Williams Institute Reading Room: Lesbian, Gay, Bisexual and Transgender Resources in Law and Public Policy: Immigration

For readers concerned about LGBTQ rights and the history of U.S. citizenship policies, get the book that Booklist says is "insightful" and "an accessible human story with a happy ending." The January 2018 headline story in the Los Angeles Times was riveting. Andrew from the United States and Elad Dvash-Banks from Israel married in Canada in 2010 when gay couples could not marry in these countries. The couple conceived fraternal twins, Aiden and Ethan, with a Canadian surrogate by means of egg and sperm donation. The two boys were born just four minutes apart. Aiden was conceived with a donated egg and Andrew's sperm cell, and Ethan was conceived with a donated egg (from the same woman) and Elad's sperm cell. Andrew and Elad wished to raise their children in the United States, but when they arrived at the American Consulate in Toronto to apply for citizenship, a staff member fired off a series of "shocking" and humiliating questions, and informed the couple of her authority to require a DNA test to determine each parents' relatedness to each twin--she warned that without these tests neither twin would be granted US citizenship. Andrew and Elad knew which twin each had fathered and had planned on keeping this information confidential. They knew this because DNA analyses had already been performed, but the consulate insisted that these costly tests be repeated using their designated laboratory. Having no alternative, DNA testing was arranged, and results submitted to the consulate. Soon, two envelopes arrived at their home, bearing both welcome and dreaded news: United States citizenship was offered to Aiden, whose father was a US citizen, but not to Ethan, whose father was Israeli. And, thus, their ground-breaking legal journey began. The couple's high-profile lawsuit nearly reached the US Supreme Court, capturing worldwide attention along the way. Nancy Segal brings the story to life through firsthand accounts of each father's life history and analysis of the legal intricacies that threatened to deny US citizenship to one of their twin sons.

This fine-art book discusses the phenomenon of LGBTIQ+ refugees, asylum seekers, and those subject to discrimination in their home countries based on their gender or sexual orientation. More than 40 percent of the countries in the world today still impose prison sentences or the death penalty just for being LGBTIQ+. Asylum is an international project that arose from a collaboration between five associations around the world and photographer Umberto Nicola Nicoletti. Through the use of beautiful "glossy images," such as those used in fashion and advertising, the project seeks to engender empathy for the subjects involved and their stories. Asylum seekers become celebrities, idols, and heroes as they are. Therefore, it is not photographic reportage but, rather, an art project focused on restoring their dignity. LGBTIQ+ refugees often face double discrimination: in their home country and in their destination, as they are both immigrants and LGBTIQ+. This is especially true in refugee camps, where they are subject to assaults by other migrants. The aim of this project is to give these individuals the identity they are often deprived of when they are reduced to an indistinct mass--and to show the world their true beauty.

This multidisciplinary volume brings together experienced expert witnesses and immigration attorneys to highlight best practices and strategies for giving expert testimony in asylum cases. As the scale and severity of violence in Latin America has grown in the last decade, scholars and attorneys have collaborated to defend the rights of immigrant women, children, and LGBTQ+ persons who are threatened by gender-based, sexual, and gang violence in their home countries. Researchers in anthropology, history, political science, and sociology have regularly supported the work of immigration lawyers and contributed to public debates on immigration reform, but the academy contains untapped scholarly expertise that, guided by the resources provided in this handbook, can aid asylum seekers and refugees and promote the fair adjudication of asylum claims in US courts. As the recent refugee crisis of immigrant mothers and children and unaccompanied minors has made clear, there is an urgent need for academics to work with other professionals to build a legal framework and national network that can respond effectively to this human rights crisis.
*Also available online (UC users only)

