Queer Ingress: Constructing LGBTQI and HIV Asylum Claims in the United States Immigration System

Abstract

Asylum claims grounded in one’s sexual orientation and gender identity are often deemed more difficult to present in legal hearings than the other grounds for seeking asylum. This study analyzes appellate court transcripts and data collected through interviews with 1) asylees who have been granted sanctuary for their sexual minority status and 2) the legal advocates who assist people in doing so. It offers insight into the variability and uncertainty that permeate the proceedings of this specific type of immigration application, highlighting the large disparities that exist in grant rates and identifying their potential links to immigrant or queer aversion in case adjudicators. It explores the employment of Western understandings of LGBTQI identities for applicants who often do not fit into these finite categories, paying particular attention to the debilitating and restrictive living circumstances that they face while trying to conform to these standards.