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LGBTQ Africans struggle to navigate US asylum process

Ricky ‘Rikki’ Nathanson fled Zimbabwe, now lives in Md.

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Ricky "Rikki" Nathanson (Washington Blade photo by Michael K. Lavers)

 

It is no secret that many LGBTQ individuals around the world live in fear of the negative implications that result from identifying outside the limits of cisgenderism and heteronormativity. For Africans living in Africa, this panic is even more pronounced as many are abused, jailed, or even murdered for simply existing as queer.

According to Global Citizen, homosexuality is still punishable by death in four countries on the African continent: Somalia, South Sudan, Mauritania, and Nigeria (in states where Sharia law applies). Only 22 out of the 54 countries on the African continent have legalized homosexuality, and South Africa is currently the only country where same-sex marriage is legally recognized by the government.

Although there has been some human rights progress for LGBTQ Africans, most recently with Angola decriminalizing same-sex sexual relationships, ill-sentiment toward queerness still runs rampant across the continent. So, many individuals are forced to leave their home countries and apply for asylum in Western countries like the U.S. and U.K., countries which, despite their queer-phobic cultures, are more accepting and safe to live in.

From Zimbabwe to Md.

Ricky “Rikki” Nathanson is a transgender activist from Zimbabwe who received asylum from the U.S. in February 2019. Before filing for asylum in the U.S., police officers had arrested her in Bulawayo, Zimbabwe, after she had used a women’s restroom in a hotel. While in custody, the police officers physically tortured her and forced her to undergo invasive medical and physical examinations.

After her release from police custody, she filed a lawsuit against Zimbabwe’s Home Affairs minister, the commissioner of the Zimbabwe Republic Police, the assistant commissioner of the Bulawayo Central Police Station and the leader of the Zimbabwe African National Union-Patriotic Front (ZANU-PF) party’s Youth League, and later won this lawsuit. However, because of the mounting threats to her life in Bulawayo, she sought safety through the U.S.’s asylum process and relocated to the East Coast.

“When I compare myself to other people and friends who have been in similar situations to mine, my asylum process was extremely quick,” Nathanson mentions when speaking of her journey toward winning asylum. “I think that the most strenuous thing for me was the actual interview; it was nerve-wracking.”

Nathanson applied for asylum in 2018 after she attended OutRight Action International’s annual summit in New York, the organization of which she is a board member. She won her case and received asylum approximately six weeks after — a fairly quick result compared to numerous other cases that can take years before a final decision is reached.

Nathanson’s involvement with OutRight Action International proved to be a tremendous advantage as it provided her with an extensive network of friends in the U.S. who were able to support her asylum-seeking process and alleviate the stresses associated with it. This is usually not the case for many queer Africans who seek asylum in the U.S.

“The people at OutRight Action International were good to me, and they helped me with a bit of financial support. So, I was able to pay for my legal fees,” says Nathanson.

In addition, Nathanson’s lawyer, Elinor Tesfamariam, who is of Ethiopian descent and specializes in asylum cases, “knew what she was doing.” Therefore, her expertise coupled with Nathanson’s compelling story, provided for an airtight case that couldn’t be contested.

In Nathanson’s words, “My story spoke for itself.”

Casa Ruby hired Nathanson shortly after she won her asylum case. She is currently the D.C. group’s director of housing services.

What does applying for asylum involve?

The asylum process is demanding. Not only does one need legal representation, but they need financial resources to pay for said legal representation and also for their upkeep and wellbeing while in the U.S. This poses a challenge as one cannot apply for employment authorization until a year after they have completed the asylum application. So, this alienates many asylum seekers from severely needed employment and leaves them financially insecure as they navigate the torrent of preventing the possibility of having to return to their home country.

For those without strong connections in the U.S., a common way of finding help, whether financial or material, is through word of mouth. Because of their popularity, organizations like AsylumWorks have become safe havens and places of provision, fulfilling many asylum seekers’ basic needs such as buying groceries, paying for rent, and purchasing gender-affirming clothes and cosmetics.

“When applying for asylum, it’s really important to have efficient knowledge of the system; knowing what to do, who to contact, how to contact them, and how the system works,” Nathanson mentions, regarding the legal aspect.

“For the process to work as smoothly as possible, you need assistance,” she adds. “You need to be able to access a lawyer who will be able to file for you because the process is very particular, and any small mistake will result in your documents being returned to you. I have a friend of mine who forgot to sign a page and after he resubmitted his documents, he has been waiting 18 months for a response.”

Because of how inconvenient the process can be, Nathanson’s hope is that the current administration will revise the asylum process, especially the time it takes to win asylum.

How asylum seekers’ needs are met

AsylumWorks is what Executive Director Joan Hodges-Wu calls “a holistic suite of wraparound services and support to help asylum seekers address unmet needs that can interfere with their ability to participate in the immigration legal process.” The organization “empowers asylum-seekers to rebuild their lives with dignity and purpose,” and provides much-needed community that helps them to feel seen and heard.

“When people think of asylum, they think of attorneys … but people forget that it is incredibly difficult to work with an immigration attorney and fully participate in the process if there are barriers impeding your ability to connect,” says Hodges-Wu.

Through Prism, an LGBTQ support group, AsylumWorks is able to help queer asylum seekers meet their basic needs so that they can adequately focus their energy into the legal immigration process.

Prism provides community for LGBTQ asylum seekers by giving them the opportunity to meet with other queer asylum seekers and forge friendships that lighten the burden of acclimating to the U.S.

“One of the problems our LGBTQ clients face is that many of them are highly distrustful, naturally, of disclosing intimate parts of their history, and their true gender, or sexual orientation,” Geoffrey Louden, Prism’s facilitator, mentions. “Or even if they’re not sure of that, coming to terms with, going into an immigration attorney and recounting their history.”

Given this, Prism hosts weekly Zoom hangouts where individuals talk about any topics that interest them. Topics can range from introspective conversations about identity to light-hearted anecdotes about love prospects.

Prism offers a safe community for LGBTQ asylum seekers to be themselves, feel affirmed, and relate to others amid queer phobia, which can be prevalent in immigrant communities. So, regardless of how tough resettling in the U.S. may become, LGBTQ asylum seekers are guaranteed some sense of warmth and comfort in this organization.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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U.S. Supreme Court

LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP

Kennedy v. Braidwood oral arguments heard Monday

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HHS Secretary Robert F. Kennedy, Jr. (Washington Blade photo by Michael Key)

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.

Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.”

The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Law’s Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.

The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.

While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.

Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the “Ending the HIV Epidemic” begun under Trump’s first term will be continued.

“Today’s Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”

She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.”

Lambda Legal HIV Project Director Jose Abrigo said, “The Braidwood case is about whether science or politics will guide our nation’s public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”

“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”

He continued, “What’s at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one group’s rights is an attack on all.”

PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”

He continued, “Implementing cost-sharing  would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”

“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.”

“Today’s oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities — it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”

She continued, “Since the Affordable Care Act’s preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”

“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”

“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.”

“We are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”

“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffs’ arguments today were cloaked in esoteric legal language, at it’s heart, this case revolves around the Christian Right’s objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”

“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.

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