Recent years have seen increased scholarly and media interest in the cross-border movements of LGBT persons, particularly those seeking protection in the Global North . While this has helped focus attention on the plight of individuals fleeing homophobic or transphobic persecution, it has also reinvigorated racist tropes about the Global South. In the case of Africa, the expansion of anti-LGBT laws and the prevalence of hetero-patriarchal discourses are regularly cited as evidence of an inescapable savagery. The figure of the LGBT refugee - often portrayed as helplessly awaiting rescue - reinforces colonial notions about the continent and its peoples. Queer and Trans African Mobilities draws on diverse case studies from the length and breadth of Africa, offering the first in-depth investigation of LGBT migration on and from the continent. The collection provides new insights into the drivers and impacts of displacement linked to sexual orientation or gender identity and challenges notions about why LGBT Africans move, where they are going and what they experience along the way.

Celebrations of the "transgender tipping point" in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.
*Also available online (UC users only)

A poignant, moving memoir and urgent call to action for immigration justice by a Nigerian asylee and global gay rights and immigration activist Edafe Okporo. On the eve of Edafe Okporo's twenty-sixth birthday, he was awoken to a violent mob outside his window in Abuja, Nigeria. The mob threatened his life after discovering the secret Edafe had been hiding for years--that he is a gay man. Left with no other choice, he purchased a one-way plane ticket to New York City and fled for his life. Though America had always been painted to him as a land of freedom and opportunity, it was anything but when he arrived just days before the tumultuous 2016 Presidential Election. Edafe would go on to spend the next six months at an immigration detention center in Elizabeth, New Jersey. After navigating the confusing, often draconian, US immigration and legal system, he was finally granted asylum. But he would soon realize that America is exceptionally good at keeping people locked up but is seriously lacking in integrating freed refugees into society. Asylum is Edafe's eye-opening, thought-provoking memoir and manifesto, which documents his experiences growing up gay in Nigeria, fleeing to America, navigating the immigration system, and making a life for himself as a Black, gay immigrant. Alongside his personal story is a blaring call to action--not only for immigration reform but for a just immigration system for refugees everywhere. This book imagines a future where immigrants and asylees are treated with fairness, transparency, and compassion. It aims to help us understand that home is not just where you feel safe and welcome but also how you can make it feel safe and welcome for others.

Through biographical narratives, Claiming Home traces how queer migrant women living in Switzerland navigate often contradictory perspectives on sexuality, gender, and nation. Situated between heteronormative and racialized stereotypes of migrant women on the one hand, and the implicitly white figure of the lesbian on the other, queer migrant women are often rendered impossible subjects. Claiming Home maps how they negotiate conflicting loyalties in this field and how they, in their own way, claim a sense of belonging and home.
*Also available as an eBook (UC users only)

This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people's SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
*Also available as eBook.

A glimpse into the lives of LGBTQ migrants in Johannesburg, in their own words Seeking Sanctuary brings together poignant life stories from fourteen lesbian, gay, bisexual and transgender (LGBT) migrants, refugees and asylum seekers living in Johannesburg, South Africa. The stories, diverse in scope, chronicle each narrator's arduous journey to South Africa, and their corresponding movement towards self-love and self-acceptance. The narrators reveal their personal battles to reconcile their faith with their sexuality and gender identity, often in the face of violent persecution, and how they have carved out spaces of hope and belonging in their new home country. In these intimate testimonies, the narrators' resilience in the midst of uncertain futures reveal the myriad ways in which LGBT Africans push back against unjust and unequal systems. Seeking Sanctuary makes a critical intervention by showing the complex interplay between homophobia and xenophobia in South Africa, and of the state of sexual orientation and gender identity (SOGI) rights in Africa. By shedding light on the fraught connections between sexuality, faith and migration, this ground-breaking project also provides a model for religious communities who are working towards justice, diversity and inclusion.
*Also eBook (UC users only)

Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance is often quite different from the reality faced by LGBTQ migrants and asylum seekers. Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology, and law to analyze how and why queer individuals migrate to Europe, as well as the legal, social, and political frameworks they are forced to navigate in the destination societies. The subjects covered include LGBTQ Latino migrants in queer and diasporic spaces in London; the diasporic consciousness of queer Polish, Russian, and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith, and LGBTQ organizations in Germany, Italy, the UK, and France in supporting queer asylum seekers.

