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Immigration

Home at Last: 30 years of LGBTQ Asylum

In 1994, the United States granted asylum to an individual on the basis of sexual orientation for the first time. This opened the door for LGBTQ immigrants facing persecution in their countries of origin to seek protection as refugees and asylees. Thirty years later, immigration continues to be central to our political discourse and remains a focus in the presidential election.     In response to the US allowing asylum claims from LGBTQ immigrants, the National Center for Lesbian Rights (NCLR)...

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SUBMIT COMMENTS SUMMARY OF ISSUE In early June, the Department of Homeland Security (DHS) and the Executive Office of Immigration Review (EOIR) proposed a new rule that would effectively destroy the asylum process in the United States. This rule would make it almost impossible for survivors of gender-based violence – including women, and LGBTQ+ people, especially those lacking legal representation – to obtain asylum in the United States. Instead countless people will be forcibly returned to...

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A.E. is a gay man from Honduras who immigrated to the US in 2006. He has spent over 10 years of overcoming hardship and recovering from past trauma, including being targeted by violence and death threats in Honduras because of his sexual orientation. A.E. is now thriving and has a wonderful husband who was included in his asylum petition. With much preparation work from NCLR and a lot of emotional investment from A.E. and his husband, they were able to present their case at the asylum office,...

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J. is a gay man in his twenties from Mexico who has a disability. He and his family immigrated to the U.S. in 2018 and were apprehended at the border. They were placed in detention and most of his family was sent back to Mexico. However, he and his sister who has a small child were allowed to stay and were able to apply for asylum. J’s case was heard by an Immigration Judge in San Francisco. With the assistance of Chelsea HaleyNelson, of counsel, NCLR was able to prepare J. for his...

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J.A. is a transgender man from Mexico who was the survivor of a violent robbery in San Francisco. Because he cooperated with police in investigating that robbery, he was eligible for a U Visa, which protects immigrants who are victims of certain crimes in the U.S.. and who assist in the investigation or prosecution of criminal activity. J.A. is also a survivor of significant trauma and severe family rejection in Mexico, and, because of the effects of that trauma and rejection and lack of legal...

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D.S. is a transgender woman from Mexico who came to the U.S. over 20 years ago. She faced severe persecution in Mexico because of her gender expression and perceived sexual orientation, including physical and sexual violence. Even after fleeing to the U.S., she continued to hide who she was, as she was living in a town with no visible LGBTQ community, and because of the lingering effects of the trauma she experienced. In early 2019, she moved to San Francisco, where she finally was able to...

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Elias is a gay man from Brazil. He suffered bullying and harassment for being different for most of his childhood. At the age of 18, through a church program, Elias sought a sponsor to help him pay to study abroad so that he could leave Brazil. For 16 years, Elias has been studying abroad on student visas and has earned a Bachelor’s in the United States, two Master’s degrees from Austria and France, and studying and working in various other countries. After suffering hate crimes in Brazil,...

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J.L. was initially granted asylum over 8 years ago, but for personal reasons he returned briefly to his home country and was apprehended at the border when he tried to come back to the U.S.. He was placed in deportation proceedings and a motion from the government to terminate his asylum status was granted. However, NCLR represented him and argued that the motion to terminate his asylum status premature and should therefore be overturned, and that he had in fact complied with the requirements...

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M.G. is a transgender woman from Mexico who came to the U.S. in 2002. She fled threats from gang members and violence from police. Unfortunately, due to the severe trauma she suffered from her past, she found herself in vulnerable positions even in this country which made it difficult or impossible for her to apply for asylum for over 15 years. She eventually moved to San Francisco, where found support in the form of therapy, support groups, and supervised medical treatment to advance her...

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