Mistreatment Of LGBTQ+ and HIV-Positive People in U.S. Federal Immigration Jails
Asylum is a critical necessity for LGBTQ+ and HIV-positive (LGBTQ/H) people who are escaping persecution and torture in their countries of origin. Despite this, hundreds of thousands of asylum seekers, including those from LGBTQ/H communities, are detained annually in U.S. immigration detention centers operated by the U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). These detention centers are notorious for their inhumane treatment of detainees. LGBTQ/H people face particularly severe abuse including high incidences of physical and sexual violence, prolonged solitary confinement, and inadequate medical care, among other systemic abuses
In 2023, Immigration Equality, the National Immigrant Justice Center, and Human Rights First surveyed 41 LGBTQ and HIV-positive immigrants who were detained by CBP and ICE.
This survey revealed:
Approximately 1/3 of survey participants reported physical or sexual abuse in immigration detention due to their LGBTQ identity.
Nearly all participants reported being targets of homophobic, transphobic, xenophobic, racist, or other abuse in ICE and CBP jails that included threats of violence and assault.
Most participants reported receiving inadequate medical care or asking for medical care and not receiving it while in ICE or CBP detention.
Most participants reported new or increased mental health symptoms while in detention, including hives, panic attacks, mental health crises, flashbacks, and self-harm.
Approximately half of the participants were subjected to solitary confinement.
Approximately half of the participants reported having their sexual orientation, gender identity, HIV status or other confidential information disclosed in custody without consent.
More than a quarter of survey participants reported that ICE or CBP separated them from their loved ones, whether a partner, spouse, or sibling.
Survey participants routinely struggled to access their attorneys or find one, while in ICE or CBP detention.
The majority of survey participants living with HIV reported medical neglect or denial of medical HIV treatment.
The executive branch and Congress have the power to end this unnecessary suffering and protect the rights of LGBTQ/H individuals. Actions they can take include applying parole authority, issuing guidance on protecting vulnerable populations, and supporting legislative action to end immigration detention entirely.
It is a crime and/or extremely unsafe to be LGBTQ+ or HIV-positive in more than 80 countries. One in five of our new clients in 2023 is living with HIV. As a trusted organization within the community, Oasis has become a leading authority in immigration law affecting LGBTQ/H individuals. With this knowledge and responsibility, we remain committed to advocating for laws and policies to improve the lives of LGBTQ+ and immigration communities broadly in the U.S.
Published June 18, 2024