Many IJs, no matter which camp they fall into, nor whether they fall somewhere in between, can find themselves asking questions that are inappropriate, intrusive, and reliant on Western stereotypes in order to determine whether the refugee seated in front of them is actually gay. These IJs act as barriers, instead of mediators, between refugees and the relief that they seek. Other IJs can be critical, disbelieving, and uninformed about LGB issues. They try to do everything they can to ascertain the truth of the refugees’ claims and grant relief where possible. Many IJs are understanding and empathetic of the struggles of LGB refugees. These refugees must plead their case in front of an immigration judge (“IJ”). Some refugees who claim asylum because of their sexual orientation find themselves at risk for being deported. Often once they arrive, however, their battle continues. Consistent with its international obligation, the United States welcomes many of these refugees each year.
While circumstances are not perfect for the LGB community in the United States, many LGB persons are able to find a safe haven in the United States where they are less likely, at least ideally, to be subjected to violence than in their home countries. It is an unfortunate reality that many members of the lesbian, gay, and bisexual (“LGB”) 1 community all around the world still face discrimination, and even violent persecution, for their sexual orientation.
