The Struggles of Transgender People Seeking Migrant Rights

For many transgender individuals fleeing persecution in their home countries, the journey to seek asylum in the United States is fraught with peril. They leave behind lives shattered by discrimination, violence, and the constant fear of becoming the next victim, only to find themselves stuck in a dangerous limbo at the U.S.-Mexico border.

In makeshift camps and crowded shelters, they wait indefinitely for a coveted Customs and Border Protection (CBP) appointment, their gateway to make an asylum claim on American soil. The wait is both maddening and treacherous, as they remain vulnerable to the very threats they escaped, now exacerbated by the lawlessness and hostility that pervade the border regions.

A Disproportionate Risk

The statistics paint a grim picture: transgender individuals are four times more likely to be victims of violent crime than their cisgender counterparts. In Mexico, the homicide rate of transgender women is more than double that of cisgender women, with a staggering life expectancy of just 35 years in Central America, according to the United Nations.  

Harassment, discrimination, and verbal abuse are daily occurrences for those stuck in limbo, while the ever-present threat of kidnapping, sexual assault, and trafficking looms large. A 2022 study on gender-based violence and asylum deterrence policies revealed that 100 per cent of LGBTQ+ clients had faced sexual violence while waiting at the U.S.-Mexico border.

Punitive Policies and Lack of Protection

Tragically, the very policies intended to manage the influx of asylum seekers often exacerbate the dangers faced by the LGBTQ+ community. The Biden administration’s Asylum Ban, which forces vulnerable individuals to wait in Mexico for their CBP One appointment, has been widely criticized for placing already at-risk populations in further jeopardy.

Even for those who manage to reach U.S. soil, the ordeal is far from over. Within the confines of immigration detention centres, transgender migrants face disproportionate risks of sexual violence and discrimination, with accounts of individuals being housed based solely on their biological sex, disregarding their gender identity.  

A Call for Change: Struggles of Transgender People Seeking Migrant Rights

As the world observes International Transgender Day of Visibility on March 31st, the plight of transgender asylum seekers at the US-Mexico border demands urgent attention and action. The Biden Administration must rescind the Asylum Ban and prioritize fair, human-centred solutions that do not endanger the world’s most vulnerable populations.

Instead of wasting taxpayer dollars on detention centres where LGBTQ+ refugees are 97 times more likely to be sexually violated, lawmakers should redistribute funds to support equitable access to the processing at ports of entry and provide vital resources to humanitarian providers assisting those arriving in the country.

The stories of those like the transgender men from Russia and the woman from Honduras, who risked everything to escape persecution, serve as a sobering reminder of the challenges faced by the LGBTQ+ community on their journey to safety. It is incumbent upon us to provide a safer, rights-respecting pathway to protection, ensuring that no one is left behind in the treacherous limbo of seeking refuge.