Rep. Maloney Calls on U.S. Department of State to Process LGBTQI+ Refugees and Asylum Seekers Quickly and More Efficiently

Washington, DC - Yesterday, Congresswoman Carolyn B. Maloney (D-NY) sent a letter to United States Secretary of State Antony J. Blinken urging the U.S. Department of State to prioritize LGBTQI+ refugees and asylum seekers in countries where LGBTQI+ individuals are in imminent danger, including Afghanistan and Russia (specifically Chechnya).  

 

The letter also asks for the U.S. State Department to designate LGBTQI+ organizations as eligible to refer refugees and asylum seekers to the U.S. Department of State’s Bureau of Population, Refugees, and Migration since no LGBTQI+ organizations are currently certified to do so.  

  

In Maloney’s letter, she states, “Currently, LGBTQI+ individuals are solely processed through a P-1 designation, which grants access to the refugee program on an individual basis. By designating LGBTQI+ individuals as P-2, which identifies groups of people with very similar persecution claims, the U.S. Refugee Admissions Program could increase efficiency, reduce labor-intensive individual referrals, and prevent delays in the application process. 

  

She continued, “Given the lack of LGBTQI+ organizations that are eligible to provide P-1 referrals, I ask that the U.S. Department of State do everything it can to make sure that LGBTQI+ organizations are able to become certified and subsequently refer individuals into the program. This will ensure that more at-risk LGBTQI+ individuals have access to this critical program.” 

 

She also added, “More must be done to help LGBTQI+ individuals who are suffering from violence and persecution around the world, and that includes making the asylum and refugee process more efficient.”  

 

“As the humanitarian crisis in Afghanistan reminded us, LGBTQ+ refugees and asylum seekers experience disproportionate rates of violence both in their countries of origin and during transit. Unfortunately, too often, they lack necessary protections to ensure their safety. As the U.S. rebuilds its refugee and asylum programs, we must ensure that we recognize this disparity and build processes that take the needs of this marginalized group into account. We are grateful to Congresswoman Maloney for elevating these concerns and urge the State Department to immediately enact policies designed to protect LGBTQ+ refugees and asylum seekers," said Sarah Warbelow, Legal Director at Human Rights Campaign. 

 

“Last year, Rainbow Railroad issued three recommendations to the United States Government on meaningful steps it can take to protect LGBTQI+ asylum seekers and migrants. We are pleased to see these recommendations reflected by Congresswoman Maloney, and stand ready to work with the State Department and officeholders across the US," said Kathryn Hampton, Head of Impact at Rainbow Railroad. 

 

“A robust and effective refugee resettlement system is essential for LGBTQ people,” said Aaron Morris, Executive Director of Immigration Equality. “President Biden has set an ambitious and laudable goal for the number of refugees the U.S. is permitted to resettle each year, but we have not yet met that goal. The State Department should recognize that many refugees in the LGBTQ community are living in mortal danger, and expedite their safe passage to the U.S.” 

  

Find the letter to Antony J. Blinken below and PDF version HERE 

 

Dear Secretary Blinken: 

 

Thank you so much for all the incredible work you have done as Secretary of State. I applaud 

your leadership in protecting and promoting U.S. security, prosperity, and democratic values and 

shaping an international environment in which all Americans can thrive. 

  

I write to you today with concerns about how the U.S. Department of State is currently 

processing lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) refugees and 

asylum seekers. As you know, in the first month of his presidency, President Biden issued an 

executive order directing federal agencies to protect LGBTQI+ refugees and asylum seekers. 

  

The U.S. Department of State followed suit later that year when it stated in its Report to 

Congress on Proposed Refugee Admissions for Fiscal Year 2022 that it would undertake efforts 

to enhance and expand efforts for individuals persecuted on the basis of sexual orientation, 

gender identity, or sex characteristics. While these were important first steps in protecting 

LGBTQI+ people around the world, I believe that more can be done to ensure that LGBTQI+ 

refugees and asylum seekers are processed in an efficient manner. 

