LGBTQ+ asylum seekers have shared their gruelling experiences as detainees in Immigration and Customs Enforcement (ICE) custody, as part of a new report.
An analysis into the mistreatment of LGBTQ+ and HIV-positive individuals while in US federal immigration jails revealed that almost one in three of those interviewed were sexually assaulted, and almost all were harassed because of their sexuality.
Not-for-profit organisation Immigration Equality, which published the report, added that roughly half the participants (20 of 41) were subjected to solitary confinement.
Bridget Crawford, Immigration Equality’s director of law and policy, told independent publication The 19th that ICE detention centres were a “critical lifeline” for LGBTQ+ refugees fleeing “unimaginable violence and torture”, adding: “Their experience in detention compounds the trauma that many of these queer and trans asylum seekers faced in their home country.”
One of those participants, Nikolai, described his time in custody as “completely disgusting” and he felt treated as “second class”. Diagnosed with depression prior to his detainment, he claimed that he was denied antidepressant medication by jail staff despite his mental health deteriorating.
“Imagine sitting in jail and not getting your medication,” he told the researchers. “You’re feeling worse and worse and worse.”
Upon entering the detainment centre in San Diego, California, Nikolai noted that certain cells had the words “HIV”, “gay,” and “transgender” written on the doors. Conditions were “like a zoo” and little was done to hide the identities of queer or HIV-positive detainees, leaving them open to abuse.
Another detainee, a trans woman called Tara, claimed that the guards “beat us like dogs” and that, after being outed, “the other detainees also beat me”.
She was reportedly laughed at and mocked when she asked to speak to a lawyer and was told the only way she could leave was through a deportation order.
Four of the 41 participants reported “outright hostility” from ICE staff when asserting their right to legal representation, and seven said they did not even know they were allowed to contact a lawyer.
Sexual harassment and abuse have also been found to be prevalent within ICE custody centres. A study for the research and advocacy group the Center for American Progress in 2018 revealed that, while LGBTQ+ people make up just 0.14 per cent of detainees, they are the victims of 12 per cent of the sexual abuse cases.
Eighteen participants in the latest research reported being sexual abused or physically assaulted, including Karina, who alleged that she was attacked be a male inmate in the shower after being incarcerated in a men’s detention unit.
After reporting the sexual assault, she was taken to hospital to prove she had “really [been] raped” and was forced to undress in front of a male immigration officer.
After experiencing a mental-health crisis following the ordeal, she was put in solitary confinement, she claimed.
Health research groups have responded to the lack of inclusive questions in the 2026 Census in Australia. They say that excluding gender, sexual orientation or diverse sex characteristics questions would make populations “invisible”.
Multiple health and research organisations have said that failing to add questionsimportant to the LGBTQ+ community in the upcoming census would put these groups at further risk of “marginalisation and disadvantage”.
Eight health research groups, including the Australian Human Rights Institute and the University of New South Wales’(UNSW) Kirby Institute, have urged the government to reconsider its decision.
He also said that the federal government informed the Australian Bureau of Statistics (ABS) to cancel questions on sexuality, gender and diverse sex characteristics because they “weren’t appropriate”.
Health research organisations say LGBTQ+ groups are at ‘increased risk of marginalisation’
Multiple health research organisations have issued a joint statement, urging the government to reconsider its decision to exclude questions aimed at the LGBTQ+ community in Australia’s 2026 Census.
The statement read: “When populations are invisible in the Census, they are at increased risk of marginalisation and disadvantage.”
The groups added that the questions had already “undergone rigorous testing” and the decision to exclude them was “not sufficient”.
It continued: “The omission of comprehensive data collection on sex, gender, and innate variations of sex characteristics in the 2026 Census will undermine our ability to understand the health needs and socio-economic well-being of LGBTI+ populations.”
“We call on our leaders to be clear and bold in ensuring no one is overlooked due to data gaps,” it concluded.
