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These individuals have been persecuted in their countries specifically because of their sexual orientation.
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The lifting of the ban in 1990, though a significant development, has not alleviated many of the additional difficulties that LGBT asylum applicants face in the United States. This "sexually deviant" ban was overturned when Congress passed the Immigration Act of 1990. Public Health Service, included LGBT immigrants.Ī 1965 amendment contained more explicit language, excluding "sexually deviant" foreign nationals from the United States. The Immigration and Nationality Act of 1952 contained similar language, barring the entry of "aliens afflicted with psychopathic personality, epilepsy, or mental defect," a category that, as confirmed by the U.S. In fact, they were prohibited from entering the country altogether under the Immigration and Nationality Act of 1917, which excluded the "mentally or physically defective." Lesbian, gay, bisexual, and transgender individuals have been subject to long-standing and stringent restrictions against entry into the United States. This situation, combined with difficulties in proving LGBT identity and other factors, makes sexual orientation asylum claims especially challenging. Though the climate has become more accepting of gays and lesbians, some states and localities still ban homosexual conduct. LGBT asylum trends in the United States are closely linked with the domestic political, social, and legal climate surrounding gays and lesbians. This trend is paralleled to different degrees in other countries that grant asylum to LGBT applicants, including Australia, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Italy, the Netherlands, New Zealand, Thailand, and the United Kingdom. The number of LGBT asylum claims has increased slowly but steadily since then. In the United States, asylum on the basis of sexual orientation was first granted to an individual in 1994. On average, only 62 percent of these applications have been successful.Īsylum claims based on persecution related to a lesbian, gay, bisexual, or transgender (LGBT) individual's sexual orientation are particularly difficult to file, argue, and win - even with substantial evidence of persecution and ill-treatment. Winning asylum in this country, however, is not an easy task. Since 1998, the United States has processed an average of 46,000 asylum applications each year, according to estimates from the United Nations High Commissioner for Refugees.