  

First and foremost, I understand that the U.S. Department of State has the ability to process 

LGBTQI+ individuals into the U.S. Refugee Admissions Program through a Priority 2 (P-2) 

designation. Under this designation, the U.S. Department of State could designate LGBTQI+ 

individuals, both inside and outside of their countries of origin, as being of special concern and 

grant them access to the program by virtue of their circumstances and apparent need for 

Resettlement. 

  

If the U.S. Department of State were to process LGBTQI+ people through both P-1 and P-2 

designations, it would allow LGBTQI+ individuals to be brought to safety in the United States 

on a much quicker basis. Currently, LGBTQI+ individuals are solely processed through a P-1 

designation, which grants access to the refugee program on an individual basis. By designating 

LGBTQI+ individuals as P-2, which identifies groups of people with very similar persecution 

claims, the U.S. Refugee Admissions Program could increase efficiency, reduce labor-intensive 

individual referrals, and prevent delays in the application process. 

  

I request that the U.S. Department of State establish an in-country and out-of-country direct 

access P-2 group for LGBTQI+ individuals in countries where LGBTQI+ individuals are in 

imminent danger, such as Afghanistan and Russia (specifically Chechnya). This would enable 

individuals at grave risk in these countries to directly access the U.S. Refugee Admissions 

Program without the need for a referral. 

  

The United States has previously designated several groups of people for Direct Access P-2 

processing, including Iranian members of certain religious minorities, Syrian beneficiaries with 

approved I-130 petitions, religious minorities in Eurasia and the Baltics with close family in the 

United States, and certain Iraqis associated with the United States. I hope you consider the 

extreme risks faced by LGBTQI+ people in particular countries and regularly consult with 

UNHCR, NGOs and other experts to determine target countries for LGBTQI+ people to have 

direct access through P-2. For example, there are six countries where same sex intimacy is 

punishable by the death penalty (Brunei, Iran, Mauritania, Nigeria, Saudi Arabia, and Yemen). 

 

Secondly, I understand that non-governmental organizations (NGOs) can be designated as 

eligible to provide P-1 referrals to the U.S. Department of State’s Bureau of Population, Refugees and Migration. It is also my understanding that there are currently no LGBTQI+ organizations that have been given this certification, despite the fact that there are many qualified organizations doing this kind of work. For example, Rainbow Railroad, which is located in the district that I am privileged to represent, helps LGBTQI+ individuals throughout the world find safety through emergency relocation. 

  

Given the lack of LGBTQI+ organizations that are eligible to provide P-1 referrals, I ask that the 

U.S. Department of State do everything it can to make sure that LGBTQI+ organizations are able to become certified and subsequently refer individuals into the program. This will ensure that more at-risk LGBTQI+ individuals have access to this critical program. 

  

Allowing LGBTQI+ individuals to be processed more efficiently is of the utmost importance to 

me. Recent reporting has brought to light the extreme danger that LGBTQI+ individuals continue to face in countries including Afghanistan and Russia (Chechnya).  

 

For example, a 2021 report from the U.S. Department of State found “credible reports of extrajudicial killings and attempted extrajudicial killings, including of lesbian, gay, bisexual, transgender, queer, and intersex persons in Chechnya by local government authorities.”  

 

Similarly, last year, Human Rights Watch and OutRight International interviewed 60 LGBT Afghans and found that “many of those interviewed reported being attacked, sexually assaulted, or directly threatened by members of the Taliban because of their sexual orientation or gender identity.” 

  

More must be done to help LGBTQI+ individuals who are suffering from violence and 

persecution around the world, and that includes making the asylum and refugee process more 

efficient. Please advise me to your conclusions, consistent with all applicable rules and 

regulations. 

  

Sincerely,  

  

____________________ 

Carolyn B. Maloney 

Member of Congress