The statement was signed by UNSW’s Kirby Institute, the Centre for Sex and Gender in Health and Medical Research, the Centre for Social Research in Health, the Social Policy Research Centre, the Australian Research Centre in Sex, Health and Society, the Australian Human Rights Institute, UNSW’s Community of Practice for Inclusive Research for Queer and Trans People, and People with variations of sex characteristics, and UNSW’s School of Population Health.
Numerous anti-LGBTQ+ right-wing broadcasters — including Tim Pool and Dave Rubin — have been unwittingly working for a Russian government-funded media company established to push Russian propaganda and disinformation to American audiences, according to an indictment from the Department of Justice (DOJ). There’s no indication whether the broadcasters knew about the company’s Russian origins, but unsealed court documents showed that Russia favors former President Donald Trump to win the 2024 election, The Hillreported.
The FBI is now actively investigating the case which somewhat mirrors the Russian “troll farms” that flooded social media with anti-Democratic messaging during the 2016 and 2020 presidential elections. Concurrently, the Biden administration announced on Wednesday Russian efforts to influence the 2024 U.S. election, and the DOJ announced its seizure of 32 web domains that Russia has used to spread its messages in the United States.
The DOJ indictment alleges that two employees of RT (formerly Russia Today), a state-controlled media outlet funded and directed by the Russian government, spent nearly $10 million over the last year to covertly finance and direct Tenet Media, a Tennessee-based online content creation company. The company, which platforms the aforementioned broadcasters, has published over 2,000 videos posted in the last 10 months on TikTok, Instagram, X and YouTube. Their videos have been collectively viewed over 20 million times, according to the DOJ.
While the indictment doesn’t specifically mention Tenet Media by name, referring to it only as “U.S. Company 1,” the indictment mentioned that the company describes itself as a “network of heterodox commentators that focus on Western political and cultural issues.” That description matches the same one that Tenet Media uses on YouTube, according to New York Times reporter Aric Toler.
The RT employees — Kostiantyn Kalashnikov and Elena Afanasyeva — worked under the pseudonyms Helena Shudra and Victoria Pesti, and oversaw the company’s funding and hiring as well as the editing of its content.
Tenet Media’s YouTube channel features numerous anti-LGBTQ+ videos including ones titled, “Fellas, Is It Gay To Date A Trans Woman?”, “The TRUTH About Gender Ideology”, videos claiming that Pride parades regularly expose children to nudity and another falsely accusing the drag queen segment of the Olympic Opening Ceremonies for “mocking Christianity.” (The segment’s artistic director said it depicted a Dionysian feast.)
In a similar vein, Russia’s President Vladimir Putin has accused the U.S. of pushing gender “perversions” on Russian schoolchildren. Putin has used this reasoning to justify attacks on LGBTQ+ citizens and his ongoing invasion of Ukraine. Tenet Media has published numerous videos attacking Ukraine for spreading violence and unrest in Russia.
“While the views expressed in the videos are not uniform, most are directed to the publicly stated goals of the Government of Russia and RT — to amplify domestic divisions in the United States,” the DOJ said.
Tenet Media’s webpage listing its “talent” includes Tim Pool, Dave Rubin, Tayler Hansen, and Turning Point USA chief creative officer Benny Johnson — all of them have shared anti-LGBTQ+ views on social media. Tenet Media has also featured talks between disgraced former Fox News host Tucker Carlson and conservative gay commentator Glenn Greenwald.
On Wednesday, the Biden administration announced that Russian government agents operated websites, social media and created fake social media personas to spread propaganda furthering Russian interests. The DOJ said it had already seized 32 web domains connected to the Russian plot and suggested it would seize more as part of its ongoing investigation, The Verge reported.
Numerous media studies have shown that Russian government-funded “troll farms” disseminated Russian state propaganda designed to fuel political divisions between Americans during the 2016 and 2020 elections. The exposure of Tenet Media is just the latest iteration of the same ploy — and it apparently is using anti-LGBTQ+ media figures as part of its anti-American campaign.
