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Limiting refugee admissions could disproportionately impact LGBTQ+ refugees: report

"With LGBT Refugees" protest sign
Stephanie Kenner / Shutterstock.com

A man in Detroit, Michigan holds a protest sign above the crowd that says "With LGBT Refugees" (June 30, 2018).

There are several ways LGBTQ+ refugees could be denied under Trump's new admissions cap.

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Donald Trump's cap on refugee admissions is likely to significantly impact LGBTQ+ people, a new report from the Williams Institute has found.

The Trump administration published a Presidential Determination in the Federal Register on Friday that limits refugee admissions to the U.S. to 7,500 in 2026. This is a 94 percent reduction from the 125,000-person target under Joe Biden, and the 70,000-80,000-person ceilings under Barack Obama and George W. Bush.

There are several ways LGBTQ+ refugees could be denied under Trump's new admissions cap, according to the report.

  • LGBTQ+ refugees are often single adults and frequently flee family persecution, making them ineligible for prioritization through family reunification.
  • LGBTQ+ refugees can also lose priority status or have their claims dismissed outright if officials do not recognize persecution based on sexual orientation or gender identity.
  • If they cannot enter the U.S., LGBTQ+ refugees could be forced to stay in host countries where their identity is criminalized.
  • Prolonged waiting periods could subject LGBTQ+ refugees to economic vulnerability, as they already face steep legal and relocation costs.

At least 61 countries still have laws criminalizing consensual same-sex sexual activity, with punishments ranging from imprisonment to the death penalty. An additional 13 countries have restrictions on gender expression or bans on “cross-dressing."

Under the Biden administration, the Special Envoy for the Advancement of LGBTQI+ Rights had Priority-1 referral authority to refer at-risk LGBTQ+ individuals to be considered for refugee resettlement. Trump has yet to appoint a Special Envoy, and has not indicated he will.

There is also no readily available data on LGBTQ+ refugees, as countries and agencies working with refugees, including the U.S. government, do not systematically collect demographic data that includes sexual orientation or gender identity.

“The lack of reliable data on LGBTQI+ refugees makes the impact of this new cap even harder to measure,” said Ari Shaw, Senior Fellow and Director of International Programs at the Williams Institute. “Without accurate data, policymakers and service providers cannot fully assess or respond to the needs of LGBTQI+ refugees. Consequently, their urgent situations risk being overlooked when allocations are made about who gets resettled.”

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Ryan Adamczeski

Ryan is a reporter at The Advocate, and a graduate of New York University Tisch's Department of Dramatic Writing, with a focus in television writing and comedy. She first became a published author at the age of 15 with her YA novel "Someone Else's Stars," and is now a member of GALECA, the LGBTQ+ society of entertainment critics, and the IRE, the society of Investigative Reporters and Editors. Her first cover story, "Meet the young transgender teens changing America and the world," has been nominated for Outstanding Print Article at the 36th GLAAD Media Awards. In her free time, Ryan likes watching the New York Rangers and Minnesota Wild, listening to the Beach Boys, and practicing witchcraft.
Ryan is a reporter at The Advocate, and a graduate of New York University Tisch's Department of Dramatic Writing, with a focus in television writing and comedy. She first became a published author at the age of 15 with her YA novel "Someone Else's Stars," and is now a member of GALECA, the LGBTQ+ society of entertainment critics, and the IRE, the society of Investigative Reporters and Editors. Her first cover story, "Meet the young transgender teens changing America and the world," has been nominated for Outstanding Print Article at the 36th GLAAD Media Awards. In her free time, Ryan likes watching the New York Rangers and Minnesota Wild, listening to the Beach Boys, and practicing witchcraft.