Defending the Rights of Lesbian, Gay, Bisexual, Transgender, and HIV-Positive Immigrants

 

The National Immigrant Justice Center's National Asylum Partnership on Sexual Minorities (NAPSM) works to secure protections for lesbian, gay, bisexual, transgender (LGBT) and HIV-positive individuals who are victims of persecution in their home countries because of their sexual orientation or gender identity. Experienced immigration legal staff represent individual clients and provide trainings, technical assistance and support materials for attorneys and social service providers who serve LGBT and HIV-positive asylum seekers. NAPSM also responds to inquiries from jails throughout the country where immigrants are detained and seeking legal assistance

 

Within the community of asylum seekers, some of the most vulnerable individuals are those who have experienced persecution in their home countries based on their sexual orientation, gender identity, or HIV status. LGBT asylum seekers face additional burdens to accessing legal services in their immigration proceedings. Often, their sexual orientation or gender identity isolates them from immigrant and refugee communities. They are often unaware that, under U.S. law, they may be eligible for certain protections as a result of the persecution they experienced in their homeland. LGBT foreign nationals may not connect to the broader stream of LGBT rights and resources in the United States due to cultural or language differences.

 

LGBT asylum seekers are in need of quality, accessible legal services to avail themselves of rights and protections under U.S. law. By equipping staff, pro bono attorneys and advocates with awareness of the pressing needs of LGBT and HIV-positive immigrants, particularly those who are detained, NAPSM works to ensure the protection of all LGBT and HIV-positive immigrants' rights.

 

For Immigrants and Attorneys:

 

The Asylum Documentation Project collects and disseminates evidence via Asylumlaw.org to support cases of refugees seeking protection from human rights violations based on their sexual orientation, gender identity, or HIV status.

 

Know Your Rights Manual for Detained LGBT Asylum Seekers An introduction to the U.S. detention system and asylum process for immigrants who are lesbian, gay, bisexual, transgender, or HIV-positive and who are applying for asylum on the basis of their sexual orientation, gender identity, or HIV status. Also available in Arabic, French, Spanish, and Urdu.  (PDF File)

 

NIJC Manual for Attorneys on Representing LGBT and HIV-Positive Asylum Seekers Government guidelines, forms, and other supplemental materials for pro bono attorneys representing immigrants who are seeking asylum from persecution related to their sexual orientation, gender identity, or HIV status. (PDF File)

 

Policy and Courts:

 

Uniting American Families Act: End Discrimination Against LGBT Families in Immigration Law

 

Seventh Circuit Recognizes Obstacles Gay Asylum Seekers Face During Airport Interviews