Australia’s Employment and Workplace Relations Minister Murray Watt is “concerned” after Iran reportedly summons the Australian Ambassador to the country after sharing a pro-LGBTQ+ post on Instagram.
The embassy shared the post to mark Wear It Purple Day on 30 August, a date that “strives to foster supportive, safe, empowering and inclusive environments for rainbow young people” in Australia.
Reuters reported that Iran summoned the Australian Ambassador, Ian McConville, to the ministry in the capital Tehran in response to the social post, which was dubbed as “norm-breaking” and “promoted homosexuality”.
Watt has since responded to the news, saying that the reaction from the Iranian government is “concerning”.
He told ABC News Breakfast on 4 September: “Certainly, the Albanese government’s views and our values are that we support all Australians, regardless of their sexual orientation, their gender, their race.”
The Minister added: “I am concerned to see this reaction from the Iranian government to the activities of the Australian Embassy.
“We’re very proud about the fact that our embassies promote Australian values internationally, and I’m very concerned to see an overseas government seemingly take action against an Australian Embassy that is upholding Australian values.”
Watt was asked whether there would be any “counter-reaction” in Australia, to which Watt responded: “It’s probably a little bit early for me to be predicting that.
“But I’m sure these are things that Penny Wong [Australia’s Minister for Foreign Affairs and leader of the Government in the Senate] and others will be taking into account,” he concluded.
The original social media post in question read: “Celebrating ‘Wear it Purple Day’ with a splash of purple in every corner, and some delicious cupcakes made with love.
“Today, and every day, we’re dedicated to creating a supportive environment, where everyone, especially LGBTQIA+ youth, can feel proud to be themselves. Let’s keep championing diversity and inclusion for a brighter, more inclusive future,” the post went on to proclaim.
The Iranian Labour News Agency quoted McConville as saying the post was not meant to be an insult to the Iranian people or their values and the Islamic Republic was not mentioned in the post, which remains live on the embassy’s Instagram account.
Homosexuality is illegal in Iran and same-sex acts between men are punishable by death, while women face the possibility of 100 lashes. There are no protections for LGBTQ+ people from discrimination, and conversion therapy is believed to be widely performed.
Last year, Nicolette Mason, the founder of the Iranian Diaspora Collective, a non-partisan, queer-led, multi-faith group, told PinkNews that the country’s younger citizens wanted “to be able to live freely like the rest of the world”.
The Dominican Republic’s Constitutional Court will hear a challenge on August 30, 2024, to laws that criminalize consensual same-sex conduct by officers in the police and armed forces, Human Rights Watch said today. In an amicus curiae brief, Human Rights Watch said that these discriminatory laws violate the rights under international law of lesbian, gay, bisexual, and transgender (LGBT) officers to equality, privacy, and the ability to work without fear, among others.
“These draconian laws are a stain on the Dominican Republic’s human rights record and contribute to an unchecked discriminatory environment in the police and armed forces,” said Cristian González Cabrera, senior researcher at Human Rights Watch. “State-sanctioned bigotry has no place in a democratic society governed by the rule of law and in a region that has mostly disavowed the criminalization of private sexual acts between people of the same sex.”
The Dominican Republic does not ban same-sex conduct by private individuals. Yet, it lags behind on LGBT rights, lacking comprehensive civil anti-discrimination legislation, same-sex marriage or civil union rights, and gender identity recognition for transgender individuals, Human Rights Watch said. In recent months, LGBT activists have criticized a proposed criminal code for not providing protections based on sexual orientation and gender identity, including hate crimes provisions.
In 2019, a viral video exposed a Dominican army sergeant in a same-sex encounter, leading to his dismissal. The army cited a “duly proven serious fault that tarnishes the morals and ethics of the institution.” The sergeant filed an appeal. An administrative court dismissed his case in 2021 on procedural grounds, but the sergeant filed a new appeal and is awaiting a final decision.
