LGBTQ+ Migration to the United States: Safety Sought. Risk Remains.

LGBTQ+ people migrate to the United States for the same reasons many others do: escaping life-threatening persecution, legal penalties, violence, or systemic discrimination in their home countries.

The U.S. asylum and refugee system allows individuals to seek protection on the basis of persecution for belonging to a particular social group, including sexual orientation or gender identity. These claims are evaluated under U.S. and international refugee law.

Because federal immigration agencies do not systematically collect statistics on asylum claims by sexual orientation or gender identity, independent research fills major gaps. According to a UCLA Williams Institute study, an estimated 11,400 asylum claims based on LGBT status were filed in the U.S. between 2012 and 2017. Of those that led to official “fear interviews,” data show LGBT claims originated from dozens of countries, with large shares from El Salvador, Honduras, Guatemala, Mexico, and Ghana. (Williams Institute)

Another Williams Institute analysis estimates there are likely more than 1.2 million LGBTQ+ foreign-born adults in the U.S., with roughly 289,700 undocumented. Undocumented LGBTQ+ people face heightened vulnerability in immigration enforcement. (National LGBTQ Institute on IPV |)

Asylum Adjudication and Legal Outcomes

The U.S. asylum process involves several stages:

Credible fear interview at the border or in detention.
If credible fear is found, an asylum application moves to a formal hearing.
Decisions can be appealed to the Board of Immigration Appeals and then to federal appellate courts.

At any point in the process, U.S. Immigration and Customs Enforcement’s (ICE) can and have enforced summary deportation, often without cause or hearing.

Academic research on LGBTQ+ asylum claims from 1994 to 2023 shows that 78% of these appeals were denied review by federal Courts of Appeals, indicating high barriers in the system even after a lower court denial. (MDPI)

Risk of Deportation

Deportation (removal) means a non-citizen is returned to their home country or another country. For LGBTQ+ migrants, this can mean return to a place where they face violence, criminal penalties, or death. According to global human rights data cited by researchers, 76 countries criminalize people based on sexual orientation or gender identity, and at least seven impose the death penalty for consensual same-sex acts. (Center for American Progress)

Thousands of migrants overall are ordered removed from the U.S. each year. In 2025, federal data showed roughly 170,626 asylum seekers ordered deported, and 31 percent of asylum cases were marked abandoned, often due to missed hearings after enforcement actions. (AP News)

Importantly, a removal doesn’t always happen after a denial of asylum. Non-citizens can be detained, released, or placed in alternative status. There is no public official breakdown specifically for deportations of LGBTQ+ migrants, but legal advocates and research organizations have documented multiple cases where protections were mishandled or ignored.

Documented Cases of LGBTQ+ Asylum Seekers Facing Deportation or Wrongful Removal

O.C.G. — Gay Guatemalan asylum seeker
A U.S. immigration judge granted protection from return to Guatemala due to credible fear of persecution. Despite this, U.S. authorities deported him to Mexico without proper process. A federal judge ruled the removal violated legal rights and ordered that he be returned to the United States. (AP News)

Andry José Hernández Romero — Gay Venezuelan asylum seeker
In March 2025, U.S. immigration authorities deported Hernández Romero, a gay makeup artist seeking asylum, to El Salvador under highly controversial criteria related to criminal gang affiliation. He had no criminal record and was awaiting a hearing. His detention and removal drew criticism from human rights advocates. (washingtonblade.com)

Transgender asylum claims ignored or mishandled
Human rights reports have documented cases where the United States deported transgender asylum seekers back to countries where they risk severe violence and murder. The American Immigration Council reported at least one case in 2019 where a transgender woman deported to El Salvador was killed within months of return, illustrating the lethal risk of removal for some LGBTQ+ migrants. (American Immigration Council)

Detention and Abuse of LGBTQ+ Migrants

Even before deportation, research and advocacy groups report serious safety concerns in detention. Immigration Equality notes that LGBTQ+ detainees are 97 times more likely to experience sexual assault in detention than other detainees, and transgender women are often housed with male populations, increasing danger. (Immigration Equality)

Independent reports allege severe abuse at some facilities, with detainees reporting sexual violence, denial of medical care, and retaliation for reporting abuse. (The Guardian)

Why Deportation Matters for LGBTQ+ Migrants

Deportations without careful asylum adjudication can return people to countries where they face criminalization, torture, and murder. The Williams Institute notes that an LGBTQ+ person deported to a country with strong anti-LGBTQ+ laws can face arrest and violence upon return. (Williams Institute)