Transgender asylum seekers are transgender-identifying people seeking refuge in another country due to stigmatization or persecution in their home countries. Because of their gender non-conformity, transgender asylum seekers face elevated risks to their mental and physical health than cisgender asylum seekers or those whose gender identity is the same as their sex assigned at birth, including higher risks of physical and sexual assault, torture, "conversion therapy" practices, and forced isolation. As a result, transgender people face challenges in the asylum process not experienced by others.
As defined in the 1951 United Nations Convention Relating to the Status of Refugees, a refugee or asylum seeker is any "person owing to a well-founded fear of being persecuted for reasons of race, religion ... [or] membership [to] a particular social group [that cannot] avail himself of the protection of that country." In the US, asylum claims made by transgender refugees are considered under the basis of persecution because of their involvement in a particular social group. This requirement means that membership to a social group is not enough in order to claim asylum, but that refugees must prove that they've been persecuted because of their social group's standing in order to be granted refuge. The growing restrictive asylum policies and processes include increased periods of mandatory detention and extended processing times and often require individuals to navigate complex legal procedures, all while proving the persecution they've faced because of their identity. These processes result in high levels of mental and physical distress as refugees navigate the asylum process.
Countries of origin
Transgender persons may have experienced "severe persecution" in the countries they have fled, even where anti-transgender laws do not exist. Regardless of anti-transgender laws, the strict gender norms that exist in many countries, associating masculinity with men and femininity with women, perpetuate the violence faced by transgender refugees. Because transgender people often move away from identifying with their sex assigned at birth, or feel as if their gender is fluid, many transgender refugees face persecution, discrimination, and transphobia in their home countries. The stigmatization and violence faced by this group of refugees can take place in a range of places, including within the home, the workplace, with health care providers, or simply from the general population.
Research shows that transgender individuals experience greater socioeconomic disadvantages, more exposure to traumatic events, and more stressors than cisgender individuals within their home countries. These individuals also often face multiple forms of stigmatization related to their employment, health care access, housing, etc. A document review of asylum applications of Mexican transgender refugees revealed several common themes, focusing on stressors experienced, health consequences of these stressors, and services accessed by transgender asylum seekers. In their place of origin, Mexico, each asylum seeker faced some levels of verbal, physical, and sexual assault, an unstable environment, fear for their safety and security, and economic insecurity.