Japanese Sociological Review
Online ISSN : 1884-2755
Print ISSN : 0021-5414
ISSN-L : 0021-5414
Special Issue
Politics of Asylum and the Impact on Sexual Minorities at the Border
Neo-refoulment under the Trump Administration
Haruko KUDO
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2023 Volume 74 Issue 3 Pages 435-450

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Abstract

This paper aims to depict the relationship between international migration and sexuality, analyzing how and where sexual minority refugees and asylum seekers are situated in the politics of asylum. In recent years, sexual minority refugees, collectively called “LGBTIQ + refugees and asylum seekers,” have been internationally recognized as vulnerable individuals in need of protection. However, this study demonstrates, through the case of the United States, that sexual minority refugees are not a homogenous group but rather divided by differences in refugee protection policies and immigration controls, resulting in disparate treatment for some individuals. Particularly, the analysis focuses on the emergence and implications of “neo-refoulement” policies, implemented to prevent the entry of asylum seekers while avoiding violating the international norm of non-refoulement. First, it illustrates how the Migrant Protection Protocols in 2019 and 2020 under the Trump administration introduced a new screening process as well as a push-back measure, making asylum at the border all but impossible. Moreover, it investigates the application of COVID-19 prevention measures under Title 42, revealing how the historical exclusion of sexual minority immigrants has been reactivated as a mechanism for large-scale entry restrictions, framing public health threats as national security concerns. The immigration administration has selectively recognized sexual minority asylum seekers, at times exempting them from border control measures while also strictly limiting their access to protection, often perceiving them as a threat to national security.

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© 2023 The Japan Sociological Society
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