Barotz, ‘”All Lesbians go to Pride”‘, 2024

Caitlin Barotz, ‘”All Lesbians go to Pride”: Barriers and Biases in Seeking Asylum as a Queer Person Fleeing Persecution’, Brown Univ. Journal of Philosophy, Politics & Economics, vol. VI, no. 1 (2024), 35-50

Abstract

This paper delves into the complex issue of asylum-seeking by queer individuals escaping persecution. The paper begins by providing a historical context, tracing the evolution of asylum law, particularly focusing on the United States’ recognition of sexual orientation as a valid ground for asylum. The landmark cases of Matter of Toboso-Alfonso and Pitcherskaia v. INS are explored, emphasizing the legal strides made in acknowledging the persecution faced by LGBTQ+ individuals. The core of the paper addresses the unique challenges faced by queer refugees and asylum seekers, highlighting the pervasive discrimination, oppression, and violence that LGBTQ+ individuals often experience even before fleeing their home countries. These challenges are exacerbated by logistical, financial, institutional, and psychological barriers that queer refugees encounter during their journey to safety and in the United States. The paper concludes with a comprehensive discussion of potential improvements to the asylum process for queer refugees. These include the need for better training for immigration officials to reduce bias, increasing diversity among immigration judges to provide a broader perspective, and employing specialized clinicians at the border to support queer refugees’ mental health and establish trust. The ultimate aim is to create a more inclusive and equitable asylum system that recognizes and validates the unique experiences of LGBTQ+ individuals. This paper calls for systemic changes to ensure that seeking asylum is a more accessible and just process for those fleeing persecution based on their sexual orientation and gender identity.