Transgender Rights For Asylum in America

The Heart of the Issue

Trans migrant refugees have been systematically targeted and discriminated against in Central and Latin America through acts of violence, war, discrimination, rape, kidnapping, trafficking, torture, assault, and death. Transgender refugees and asylum seekers are often visible in their gender nonconformity and therefore vulnerable through the migratory process. For many Latin trans migrant refugees, asylum in the United States is extremely important as it is a means for survival and a way to stay alive.

The challenges that this population faces are unique thus requiring targeted resources:

treatment, both medical and psychological
food
clothing
transportation
housing
Many are left to fend for themselves in the streets of Juarez, Mexico and El Paso, Texas.

Statistics:

There are 1.3 million LGBTQIA+ adult immigrants in the United States
Out of those 1.3 million, 289,700 are undocumented
For the fiscal years of 2019-2022, 16,307 asylum applications disappeared from the Executive Office for Immigration Review (EOIR) database
98.4% of credible/reasonable fear interviews involving LGBTQIA+ claims resulted in positive determinations of fear
Transgender individuals face unique obstacles in obtaining identification documents that reflect their gender

While at the border:

The inclusion of sex/gender in passports greatly impacts transgender and nonbinary travelers and migrants when they cross international borders
Transgender and gender-diverse populations regularly experience harassment and disenfranchisement while traveling internationally
LGBTQIA+ migrant refugees must undergo a special intake process and waiting period that allows them to be waived from Article 42 to cross the border and enter the United States. This intake process may take anywhere from a few months to a few years.
Upon reaching the border, asylum seekers do not have resources such as cash in hand, food, extra clothing, shelter, or medicine - basic necessities. It takes at least one year or more to attain a work permit. Within that time frame, there are very few legal opportunities that the population has within conservative environments such as the border towns of Texas or New Mexico.
While in transit and awaiting asylum, they face difficulties navigating transit zones where there is a daily high risk of discrimination, harassment, and violence
Migrants report difficulty in accessing the little resources there is while seeking different forms of care
Restrictions and border closures due to the COVID-19 pandemic have exacerbated preexisting vulnerabilities and put LGBTQI+ asylum seekers at great risk of violence and harassment.

Where we come in:

To provide guidance, resources, and advocate for change for trans migrant refugees who are crossing the US- Mexican border
To build awareness and support by reaching out to people around the borders, community board members, council members, state senators, coalition leaders, judges of the supreme court, border patrol and the Biden Administration
To keep them safe and free and to create an impact in protecting and advancing their rights