreds of years past.

1:45PM PDT on Mar 14, 2012

This is good.

10:35AM PDT on Mar 14, 2012

Good news.

10:11AM PDT on Mar 14, 2012

Finally! Such progress is essential for democratic processes

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