BEST Supporting LGBT Asylum PRACTICE Seekers in the United States GUIDE STRONGER TOGETHER Produced in Partnership with The National LGBTQ Task Force and The Human Rights Campaign Acknowledgements Stronger Together was drafted and designed by a team Two committees provided essential input and information of four authors who gathered input from a wide range of for Stronger Together. colleagues: The Research and Publication Committee included two • Siobhan McGuirk is a PhD candidate and instructor in the representatives (one a service provider and at least one Anthropology Department at American University. She who had received services) from groups that provide a has worked with asylum seekers since 2008 in the U.S. and comprehensive array of help to LGBT asylum seekers. This in the U.K. as a researcher and advocate. She also works as committee met several times by conference call, reviewed a filmmaker and journalist and is a LGBT-FAN co-founder. and revised the report’s table of contents, provided In this publication, she focused on research, survey design, information and materials drawn from their own work and author and reviewer recruitment, writing and publication experiences, and reviewed and suggested revisions to drafts. design. Members included: • Max Niedzwiecki, PhD, one of LGBT-FAN’s co-founders, is the Principal of Daylight Consulting Group and focuses • John A. Adewoye: Center for Integration and Courageous on writing, fundraising, advocacy, and related work for Living and Chicago LGBTQI Asylum Support Partners nonprofit organizations and foundations. He focused (CLASP) mostly on framing and planning the project, gaining • Dennis Akpona: Chicago LGBTQI Asylum Support support for it, writing, and revising in light of reviewers’ Partners (CLASP) and Center for Integration and comments. Courageous Living • Temitope Oke is an asylee from Nigeria who previously • The Rev. Ruth H. Bersin: Refugee Immigration Ministry worked in LGBT health promotion in his home country. Greyson C. Brooks: Better Together NYC He is currently studying for his BA at the University of • the District of Columbia, and continues to advocate for • Gabriel Rivas: Better Together NYC LGBT and asylum seekers’ rights. He focused on gathering • Thomas “TJ” Rogers: Freedom House Detroit together advisors and collecting their input for this publication, and contributed to writing. • Eric Scharf: Center Global, a program of The DC Center for the LGBT Community • Anastasia Volkova has a master’s degree in economics and worked in marketing in her home country, Russia, • Henry Simple: Freedom House Detroit until 2013. Now an asylee in the U.S., Anastasia worked • Oleg Tomilin: Center Global, a program of The DC Center twelve-hour days in the service industry during the for the LGBT Community eighteen months it took for her asylum application to be processed. For this publication, she contributed to content • Abdallah “Long Jones” Wambere: Refugee Immigration based on her experience as an asylum seeker, and her Ministry work focused on layout and design. Suggested citation: McGuirk, Siobhan, Max Niedzwiecki, Temitope Oke and Anastasia Volkova. 2015. Stronger Together, A Guide to Supporting LGBT Asylum Seekers. Washington, DC: LGBT Freedom and Asylum Network. Published October, 2015 Acknowledgements (continued) Stronger Together’s Peer Review Committee included The Peer Review Committee included representatives of the lawyers, researchers, health care providers, advocates, and organizations that partnered with LGBT-FAN in producing others knowledgeable about the subjects addressed in this and releasing this guide: The National LGBTQ Task Force guide. They provided information throughout the drafting and the Human Rights Campaign, the nation’s two largest process, and reviewed and commented on drafts. LGBT-specific advocacy organizations. Members included: The fact that they committed financial and human resources to this project is a hopeful sign that LGBT asylum seekers will Edward Alessi: Rutgers University School of Social Work • be recognized and embraced by more organizations and • Matthew Corso: Center Global, a program of The DC decision-makers in the near future. Center for the LGBT Community Surveys conducted by LGBT-FAN for this study elicited • Mary Georgevich: National Immigrant Justice Center information from LGBT asylum seekers and asylees in the LGBT Immigrant Rights Initiative, a Heartland Alliance U.S., and existing organizations that provide services to Program them. Seventy-three individuals completed the survey for • Sharita Gruberg: Center for American Progress asylum seekers/asylees, and representatives from 18 groups completed the survey for organizations. • Amanda Hackett: The Law Office of Amanda J. Hackett, LLC Additional