Lives That Resist Telling challenges the resounding scholarly silence about the lives of migrant women who identify as lesbian, queer, or nonheteronormative. Reworking social science methodologies and theories, the essays explore the experiences of migrant Latina lesbians in Los Angeles; Latina lesbians whose transnational lives span the borders between the United States and Mexico; non-heteronormative migrant Muslim women in Norway and Denmark; economically privileged Chinese lesbian or lala women in Australia; and Iranian lesbian asylum-seekers in Turkey. The authors show how state migration controls and multiple institutions of power try to subjectify and govern migrant lesbians in often contradictory ways, and how migrant lesbians cope, strategize, and respond. The essays complicate and rework binaries of visibility/invisibility, in/out, victim/agent, home/homeless, and belonging/unbelonging. Tellability emerges as a technology of power and violence, and conversely, as a mode of healing, (re)building a sense of self and connection to others, and creating conditions for livability and queer world-making. This book was first published as a special issue of the Journal of Lesbian Studies (Vol. 24, No. 2, April 2020).

Maid to Queer is the first book about Asian female migrant workers who develop same-sex relationships in a host city. Based on participant observation and in-depth interviews with Indonesian domestic workers in Hong Kong, the book explores the meanings of same-sex relationships to these migrant women. Instead of searching for reasons to explain why they engage in a same-sex relationship, this book provides an ethnographic perspective by addressing their Sunday activities and considering how migration policies and the practices of Hong Kong people unintentionally produce alternative sexuality and desires for them. The author contrasts the migrant experiences of same-sex relationships with the Western discourse that individuals carry a strong sense of sexual identification prior to migration; same-sex desires among Indonesian domestic workers are often not realized until they leave home. Addressing the changes from maid to queer, this book documents the intersections of domestic work, labor migration, race, and religion on the sexual subject formation, specifically how Indonesian women negotiate heteronormativity and remake a space for their love, sex, and intimacy. For those interested in lesbian studies, Asian labor migration, sexual citizenship, and queer migration, this ethnography fills an important gap in explaining how the feminization of international migration and the constraints imposed on live-in domestic workers unintentionally become productive possibilities of queerness and normativity.

This book examines the ways in which the need to belong manifests itself in the post 9/11 world, from a cross-disciplinary perspective. Using queer Turkish women in Berlin as its subjects, the book shows how individuals with seemingly contradictory belongings develop strategies of emotional survival in the face of conflict, which Yorukoglu terms "acts of belonging". It studies the impact of populist discourses on minorities, exploring concepts such as security, integration, sexual tolerance and cohesion within a causal relationship. Questioning this assumed relationship, the book proposes an alternative approach to study belonging. Acts Of Belonging in Modern Societies supports the empirical research behind the argument that cohesion is not a "sine qua non" of belonging. These acts allow the individual to claim belonging in spite of possible differences. The book provides evocative case studies to reveal the affective, dynamic, complex nature of human connectedness.

With little existing scholarship on LGBT diaspora from Asia, this groundbreaking book examines the intersectionality of migration, sexuality, and gender, as well as race and ethnicity, through an analysis of the transnational experiences of Japanese LGBT diasporas in the USA, Canada and Australia. Employing a variety of methods, including a questionnaire, ethnographic analysis and case studies, the author demonstrates and analyses LGBT experiences where the notion of "gay-friendly" Japan prevails, looking at their reasons to flee the country and their diverse experiences in their host country. These include their needs and want for social services for Japanese LGBT diaspora. Findings are comparatively examined with LGBT refugees' experiences, among LGBT subgroups, as well as across the three countries, highlighting the significance of gender, race and ethnicity, as well as immigration policy, in the experiences of LGBT diasporas from Japan.
*Also available as an ebook: (UC only): Japanese LGBT Diasporas

