Why the Refugee Protection Act of 2010 Is Good for LGBT Asylum Seekers

Many of us have seen the stories of queer immigrants here in the U.S., trying to apply for asylum because of the threat of anti-gay violence they may face in their home countries. Cases like Augusto Pereira de Souza, a 27-year-old Brazilian immigrant who won an asylum case in February. Augusto told a judge that when he was living in Brazil, he regularly faced beatings, attacks, and threats on his life, solely because of his sexual orientation.

"At times I was attacked by skinheads and brutally beaten by cops. After the cops attack you and threaten your life for being gay, you learn quickly that there is no one that will protect you," Augusto said. "For me, coming to the U.S. was a life or death decision.”

The same goes for Mr. A, represented in an LGBT asylum case by White & Case. In April of last year, Mr. A won asylum in the U.S. after he successfully made the case that in his home country, Syria, he could have faced state-sponsored persecution and violence because of his sexual orientation. Simply being gay in Syria could grant you a three year prison sentence.

These two cases may have provided some good news. But not all immigrants seeking asylum on the basis of sexual orientation are so lucky.

That's one reason why Immigration Equality, the Heartland Alliance, the International Rescue Committee, Amnesty International and others have gotten behind a new bill in Congress, introduced this week by U.S. Senator Patrick Leahy, called the Refugee Protection Act of 2010. The bill isn't LGBT specific, but it will dramatically help those folks seeking asylum on the basis of their sexual orientation. This is a bill we want the U.S Senate to pass, and we can do it with your help.

In endorsing the Refugee Protection Act of 2010, Immigration Equality noted that this piece of legislation would reform the asylum process in ways that would give LGBT asylum seekers much more flexibility than they currently get within current U.S. immigration law. Immigration Equality specifically notes that Sen. Leahy's bill would get rid of a provision that requires asylum seekers to file their claim within one year of arrival in the U.S. -- something that isn't entirely possible in a number of cases.

"We have always believed that LGBT asylum seekers are disproportionately affected by the one year filing deadline for asylum applications, because so many of them simply don’t know that the persecution they faced as sexual minorities could be grounds for asylum here,” said Rachel B. Tiven, Immigration Equality's Executive Director. “Eliminating this unfair deadline will help many LGBT and HIV-positive victims of persecution obtain safe haven in the United States.”

The Refugee Protection Act of 2010 also allows LGBT asylum seekers to pursue their asylum claim, even if they can't prove that the persecution they faced back in their home country was "socially visible." This is particularly important; persecution on the basis of real or perceived sexual orientation, as well as HIV-status, shouldn't have to be socially visible in order to be counted in a U.S. immigration court.

In short, the bill is good news for LGBT rights, and good news for human rights. Yes, debate over immigration policy is heated and sticky and complicated -- but passing the Refugee Protection Act of 2010 should be a no-brainer. Urge your U.S. Senators to get behind this bill today.

Photo credit: corazón girl