thanks are due to Marzena Zukowska and Kristina Lapinski for photography; Nikilas Mawanda • Lianne Hope: Boston University School of Social Work and and Ana D for modeling; Human Rights First for images; Boston University School of Public Health Rochelle Fortier Nwadibia and Lisa Weinberg for legal • Lindsay Jenkins: United Nations High Commissioner expertise and Catherine McGuirk for copy editing. for Refugees (UNHCR) Regional Office for the USA and Stronger Together would not exist without the Caribbean contributions of all those recognized above and many • Bruce Knotts: United Nations Office, Unitarian Universalist more. To all of you—named or unnamed here—the authors Association express their heartfelt thanks. • Jordan Long: HRC Global, Human Rights Campaign • Carol Palecki: LGBT Refugee Program, Jewish Family and Children’s Services of the East Bay • The Rev. Lois McCullen Parr: Chicago LGBTQI Asylum Support Partners (CLASP) and Reconciling Ministries Network • Marco Quiroga: Immigration Equality • Barbara Satin: The National LGBTQ Task Force • Christia Schmidt: International/Immigration Working Group, Philadelphia Trans Health Conference • Brie Scolaro: United Nations Office, Unitarian Universalist Association The LGBT Freedom & Asylum Network (LGBT-FAN) is a national coalition dedicated to helping people who are seeking safety in the United States because of persecution based on sexual orientation or gender identity in their home countries. LGBT-FAN members include asylum-seekers and people who have already gained asylum, LGBT rights activists, faith leaders, LGBT community center staff, policy experts, scholars, and refugee resettlement workers. Contents Foreword 04 Introduction to the Field 06 Terminology 07 Right to U.S. Government-Supported Help 09 Affirmative vs. Defensive Asylum Claims, and Immigrant Detention 10 Choosing the Path to Asylum 11 LGBT Asylum Seekers: A Diverse Population Program Essentials 14 Emphasize Partnership 16 Adopt a Client-Centered Approach 16 Track Client Progress and Document Outcomes 17 Provide Feedback Mechanisms 18 Provide Empowerment and Leadership Development Opportunities 19 Orient Clients to Life in the United States 20 Build Community 20 Train Staff and Volunteers Types of Services 21 Provide Information about the Asylum Process 21 Legal Services 22 Psychological Counseling 22 Health and Wellness 23 Education 23 Employment 24 Housing 26 Detention Visitation 26 Financial Support 27 Community Education and Advocacy Working with Clients 28 When Meeting a Potential Client Throughout the Asylum 28 When Starting to Work with a Client Process 29 Preparing for Work Authorization and Asylum Status 29 After Work Authorization 30 After Asylum is Granted Ethical Considerations 31 The Importance of Confidentiality 33 Challenges of “Storytelling” 35 Key Ethical Considerations Institutional Models 36 Faith Based and Secular Organizations 36 Forms of Independence and Levels of Bureaucracy Fundraising 38 Donations from Individuals 39 Donations from Other Organizations 39 Donations from Foundations and Other Grantmakers Appendices 40 Directory 51 Endnotes 59 Bibliography 62 Foreword Every year, untold thousands flee from persecution that Individuals, organizations and networks which offer support is directed at people because of their actual or perceived to non-LGBT asylum seekers may simply be closed off to sexual orientation or gender identity (SOGI)—because they people who openly and publicly identify as LGBT. In order are, or they are thought to be, lesbian, gay, bisexual, or to access support, LGBT asylum seekers may feel unable to transgender (LGBT), or because they support someone who disclose their identity. Legal help with filing asylum applica- is LGBT. Many seek safety in the United States, and face the tions is more widely available than social and living support, daunting task of building new lives in an environment that is although the needs far exceed the help available and pro alien and often hostile. Like asylum seekers in general, most bono and “low bono” (free and low cost) services are severely cannot access any form of government support and may be overstretched. This state of affairs is perpetuated by laws subject to immigration detention (a softer word for “prison”). prohibiting the U.S. government from funding services for Those who know or come to learn that they are eligible to asylum seekers,2 and a pervasive lack of support from major apply for asylum must find their way through a dysfunc- foundations.3 tional and tangled legal system, and are legally barred from While the U.S. moves forward on some other LGBT priorities working for at least 180 days after formally submitting their and awareness of persecution in other countries grows, asylum applications.