Were you aware there are LGBT refugees in the USA?
Thousands of LGBT refugees have sought refuge in the United States over the course of the last few years. Many of them pursue refugee status or asylum in order to live here legally.
Political Asylum USA, brought by the New York Human Rights Committee, reports that many individuals who are lesbian, gay, bisexual or transgender (LGBT) have been granted asylum pursuant to the “particular social group category.”
In order to qualify as a particular social group for asylum purposes, a group must have a common, innate characteristic that they either cannot change or should not have to change because it is fundamental to their identities or consciences. Anyone who is LGBT fits these categories, because they have a common characteristic and, even if one were to argue that it could be changed, it is something fundamental to one’s identity and therefore should not be changed.
There are two issues relating to how someone who is LGBT can qualify for asylum. One is to show that the LGBT community in their home country is sufficiently visible; the other is to show that one’s treatment amounts to persecution on account of their LGBT identity.
Visibility is not whether or not an individual looks like they are LGBT. As Political Asylum USA explains,
It means whether or not the culture sufficiently considers them to be a separate group from other people. Whether or not there is sufficient visibility depends on the facts of the case. […] Generally, it is enough if the government has any discriminatory attitudes or practices directed at anyone who is LGBT.
In addition to demonstrating visibility,
An LGBT asylum seeker must also show persecution on account of their sexual orientation or identity. If a country makes it criminal for an LGBT person to have sex, then prosecution for that crime may be enough to show persecution. However, courts once denied asylum to a lesbian woman from Russia even though the government made her take psychiatric treatment in an attempt to “cure” her.
Testing positive for or having HIV/AIDS can be a factor in demonstrating persecution:
Another form of persecution that disproportionately affects the LGBT community is persecution on account of having HIV/AIDS. Having HIV or AIDS can qualify as a social group in and of itself. Many people who have been ostracized from their community or denied medical treatment on account of being HIV positive have been successful in obtaining asylum. Note that while the U.S. used to deny entry to anyone who was HIV positive, this is no longer the case.
You can watch a video, below, featuring some LGBT refugees talking to BuzzFeedYellow about their experiences, why they came here and what they missed from home.
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