In 2014, the then-director of the National Police told a congressional committee that existing legislation “does not allow people who are homosexual” to be part of the force. In response to questions about what would happen to homosexual officers already in the police force, the then-director asked for them to be identified, news reports said.
Anderson Javiel Dirocie de León, one of the lawyers leading the constitutional challenge, told Human Rights Watch: “The discriminatory provisions mean that LGBTI officers serve in constant fear of being discovered, sanctioned, and losing everything, including their livelihood. The provisions convey a message from the state that LGBTI people are inherently unfit to perform public functions and can be considered criminals for being who we are.”
In 2004, the Dominican Republic’s congress passed a broad criminal procedure reform that limited the ability of the police and the armed forces to criminally sanction officers, but made clear that those institutions retain their administrative “disciplinary powers.” In 2019, the Constitutional Court clarified that criminal cases against officers should be heard by ordinary criminal courts, but it did not strike down the provisions on sodomy in the security forces’ codes of justice.
In recent years, countries in the region, including Peru, Ecuador, Venezuela, and the United States, have scrapped laws that criminalize same-sex conduct by officers.
In its amicus curiae brief, Human Rights Watch said that the criminalization of same-sex conduct violates international standards, including the rights to be protected against arbitrary and unlawful interference with one’s private and family life and to one’s reputation or dignity, as emphasized by the United Nations independent expert on sexual orientation and gender identity.
While the provisions under constitutional challenge prohibit same-sex conduct only in the military and police context, they make the Dominican Republic one of the few remaining countries in the Americas to criminalize same-sex conduct.
“President Luis Abinader and Congress should not wait for the Constitutional Court ruling and should promptly introduce legislation to repeal these outdated and discriminatory laws that meddle in officers’ private lives,” González said. “Repealing these laws would send a strong signal to LGBT people and the world that the principles of equality and nondiscrimination are of the utmost importance in the Dominican Republic.”
Gay Brazilians have become targeted as a slew of murderers have been using dating apps to target gay men, Reuters reports.
One victim, Leo Nunes, was murdered on Lover’s Day in Brazil after he met someone on Hornet, a gay dating app. He was killed in a middle-class neighborhood in Sao Paulo.
One suspect has been arrested, however the string of crimes has yet to stop. People report being robbed and attacked after meeting up with assailants using fake profiles.
Straight men may be at risk, too, of “love cons,” where straight men are lured to a remote location to meet with a woman and are instead kidnapped and robbed.
Criminal groups are targeting LGBTQ+ people because of their known reluctance to interact with law enforcement.
“Because of structural homophobia, criminals know that LGBT people are vulnerable. They know they will be more easily intimidated,” said Wanderley Montanholi, a lawyer for the family of Heleno Veggi Dumba, a gay doctor who was murdered in April in Sao Paulo after an attempted robbery.
Three suspects have been arrested for Dumba’s killing, however none are charged as of yet.
Five gay men have been killed through these apps since March of 2024, although the number may be higher as deaths go unreported to police.
Brazilian police declined to comment to Reuters about murders linked to gay dating apps, mentioning only the “love cons.”
Gabriel, a gay man who did not give his surname to Reuters, was robbed by the same profile on the same street as Nunes. “One man put a gun to my stomach and asked me the password of my phone,” he said, which led to his bank accounts being accessed and his money and credit cards stolen.
According to Gabriel, the profile remained on Hornet for weeks after it was flagged, in spite of multiple people flagging it as well. Law enforcement declined to comment on the cases of Gabriel and other individuals who had been attacked.
Gerry Monaghan, head of operations at Hornet, said to Reuters that “all reports are looked at and reviewed by Hornet.” He also said that the company added additional staff to handle reporting and that they changed their reporting system to prioritize issues based on severity. He did not elaborate on this.
A spokesperson for Grindr said that they are “aware that in Brazil, digital platforms such as ours are occasionally abused to target LGBTQ+ people.” He referenced security features in the app and referenced their participation with law enforcement.
