Roadblocks for rainbow refugees - Diaspora official says ‘gay card’ may not help US asylum seekers

April 16, 2025

Over the years, some heterosexual Jamaicans seeking asylum in the US have feigned being members of the LGBT community, claiming that they are fearful of being persecuted by their countrymen.

However, vice-chair and USA West-Midwest representative for the Global Jamaica Diaspora Council, Shauna Chin, says 'crying gay' may not always work in the favour for the asylum seeker.

"Each situation will be different and it depends on what you are claiming. In the past you could say that because you are gay you are in fear for your life, but now that situation does not really fly as much and you will have to prove immediate risks to your life. Sometimes the burden of proof is loose, so you don't get approved," she said.

As President Donald Trump's second administration took office, he signed several executive orders, some of which have negatively impacted members of the LGBT community, rolling back certain protections. Among them, Trump ordered a ban on all transgender personnel from serving in the military during his presidency. He also signed an order that the federal government would only recognise only two immutable sexes, male and female.

Meanwhile, as the push to clamp down on the arrival of illegals and the undocumented continues, Chin said there may be still hope for Jamaican asylum seekers in the USA.

"Some people go through the border without getting caught, and I don't know if I should say this, but the truth is that you would want to get caught, because if you don't get caught at the border then you will be looking over your shoulder the entire time. When you get caught at the border, they don't send you back right away, and in that process they will give you a stamp of landing and you will get a case assigned," Chin said.

She stated that all the policies that are currently being applied regarding the undocumented are not new, but said they were more relaxed.

"These laws were all here before and what the president is doing is enforcing them. But what I will say though is that recently, he has been adding on additional things," she said.

"Once there were a lot of resources that were available. Even during COVID, persons who were undocumented were able to get up to US$1,200 (approximately J$188,496) and there were organisations who would fund housing and food for them."

Chin says for the past four years, the Diaspora Council has been preparing the undocumented individuals for adjusting their status in order to remain legally in the US.

"If they have to be removed, then accommodations would be put in place for when they are returned to Jamaica," she said. "For those who are seeking asylum immigration, [the authorities] will want to know if you are able to be hired and if you have a skill. If you don't have a skill, then most likely you will be dependent on the state's resources and that is what they are trying to prevent," Chin said.

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