Ask A Lawyer :: What Injustices Do LGBT Immigrants Face Behind Bars

Q - What injustices do LGBT immigrants face behind bars?

Detainment for any immigrant is usually a long process that can be harsh and frightening. However, this process is more hazardous to those in the LGBT community. Mental and physical abuse are commonly suffered by LGBT detainees due to the policies currently in place.

Temporary solutions have been sought out in the form of isolating LGBT detainees, but have little effect on solving the overall problem. This is due to reports of emotional and mental hardships caused by the long periods spent in solitary confinement. If being abused while awaiting decisions on deportation was not bad enough, the LGBT detainees have also reported in many instances that they have difficulties accessing healthcare services because of their sexual orientation. Amongst the treatments being denied from these detainees are required hormone treatments needed to remain healthy.

Solutions to these problems are not cut and dry, but some may have a lasting effect that can save the mental and physical health of LGBT detainees. The U.S. Immigration and Customs Enforcement (ICE) agency should be providing proper healthcare in their detainment facilities that treat detainees in a timely matter. These healthcare services should also include treatments specifically for LGBT detainees as to not discriminate against anyone that may be detained in the ICE facilities. When dealing with the more immediate threats to LGBT detainees, the solutions become more complicated and it has already been determined that solitary confinement is not the proper answer.

Alternatives to detention should receive the same attention in our immigration process that it does in our criminal justice system. Finding the correct alternatives could not only improve the conditions for the LGBT detainees, but for all detained immigrants who can be traumatized, or harmed by this process.

In addition to providing immigration legal counsel to individuals and businesses, attorney Margo Chernysheva is a provider of mediation and arbitration services in Nevada. Visit www.immigrationlawnv.com