A humanitarian agency in Colombia sought the guidance of a local organization supporting LGBTQ+ communities to better address the needs of VenezuelanLGBTQ+ migrants, resulting in improved responsiveness to their needs. Following the devastating 2015 earthquake in Nepal, a local LGBTQ+ organization trained humanitarian partners to understand and address the overlooked needs of LGBTQ+ communities. In Ukraine, LGBTQ+ organizations partnered with humanitarian groups to better reach those in need of protection, temporary housing, cash assistance, and other forms of life-saving support in the context of Russia’s full-scale war.
What do these stories have in common? They all demonstrate that, in times of crisis, meaningful inclusion of LGBTQ+ people in humanitarian action is not only possible but critical.
Ringo Chiu/Shutterstock
While LGBTQ+ people share common vulnerabilities with all affected populations in humanitarian crises, they also have specific and diverse needs not faced by others. These may include protection from bias-driven violence and scapegoating, access to safe transport and shelter that respects queer families and individuals, and specialized medical care from hormone treatments to HIV-related medications.
These stories and others are documented in a new joint report by Outright International and Edge Effect. In They Know What We Don’t: Meaningful Inclusion of LGBTIQ People in Humanitarian Action, the authors intentionally sought out positive stories of inclusion and collaboration between LGBTQ+ organizations and humanitarian agencies with the hope of inspiring change in a sector that has long struggled to meet the needs of queer people sufficiently.
Unfortunately, the case studies documented in the report are not typical. Far too often, pre-existing stigma and discrimination leave many LGBTQ+ people left out and left behind when a crisis hits. Other factors that hinder adequate support include a lack of understanding among mainstream humanitarian agencies, hostile sociocultural, political, and legal contexts, and an unwieldy humanitarian bureaucracy.
The Outright-Edge Effect report, however, does not dwell extensively on the well-documented shortcomings of the humanitarian system. Instead, the report sourced interviews with humanitarian workers and activists and utilized case studies from Colombia, Lebanon, Myanmar, Nepal, and Ukraine. The report seeks to illuminate examples of humanitarian actors and LGBTQ+ community organizations working toward equitable partnerships to ensure timely humanitarian assistance with dignity and respect.
In one example, Mercy Corps created a remunerated partnership with Caribe Afirmativo in Colombia to reach LGBTQ+ migrants. Through this collaboration, each organization’s capacity was strengthened through open, safe sharing of expertise, resulting in more effective programming. Other examples include jointly developing LGBTQ-sensitive toolkits and guidelines to enact non-discrimination, duty-of-care, and other policies at all response levels.
Across all examples is this simple fact: partnerships between LGBTQ+ organizations and humanitarian actors work best when the voices of local LGBTQ+ people are centered in programmatic decision-making.
LightField Studios via Shutterstock
Among other findings, the research clarifies that strengthening inclusion cannot rely exclusively on the goodwill of internal allies within the humanitarian system. Inclusion must be institutionalized, resourced, and integrated into action plans and response strategies. In addition, inclusion must be part of larger cross-sector efforts to improve localization and decolonize aid. Humanitarian organizations are well-placed to build bridges between local LGBTQ+ organizations and humanitarian coordination structures that lead needs assessments and determine response strategies.
The report’s findings also highlight some pitfalls. For example, while LGBTQ+ actors should be at the forefront of initiatives that aim to meet their needs, an overreliance on these organizations without adequate support or acknowledgment of challenges at the local level can result in fatigue and frustration. Humanitarian organizations must learn to work collaboratively with LGBTQ+ communities to harmonize their strengths, safety needs, and capacities.
Finally, it is crucial to recognize the diversity within LGBTQ+ populations and find a balance between targeted programming and sensitizing mainstream programming to meet LGBTQ+ needs. The LGBTQ+ umbrella captures various identities and experiences that may inhibit or enhance visibility, access to services, and trust in institutions. The intersecting components of individuals’ identities will inform their needs, preferences, and capabilities.
