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 to Human Rights Watch.
Hoping to request asylum, despite the hurdles
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.
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.
Carlos Samaniego: “We are not a caricature, we are human beings.”
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