Gary Carnivele

Throughout Ali’s childhood in Iraq, he was repeatedly bullied by students and teachers for what he described as his feminine behavior. During his pre-teen and teenage years, men sexually assaulted him, but he couldn’t report it to the police for fear that he’d be thrown into jail for years since Iraq has criminalized homosexuality.

Ali was afraid to come out or talk about these assaults to his family. Although he wasn’t sure if his father knew he was gay, his dad knew other LGBTQ+ people from his travels abroad for work. His father used to tell him, “One day, we’re gonna go to travel to Europe or America and have a good life,” adding, “You’re gonna be safe and you’re gonna be happy.” But then his father died of a heart attack in 2014, and Ali’s abusive older brother (10 years his senior) assumed control of the family, making Ali terrified for his future.

In November 2023, Ali went out with another man for ice cream. While they were out in the rain, five Iraqi police officers suddenly surrounded and arrested them, believing they were romantically involved. Though Ali lied and told the officers they were just cousins, the officers accused them of being prostitutes and slapped, kicked, and hit them in the streets, eventually taking them to the police station.

At the police station, they took Ali’s phone and found images of male models and some men kissing. Police said that the images confirmed Ali’s intent to conduct sex work. They forced him to sign a confession that he had had sex with another man; one officer tried to coerce Ali into performing oral sex; and the police eventually threw him in jail, leaving his family with no clue as to his whereabouts.

In the remote jail, far from the city where Ali lived, he shared a cold, small, crowded cell with about 15 other people, ranging in age from 15 to 60. The police took Ali’s clothes and gave him dirty ones to wear, along with a small blanket.

“Everyone’s sleeping next to each other [on the floor] so close, and it was just so scary,” he told LGBTQ Nation. “Like, I was thinking an animal can’t even live there.” One guard suggested that he tell other inmates that he was arrested for using counterfeit money, because if he admitted he was gay, they might mistreat him.

“I was ultimately released, but I was terrified for my safety because the police had my home address and personal information and had accused me of being gay. I believed I could be imprisoned at any time,” Ali said in a court documentexplaining his situation. “After my arrest, I knew I had to leave the country to survive. I did not feel that I could trust anyone.”

Ali’s experiences mirror that of other LGBTQ+ Middle Easterners who are entrapped, harassed, detained, and tortured under suspicion of being queer. Ali considered taking his own life to escape the persecution, but he couldn’t go through with it.

A second chance, but with the U.S. government working against him

Ali eventually applied for aid under the U.S. Refugee Admissions Program (USRAP), a 1980 federal program that has helped millions of refugees fleeing persecution in their home countries to relocate safely in the United States and build lives, families, and businesses.

Refugee processing and resettlement are lengthy processes requiring participation from numerous governmental and nongovernmental entities. Ali, like thousands of refugees, first underwent extensive security checks and referrals before being approved under USRAP and resettling into a single apartment in the United States.

“When I learned I would be resettled in Dallas, I was so excited that I began screaming with happiness and jumping and dancing,” Ali said.

It’s hard to know exactly how many LGBTQ+ people seek asylum in the U.S., but a 2021 study by the Williams Institute estimated that 11,400 LGBTQ+ individuals did so between 2012 and 2017. Approximately 4,385 of them made asylum claims specifically related to their LGBTQ+ status.

I am very concerned that if people back in Iraq learned about my sexual orientation and my interactions with the police, my family would be in danger.Ali, a gay Iraqi refugee currently living in Dallas, Texas

He came to the U.S. with only $120 to his name. Upon arrival, Catholic Charities provided him with a case manager and financial assistance for his first three months, as well as help in finding other programs to assist him in getting a job and obtaining basic necessities. Ali soon applied for a matching grant program that would cover one year of rent and utilities and provide him a monthly allowance, as well as a Refugee Cash Assistance program to provide a monthly stipend for six months and potentially longer.

However, by early February, he was notified that both programs had shut down due to an executive order signed by Donald Trump on January 20, entitled “Realigning the U.S. Refugee Admissions Program.” The order claimed that federally funded programs for admitting refugees aren’t in the country’s best interests because they “compromise the availability” of “taxpayer resources” for American citizens.

Trump’s order effectively halted refugee admissions indefinitely, ending USRAP and freezing millions in congressionally appropriated USRAP funding. Trump’s order threw Ali’s life into disarray, stranded thousands of other refugees and separated families who had already been approved under USRAP, and ended the funding of various groups and charities that used federal funding to provide vital survival benefits to refugees.