The report is being published at a time when humanitarian crises are taking place globally, from Gaza to Sudan to Afghanistan. Outright and Edge Effect are well aware of addressing the humanitarian needs of LGBTQ+ people in conflict, post-conflict, and other disaster areas. This requires inclusive responses and a commitment from governments and non-governmental organizations to prevent conflict and crises.
A sincere commitment to humanitarian principles compels action toward improving outcomes for all people, including LGBTQ+ populations. It’s time to dismantle the barriers that have prevented their full inclusion in humanitarian action.
Outright International works with partners around the globe to strengthen the capacity of the LGBTIQ+ human rights movement, document and amplify human rights violations against LGBTIQ people, and advocate for inclusion and equality.
Edge Effect strives to ensure that the rights, needs, and strengths of people with diverse sexual orientations, gender identities and expressions, and sex characteristics are addressed within the humanitarian and development sectors.
Voices is dedicated to featuring a wide range of inspiring personal stories and impactful opinions from the LGBTQ+ and Allied community. Visit Advocate.com/submit to learn more about submission guidelines. We welcome your thoughts and feedback on any of our stories. Email us at voices@equalpride.com. Views expressed in Voices stories are those of the guest writers, columnists and editors, and do not directly represent the views of The Advocate or our parent company, equalpride.
A gay man from Britain who was jailed in Qatar after being entrapped by the police has finally been permitted to leave by Qatari authorities and has returned to the United Kingdom after months of imprisonment in inhumane conditions.
Manuel Guerrero Aviña, a gay man who has British/Mexican citizenship, was arrested in February 2024 in Qatar, where homosexuality is illegal. Aviña was a former employee of Qatar Air Lines. He was convicted of drug possession in a so-called “honey trap.”
Aviña said he responded to fake messages on Grindr that were actually sent by the police.
He was lured to a location in Doha, where the profile he was messaging with said would meet other gay men, he says. In Doha, the police were waiting to arrest him. The police say they found methamphetamine in his apartment during the arrest, which Aviña says they planted there.
He was jailed on February 4, and was given a suspended six-month prison term and a fine at Al Sadd Criminal Court in the capital city of Doha in June.
While jailed, Aviña was deprived of antiretroviral medication that he needs as an HIV-positive man. He was also forced to sign documents pertaining to his imprisonment that were written in Arabic, which he does not speak, without a translator. He said that he was forced to identify which contacts in his phone were his sexual partners, and subjected to “psychological torture.”
Aviña’s family and LGBTQ+ rights advocates around the world launched a campaign for him to return home, which was finally successful this week.
The X account @QatarFreeManuel announced yesterday, “At this moment Manuel flies free and dignified towards London! We are grateful for the unwavering support in this fight for justice. There is no doubt that ‘solidarity is the tenderness of peoples.’”
A statement posted on the accounts reads, “Manuel and his family thank you for your tireless support in this emblematic struggle against injustice, against homophobia and in favor of human rights for all people. But, as the saying goes, the struggle goes on, it is not over, and it will not end until there is justice for all people. Manuel’s case, and all the cases we have defended, teach us that only organisation, solidarity and courage can change this world and its injustices.”
Aviña himself spoke about his release, saying, “Although I welcome the fact that I can leave the country, I still condemn the unfair trial I have been subjected to and the torture and ill-treatment I endured during my preliminary detention.”
“I urge the UK and Mexican governments to raise concerns with the relevant Qatari authorities about the unfair trial and the violations of due process,” he added.
Michelle Carranza, 22, did not want to be another trans woman murdered in her native Honduras.
“They don’t accept us there. They kill us, they discriminate us, they rape us,” Carranza said, speaking to NBC News and MSNBC against the backdrop of the Statue of Liberty.
A year and a half ago, she fled Honduras with Gretta Mazariegos, 29, and Gretta’s younger brother, Isaac, 20, two friends who are also part of the LGBTQ+ community.