Writing from a homeless shelter in downtown Toronto, Mohamed "Mo" Ali chronicles how he ended up there in this powerful and often irreverent memoir of exile, addiction, and racism. Kidnapped by his father on the eve of Somalia's societal implosion, Ali was taken first to the Netherlands by his stepmother, and then on to Canada. With its promise of freedom, opportunity, and multiculturalism, his new home seemed to offer a new lease on life. But unable to fit in, he turned to partying and drugs. Interwoven with world history and sociopolitical commentary on Somalia, Canada, and Europe, the story of this gay Muslim immigrant is told with tenderness in a refreshing and welcome new voice. Mohamed Abdulkarim Ali lives in Toronto. This is his first book.

This book addresses the 'three moments' in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers' and refugees' efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status. The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons' flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers' journey. In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries' interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one's sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges. The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.

Pulitzer-Prize winning journalist Jose Antonio Vargas, called "the most famous undocumented immigrant in America," tackles one of the defining issues of our time in this explosive and deeply personal call to arms. "This is not a book about the politics of immigration. This book--at its core--is not about immigration at all. This book is about homelessness, not in a traditional sense, but in the unsettled, unmoored psychological state that undocumented immigrants like myself find ourselves in. This book is about lying and being forced to lie to get by; about passing as an American and as a contributing citizen; about families, keeping them together, and having to make new ones when you can't. This book is about constantly hiding from the government and, in the process, hiding from ourselves. This book is about what it means to not have a home. After 25 years of living illegally in a country that does not consider me one of its own, this book is the closest thing I have to freedom." --Jose Antonio Vargas, from Dear America

The very language of Zionism prizes the concept of immigration to Israel (aliyah, literally ascending) while stigmatizing emigration from Israel (yerida, descending). In A Queer Way Out, Hila Amit explores the as-yet-untold story of queer Israeli emigrants. Drawing on extensive fieldwork in Berlin, London, and New York, she examines motivations for departure and feelings of unbelonging to the Israeli national collective. Amit shows that sexual orientation and left-wing political affiliation play significant roles in decisions to leave. Queer Israeli emigrants question national and heterosexual norms such as army service, monogamy, and reproduction. Amit argues that emigration itself is not only a political act, but one that pioneers a deliberately unheroic form of resistance to Zionist ideology. This fascinating study enriches our understandings of migration, political activism, and queer forms of living in Israel and beyond.

With Pathways of Desire, Héctor Carrillo brings us into the lives of Mexican gay men who have left their home country to pursue greater sexual autonomy and sexual freedom in the United States. The groundbreaking ethnographic study brings our attention to the full arc of these men's migration experiences, from their upbringing in Mexican cities and towns, to their cross-border journeys, to their incorporation into urban gay communities in American cities, and their sexual and romantic relationships with American men. These men's diverse and fascinating stories demonstrate the intertwining of sexual, economic, and familial motivations for migration. Further, Carrillo shows that sexual globalization must be regarded as a bidirectional, albeit uneven, process of exchange between countries in the global north and the global south. With this approach, Carrillo challenges the view that gay men from countries like Mexico would logically want to migrate to a "more sexually enlightened" country like the United States--a partial and limited understanding, given the dynamic character of sexuality in countries such as Mexico, which are becoming more accepting of sexual diversity. Pathways of Desire also provides a helpful analytical framework for the simultaneous consideration of structural and cultural factors in social scientific studies of sexuality. Carrillo explains the patterns of cross-cultural interaction that sexual migration generates and--at the most practical level--shows how the intricacies of cross-cultural sexual and romantic relations may affect the sexual health and HIV risk of transnational immigrant populations.

A Human Rights Watch report.
Also available online: "Do You See How Much I'm Suffering Here?"

