Gay Life in IRAQ (REPOSTED)
In one word: Terrifying! There is no law that prohibits same-sex activity, but death squads are targeting gays and transgender individuals in Iraq in horrifying fashion. Things have gone from bad to beyond worse for the LGBTI community since conservative Islamist forces have taken over in Iraq and especially now in the absence of any meaningful American oversight. Although conditions were hostile under Suddam Hussien’s regime, LGBTI individuals now seemingly have no place to turn.
Starting in 2008, reputable and alarming reports began to emerge that death squads were on the hunt for us in Iraq. Muslim clerics issued fatwas “urging the killing of lesbians and gays” with once cleric giving instructions to do so in the “most severe way possible.” And so began “homophobic killing spree[s]” by Islamist death squads. Since then, *hundreds* of gay or perceived to be gay individuals are believed to “have been kidnapped, tortured, and murdered.” The witch-hunts continue to this day in apparently a new wave of anti-gay violence. The BBC has “directed a renewed spotlight on the extreme peril that gay and transgender people face in Iraq” based on new reports of systematic killings (see BBC article posted as first “comment” to this Post).
BBC also reports that other LGBTI individuals claim they are routinely raped by the police at checkpoints. The US Department of State points to other forms of persecution and concludes in its Country Conditions Report of 2011 that “[s]ocietal discrimination based on sexual orientation and gender identity in employment, occupation, and housing [are] common,” and that “[m]ilitias [also] harassed and threatened persons with HIV/AIDS on the grounds that being infected was ‘evidence of sin.’” Sadly, discrimination and harassment seem to be the least of our problems in Iraq. We are being systematically mistreated, abused, or worse in Iraq by government officials, including the police, to say nothing about the Islamist militia groups.
Unfortunately, you must be in the United States or at one of its port of entries (for example, an airport) to apply for asylum. When you are in the United States, you can file an “affirmative” asylum application. Absent criminal history, you are generally allowed to be free (not detained) while your application is resolved, and the application process is generally quick taking four to six weeks unless you are in the appeals process (see post on The Basics On Gay & HIV+ Asylum of August 28 that is pinned to the top of this Page).
But the overwhelming majority of gays, lesbians, and transgender individuals living in places like Iraq will be unable to obtain a visa to travel to the US. It is especially difficult for a young male from the Middle East to obtain a visa based on current events. If anyone manages to get to a port of entry without proper entry documents and requests asylum, the US Government will consider the request a “defensive” asylum application and it will review that request and, if credible, the person can obtain asylum.
A “defensive” asylum claim is processed differently than an “affirmative” asylum claim. Most notably, any person that shows up at a port of entry without proper entry documents will be ‘civilly’ detained at one of the detention centers of the US Immigration and Customs Enforcement (“ICE”). These places are effectively or in fact prisons (depending on the location) and, rather unbelievably, asylee applicants are often housed with convicted criminals. The US Government might detain these individuals until their asylum claim is resolved, which can take much longer than an “affirmative” asylum application. Someone claiming asylum at a port of entry is likely to wait over one year before he or she gets a hearing before an Immigration Judge.
Sometimes, however, the person is released from detention and allowed to be free until his or her asylum claim is resolved if he or she can show a credible fear of being persecuted if returned to his or her home country. Before ICE releases anyone from detention, however, it must believe that the person will show up at his or her hearings (not be a ‘flight’ risk), and, of course, not be a threat to the US in any way. It follows that individuals should seriously consider the consequences of showing up at a US port of entry without proper entry documents even if they face abuse in their home country.
Although every case is different, a gay national from Iraq (as well as most other Middle East countries) should know that he or she is generally eligible for asylum so long as he or she (1) submits a credible application that is well supported, (2) files within the 1-year filing deadline, and (3) does not have a criminal record. These applicants also must consider the current political climate and understand that their applications might be scrutinized accordingly.
It is important for anyone considering asylum to discuss his or her case with an experienced asylum attorney. I will be glad to speak with anyone who is considering asylum at no charge.
NOTE: Neither this nor any other Post on my Page is meant to attack any culture or religion. As some of you have correctly noted, fundamentalism specific to other religions is alive and well in many parts of the world and equally detrimental to the LGBTI community. Facebook removed this Post today and will again if the comments to the Post are abusive. Please comment accordingly.
George Tenreiro
BALDASSARE & MARA, LLC
570 Broad Street, Suite 900
Newark, New Jersey 07102
Office: 973.339.7066; Fax: 973.741.2482
E-Mail:
[email protected]
Admitted in New Jersey and New York
REFERENCES
United States Department of State, “Country Report on Human Rights Practices in Iraq,” Bureau of Democracy, Human Rights, and Labor (2011), available at
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.
Erasing 76 Crimes, “Iraq has become a death trap for gay men” by Colin Stewart (September 28, 2012), available at:
http://76crimes.com/2012/09/28/iraq-has-become-a-death-trap-for-gay-men/.
BBC Two, World Service: News, “BBC World Service investigation with Newsnight reveals systematic deadly persecution of homosexuals in Iraq” (September 12, 2012), available at:
http://www.bbc.co.uk/mediacentre/latestnews/2012/newsnight-iraq-gay.html.
BBC News: Middle East, “Witch-hunt in Iraq” (September 11, 2012), available at:
http://www.bbc.co.uk/news/world-middle-east-19557895.
HuffPost: Gay Voices, “Iraq’s Gay And Lesbian Community Being Targeted By Death Squads: Report” (March 6, 2012), available at:
http://www.huffingtonpost.com/2012/03/06/iraq-gay-and-lesbian-community-death-squads_n_1324905.html.
SDGLN, “Iraqi death squads once again targeting gays and lesbians” (March 6, 2012), available at:
http://sdgln.com/news/2012/03/06/iraqi-death-squads-once-again-targeting-gays-and-lesbians.
The Guardian, “Sexual cleansing in Iraq” by Peter Tatchell (September 25, 2008), available at:
http://www.guardian.co.uk/commentisfree/2008/sep/25/iraq.humanrights.