Ali learned that the case manager helping him secure benefits had been laid off after Trump’s order, and his apartment managers told him he might be evicted if he couldn’t pay the rent. Running out of food, he subsisted on peanut butter. 

In response to the chaos, the International Refugee Assistance Project (IRAP) filed Pacito v. Trump on February 10 in the Western District of Washington. The case is a class action lawsuit filed on behalf of the individuals and major resettlement agencies harmed by Trump’s order. It asserts that, by indefinitely ending USRAP, Trump and federal agencies exceeded their lawful authority and violated both federal law – and rulemaking procedures required under the Administrative Procedure Act – as well as the Constitution. The lawsuit seeks to block the order, restore funding, and enforce long-established protections for refugees.

In March, a district court agreed with IRAP’s lawsuit and granted a preliminary injunction against Trump’s order, writing, “The results have been harrowing.” The court noted that refugees have few (if any) rights – they have no right to work; limited access to healthcare, housing, or education; and often face discrimination.

Luckily, a charity helped Ali find a job at a local coffee shop, and he also secured a second job at a local mall. He had learned English, he said, by watching old episodes of Keeping Up with the Kardashians, a reality TV show about an ethnically Armenian celebrity family living in the United States. Now, he has made several good friends and has started building a community by attending a local church.

But other individual refugees who had been approved to come to the U.S. under USRAP after years of processing have either been stranded in the U.S. without homes or work or else trapped in their home or host countries as their scheduled flights to the U.S. were abruptly canceled, the district court wrote in its May decision. This has left the refugees vulnerable to physical danger and financial hardship without stable housing, income, basic necessities, alternative paths to refuge, or access to integration services that would help them become self-sufficient.

Furthermore, Trump’s order effectively defunded congressionally mandated resettlement-support services, making them unable to pay their employees and keep their offices open and undermining decades of work building up infrastructures, relationships, and the associated goodwill to facilitate refugee integration in local communities. The order required these services to furlough or lay off hundreds of staff all over the United States, threatening their continued existence.

The courts are trying to restrain Trump, but he has other plans

In April, the Ninth Circuit Court of Appeals granted the federal government a partial emergency stay of the district court’s injunction. While the appeals court has required the government to reinstate resettlement and placement services to refugees for 90 days after their admission into the United States, the court also appointed a magistrate judge to help review individual cases of refugees harmed by Trump’s order, while IRAP’s class action suit continues to be heard by the courts.

“Iraq is a very unsafe place for LGBTQ+ people,” Ali said in his court filing. “When I speak to people back in Iraq, I hide the fact that I’m gay and that the police arrested and abused me for being gay… I am very concerned that if people back in Iraq learned about my sexual orientation and my interactions with the police, my family would be in danger.”

I want to help everyone in my situation because it is difficult for me now, and I know there are other refugees who recently arrived and are struggling even more than me. Ali, a gay Iraqi refugee currently living in Dallas, Texas

Ali also worries that, if he criticizes the Trump Administration for ending USRAP, conservative organizations could somehow locate his name and personal information for harassment or violent retaliation. If his name is made public, it could make it even more difficult for him to find employment or could lead to other kinds of anti-immigrant and anti-gay discrimination.

Ali understands that, in this case, he’s not only representing himself, but thousands of other refugees nationwide and across the world. “I want to help everyone in my situation because it is difficult for me now, and I know there are other refugees who recently arrived and are struggling even more than me.”

The Trump Administration is considering a radical overhaul of USRAP that would continue to largely defund the program and reduce the number of refugees allowed annually into the U.S. from 125,000 (the number established by former President Joe Biden) to 7,500. Trump’s plan would give preferred relocation assistance to English speakers, white South Africans, and Europeans who have left their countries after making anti-immigrant statements or supporting anti-immigrant political parties, The New York Times reported on October 15.

“[Trump’s plan reflects] a preexisting notion… as to who are the true Americans,” said Barbara L. Strack, a former chief of the refugee affairs division at Citizenship and Immigration Services during the Bush, Obama and Trump administrations. “And they think it’s white people and they think it’s Christians.”

In a statement, IRAP wrote, “These actions reflect a broader pattern of President Trump attempting to strong-arm other branches of government into rubber-stamping his political agenda, sidestepping the checks and balances Congress established to ensure refugee policy serves humanitarian – not partisan- ends. Such departures from established process and principle undermine the United States’ legal obligations and moral leadership, sending a dangerous message that access to refuge may depend on identity rather than need.”