Joint Statement for the U.S. Senate Homeland Security Committee Hearing on “Remain in Mexico”
In January 2019, the Department of Homeland Security issued the Migrant Protection Protocols, also known as “Remain in Mexico.” The policy required asylum seekers, including LGBTQ people fleeing persecution, to wait in Mexico until their hearing date, subjecting them to life-threatening conditions, including sexual and physical assault, torture, kidnapping, death threats, and murder.
Remain in Mexico was a disaster for queer and trans refugees, because for LGBTQ people, asylum is a critical lifeline. LGBTQ/H people are persecuted around the globe for being who they are. Fortunately, LGBTQ/H-based asylum claims fit squarely within our domestic asylum framework. Indeed, LGBTQ asylum seekers in Immigration Equality and Oasis’ representation programs have exceptionally strong claims and win their cases approximately ninety-nine percent of the time. But policies like Remain in Mexico trap traumatized queer and trans asylum seekers in Mexico, even as they seek safe haven, subjecting them to further anti-LGBTQ violence and persecution. The Mexico country conditions and experiences of Immigration Equality and Oasis clients described below illustrate the widespread and brutal nature of such violence. Any U.S. policy that forces LGBTQ/H asylum seekers to wait in Mexico for weeks or months is a policy that will have horribly abusive and sometimes mortal consequences for those individuals. The Remain in Mexico policy should never be implemented again.
Collectively, Oasis Legal Services and Immigration Equality have represented hundreds of Mexican asylum seekers who were granted asylum in the U.S. due to the severe persecution they feared or suffered on account of their gender identity, sexual orientation, and/or HIV positive status. Namely, Oasis has represented 431 clients from Mexico in the past 7 years who have been granted asylum by USCIS or EOIR with a 100% rate of success. Immigration Equality has represented over 140 LGBTQ/H Mexican asylum seekers over the past decade and has also maintained a near 100% success rate for adjudicated cases.
Not only are “Remain in Mexico”, and other similar policies, illegal, but they are an affront to fundamental American values. The U.S. has long championed the human rights and dignity of refugees and asylum seekers. We should continue to embrace this leadership role and should not play political games with the lives of the most vulnerable. We urge the Committee to reject resurrecting failed and brutally cruel programs like Remain in Mexico. Instead, we encourage the Committee to embrace sensible and humane immigration policies that actually work. We all benefit when we have an orderly, fair, and efficient system that respects the human rights of all, including the brave and resilient LGBTQ/H asylum seekers we serve.
Published January 16, 2025