U.S. Third-Country Deportations Leave LGBTQ Asylum Seekers in Danger

The United States has used “third-country” agreements to remove migrants who lack a legal right to remain. Legal experts say at least 35 such agreements cover countries in Africa, Latin America and elsewhere. Under a Biden-era border rule that limited asylum eligibility for migrants entering outside official ports, many LGBTQ claimants were denied asylum and placed in detention. The policy has since been struck down, but the practice of sending migrants to third nations continues. Third Country Deportation Watch estimates thousands of deportations this year, with nearly half of the destination nations being African states where homosexuality is criminalized or socially condemned.

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Aylin, a 28-year-old gay woman from Turkey, fled after a religious group and a family member threatened her life. After receiving withholding of removal in a U.S. immigration court, she was denied asylum under the restrictive policy and spent 18 months in detention. In July, she was handcuffed, shackled and flown to Bangui, the capital of the Central African Republic (CAR), a country she had never heard of. She lived for weeks in a cramped apartment amid widespread anti-LGBTQ hostility. Fearing for her safety, she ultimately returned to Turkey, telling CNN she remains “very scared” and hopes conditions improve.

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A federal appeals court this month upheld a February ruling that aspects of the third-country policy were unlawful, and the case is expected to reach the Supreme Court.

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Bridget Crawford of Immigration Equality argues the policy is morally and legally untenable, noting the severe risk to LGBTQ migrants sent to hostile environments. Human-rights groups warn that many destination countries criminalize same-sex relations and subject queer people to violence and detention.

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• “It’s terrible for any refugee to be put in that situation, being deported to a country where they have no connections, where they have no support system, where in so many cases, people are being arbitrarily detained where they don’t have a true opportunity for permanent status,” — Crawford

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• “It’s an abdication of both our legal and our moral obligations. Under domestic law, and under international law,” — Crawford

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