Michelle Carranza.Andres Gonzalez / NBC News
“To live in Honduras and be part of the LGBT community is all about survival,” Gretta Mazariegos said. “We were persecuted multiple times because we are part of the LGBTQ community.”
“We had to leave our country because of discrimination, beatings,” Isaac Mazariegos said.
Carranza said they were first harassed by members of street gangs known as Maras, after they refused to work for them. One time, the Maras broke into her apartment, destroyed her furniture and left her threatening messages with homophobic language, she said.
They say they were almost killed in a park in Honduras when they were chased by men with machetes who were yelling homophobic slurs.
“That’s when I told Gretta, ‘The best thing is for me to leave Honduras because I feel that here I will eventually be killed,’” Carranza said.
Facing deadly risks — and undertaking a dangerous journey
Gretta Mazariegos left Honduras to save themselves and their brother. When Isaac was 14 years old, their parents kicked them out of their house because they are LGBTQ+.
“I had to become a very resilient person for my brother,” Gretta Mazariegos said. “I could bear the yelling, the beatings, the tortures, but when I saw that my brother was also experiencing that, my role went from being his brother to being his father or mother.”
On Feb. 7, 2023, they left for Guatemala, eventually making their way to Chiapas, Mexico, and later to Tijuana, near the U.S. border.
“When leaving my country, I never imagined the number of dangers that I was going to face,” Carranza said as she dried her tears.
In Tijuana, a meeting with a man who had befriended Carranza turned violent.
“He said, ‘You’re going to die today. You’re not going to see the sunlight again. You will be dead in this hotel today,’” Carranza said. “And he then grabbed me by the hair and threw me on the bed … He almost killed me. That man raped me,” Carranza said.
Some time later, health officials arrived to administer HIV tests where Carranza was staying at the Garden of Butterflies shelter.
“I got tested regularly, but the man who raped me, he raped me without protection,” Carranza said. “I go outside with the nurse, and he said, ‘Your test came back positive.’” Later a doctor confirmed Carranza had contracted HIV.
These three friends survived, but many in the LGBTQ+ community do not.
The Organization of American States reports that the average life expectancy of trans women in Latin America is no more than 35 years of age.
In Mexico, activists have recorded at least 231 murders of LGBTQ+ people in the last three years.
Around the world, at least 67 countries have national laws criminalizing same-sex relations between consenting adults, and, in 12 countries, consensual and private same-sex sexual acts may even carry the death penalty, according toHuman Rights Watch.
In Tijuana, the three migrants waited for seven months for an appointment through the U.S. Customs and Border Protection’s CBP One app, which is used to schedule migrants and asylum-seekers to present themselves at a U.S. port of entry.
Their appointment was on June 8, 2024, just four days after President Joe Bidenannounced new border restrictions.
They entered the border legally in Calexico, California, where border officials documented their entry and released them with a preliminary court date for October 2024.
Hoping to request asylum, despite the hurdles
Carranza and her friends want to request asylum but cannot afford a lawyer, so they are now looking for free legal services. For now, they are trying to collect all the evidence they have of the abuse they faced.
Under U.S. law, persecution due to sexual orientation, gender identity or HIV status are grounds for asylum, explained Bridget Crawford, director of law and policy at Immigration Equality, which represents LGBTQ+ migrants and asylum-seekers. The organization is currently reviewing their cases.
“An asylum-seeker must prove that they have a well-founded fear of persecution on account of a ‘protected ground.’ The protected grounds are your race, religion, nationality, political opinion, or membership in a particular social group. LGBTQ status is widely recognized as meeting the definition of ‘particular social group,’” Crawford said.
“Typical evidence that might help an LGBTQ refugee prove their claim are things like police and medical reports detailing attacks or injuries, letters or declarations from partners or others who can credibly attest to the applicant’s LGBTQ status and the facts of their claim, membership in LGBTQ organizations, pictures and dating profiles, a psychologist’s evaluation, articles and reports about conditions for LGBTQ people in a person’s home country,” Crawford said.