How do I prove I'm gay? This is the central question for many refugee claimants who are claiming asylum on the basis of sexual orientation persecution. But what are the inherent challenges in obtaining this proof? How is the system that assesses this predicated upon homonormative frameworks and nervous borders? What is the impact of gender, race and class? What is an authentic sexual or gender identity and how can it be performed? Real Queer? is an ethnographic examination of the Canadian refugee apparatus analysing the social, cultural, political and affective dimensions of a legal and bureaucratic process predicated on separating the authentic from the bogus LGBT refugee. Through interviews, conversations and participant observation with various participants ranging from refugee claimants to their lawyers, Refugee Protection Division staff and local support group workers, it reveals the ways in which sexuality simultaneously disrupts and is folded into the nation-state's dynamic modes of gate-keeping, citizenship and identity-making, and the uneven effects of these discourses and practices on this category of transnational migrants.

Delineating an approach to activism at the intersection of queer rights, immigration rights, and social justice, Queer Migration Politics examines a series of "coalitional moments" in which contemporary activists discover and respond to the predominant rhetoric, imagery, and ideologies that signal a sense of national identity. Karma Chávez analyzes how activists use coalition to articulate the shared concerns of queer politics and migration politics, as both populations seek to imagine their ability to belong in various communities and spaces, their relationships to state and regional politics, and their relationships to other people whose lives might be very different from their own. Advocating a politics of the present and drawing from women of color and queer of color theory, this book contends that coalition enables a vital understanding of how queerness and immigration, citizenship and belonging, and inclusion and exclusion are linked. Queer Migration Politics offers activists, queer scholars, feminists, and immigration scholars productive tools for theorizing political efficacy.

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States so is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

During only a few months in 1980, 125,000 Cubans entered the United States as part of a massive migration known as the Mariel boatlift. The images of boats of all sizes, in various conditions, filled with Cubans of all colors and ages, triggered a media storm. Fleeing Cuba's repressive government, many homosexual men and women arrived in the United States only to face further obstacles. Deemed "undesirables" by the U.S. media, the Cuban state, and Cuban Americans already living in Miami, these new entrants marked a turning point in Miami's Cuban American and gay histories. In Oye Loca, Susana Peña investigates a moment of cultural collision. Drawing from first-person stories of Cuban Americans as well as government documents and cultural texts from both the United States and Cuba, Peña reveals how these discussions both sensationalized and silenced the gay presence, giving way to a Cuban American gay culture. Through an examination of the diverse lives of Cuban and Cuban American gay men, we learn that Miami's gay culture was far from homogeneous. By way of in-depth interviews, participant observation, and archival analysis, Peña shows that the men who crowded into small apartments together, bleached their hair with peroxide, wore housedresses in the street, and endured ruthless insults challenged what it meant to be Cuban in Miami. Making a critical incision through the study of heteronormativity, homosexualities, and racialization, ultimately Oye Loca illustrates how a single historical event helped shape the formation of an entire ethnic and sexual landscape.

Share the personal stories of gay and lesbian couples who immigrated to Australia! This fascinating book examines the Australian government's innovative immigration program for same-sex couples. Covering the time from the early 1980s to 2000, Stories of Gay and Lesbian Immigration: Together Forever? offers a powerful glimpse into the gains and costs of immigration. Its twenty-year span offers insight into both immediate and long-term implications of this policy. Stories of Gay and Lesbian Immigration intertwines the personal stories of gay and lesbian immigrants, including the author, with thoughtful, detailed political analysis. This groundbreaking book analyzes the Australian government's reasons for recognizing the validity of same-sex couples. It also scrutinizes the emotional and social implications of government policies for these couples. Stories of Gay and Lesbian Immigration explores the issues immigrant same-sex couples faced, including: HIV/AIDS; proving homosexuality; migration stress; dealing with bureaucracy; financial dependency; and success and failure in relationships.