Crawford said it is common for LGBTQ asylum-seekers to face barriers when collecting evidence and documentation, such as police reports and medical records.
“This might be because they couldn’t go to the police. It might be because police officers perpetrated the abuse. It might be that they had to flee so quickly, they couldn’t gather that type of evidence,” Crawford said.
Carranza said that after they were chased by men with machetes in Honduras, they went to the police.
“The police told us that if we didn’t have evidence, like video, photos or someone who could testify as a witness, then our word wasn’t worthy,” Carranza said. “In Honduras, the police and the narcotrafficking are all in collusion.”
The only official document they have is a complaint that a lawyer helped them file with the municipality of Villanueva in Honduras. They say they may have other conversations, images and videos saved on their phones that could help them prove their case.
Crawford said that Carranza and her friends would probably have to explain in their case that they were unable to get police reports because they were dismissed by the officers. “They would have to get affidavits from witnesses, ideally who would also be available to testify, corroborating what happened,” Crawford said.
“In theory, detailed, consistent and credible testimony alone is sufficient to prove a claim provided an applicant can explain to the judge why corroborating documentary evidence was unavailable, but this is often very hard to do, especially if an applicant is not represented by an attorney and trying to navigate the complicated immigration process in a language they don’t understand,” Crawford said.
Michelle, Gretta and Isaac now live in Trenton, New Jersey, with friends. They have new hope now that they are safe in the U.S. as they await their first court date.
Crawford said generally the first court appearance is a short hearing before a judge, in which the asylum-seeker tells the judge if they intend to apply for any relief, such as asylum. “This is not where an asylum-seeker will present evidence on their asylum case. That happens later at what is called an ‘individual hearing,’” Crawford said.
Gretta Mazariegos said there are “so many things I want to do,” so many plans. “I want to continue my studies — I want to collaborate with this country by working.”
Isaac Mazariegos said, “I feel protected to be here, because in my country I couldn’t be myself because of so much discrimination.”
As for Carranza, “we now feel liberated,” she said. “We are happy and emotional about being in this country.”
The Supreme Court of Nepal has ruled that Rukshana Kapali, a transgender woman, should be legally recognized on all documents as a woman without having to submit to medical verification. The judgment is the latest in the court’s history of progressive rulings on sexual orientation and gender identity, which has earned Nepal a positive global reputation on LGBT rights.
Following a 2007 supreme court order, authorities have been issuing some documents listing gender as “other” or “third gender” for more than a decade on the basis of the person’s self-identification. Despite the court order, the lack of a clear central policy has created problems. Trans people in Nepal today who want to change their gender markers to “female” or “male” are typically forced to undergo surgery, which requires traveling outside the country, and then in-country medical assessments, including invasive examinations of post-operative genitals. Even people who are attempting to obtain documents marked “other” are subjected to this humiliating and unnecessary medical scrutiny.
The Yogyakarta Principles – drafted and signed in 2006 by a group of experts, including a former Nepal parliament member and LGBT rights advocate Sunil Babu Pant – state that each person’s self-defined sexual orientation and gender identity is “integral to their personality” and is a basic aspect of identity, personal autonomy, dignity, and freedom. The principles are clear that gender recognition may involve, “if freely chosen, modification of bodily appearance or function by medical, surgical or other means.” These principles were the basis of the Supreme Court of Nepal’s 2007 order and are cited in Kapali’s new court victory as well.
Kapali, a trans woman law student, has sued the government of Nepal over 50 times since 2021 – pushing for rights-based legal recognition of gender identity. And while this recent judgment sets a precedent for trans rights, the order only applies to Kapali, meaning others will have to petition courts to be legally recognized according to their gender identity.
A better solution is a central policy. The government can and should make the system work for everyone by issuing a directive that allows people to self-identify their gender on official documents, without medical or other verification.
