U.S. Immigration and Customs Enforcement (ICE) has stopped reporting the number of transgender individuals in its custody, a move that advocates argue undermines the safety of queer individuals within the increasingly strained immigration detention system. The Vera Institute for Justice revealed that this change occurred in February 2023, shortly after former President Donald Trump took office, effectively eliminating a requirement from 2021 that mandated the agency disclose these statistics.
This decision coincides with a broader rollback of protections for transgender individuals within immigration detention. In recent months, ICE has modified its contracts with detention facilities to reduce care standards for transgender individuals and removed a guidance memo from 2015 that outlined treatment protocols for trans migrants. This memo was originally authored by Thomas Homan, who now serves as the border czar under Trump. Additionally, an executive order instituted by Trump mandates that individuals in federal facilities, including immigration centers, be housed according to their sex assigned at birth.
Experts, including Noelle Smart, principal research associate at the Vera Institute, emphasize that the lack of reported data mirrors a troubling trend where ICE has effectively erased the existence of vulnerable individuals, complicating advocacy efforts. Smart stated, “The harms of anti-immigrant and anti-trans policies and the harms of detention that are worsening under this administration are just all being compounded, and at a time where we have even less access to just the most basic statistics.”
Neither the Department of Homeland Security nor ICE responded to requests for comment regarding these changes.
Concerns regarding the lack of data extend beyond mere statistics. Advocacy groups assert that the absence of transparent reporting signals an attempt by the Trump administration to evade accountability during a period marked by escalating mass detentions, supported by increased funding and the involvement of for-profit prison companies.
A report from Immigration Equality, a nonprofit organization that aids LGBTQIA+ and HIV-positive migrants, highlighted the severe abuse faced by queer individuals in federal immigration detention. Findings indicated that these individuals often endure physical and sexual abuse, solitary confinement, and inadequate medical care, including the denial of HIV treatment. Bridget Crawford, director of law and policy at Immigration Equality, noted that many of their cases involve LGBTQ+ or HIV-positive individuals who are fleeing persecution and violence in their home countries.
“The vast majority of our cases are for LGBTQ+ or HIV-positive people,” Crawford explained. “The types that you just see across the board from so many places are incredibly high levels of torture, sexual abuse, sexual violence from families and communities.” She also underscored the trauma experienced by those who have previously faced imprisonment in their countries due to their sexual orientation or gender identity.
In addition to the dangers faced by individuals within the U.S., experts warn that the Trump administration’s policies are exacerbating risks for LGBTQIA+ individuals abroad. The executive order pausing refugee resettlements has left many fleeing violence without safe options. Immigration Equality’s recent report details the harrowing experiences of individuals such as a lesbian couple from Afghanistan escaping the Taliban, a gay Ugandan man seeking refuge in Kenya, and a stateless trans woman trapped in Saudi Arabia. The report also recounts the tragic story of Camilla, a Somali trans woman who endured six years of abuse in a conversion camp in Kenya before being murdered shortly after the U.S. halted resettlement efforts in January.
Crawford recounted that another individual was also murdered in Uganda amid these escalating threats. In light of such perilous circumstances, many potential refugees now view the U.S. as a less desirable destination. Senna Seniuk from Rainbow Railroad noted, “For folks who have some level of choice about where they may be able to safely get to, I would say that the U.S. is a lower priority.”
Mainstream media coverage of the challenges faced by LGBTQIA+ migrants began to gain traction in 2018, following the tragic death of Roxana Hernández, a trans woman who died in ICE custody. Hernández, who was just 33 years old, died from AIDS-related complications after being denied necessary medical treatment.
“Paired with the abuse we know transgender people regularly suffer in ICE detention, the death of Ms. Hernández sends the message that transgender people are disposable and do not deserve dignity, safety, or even life,” stated Isa Noyola, deputy director of the Transgender Law Center, following Hernández’s death.
Reports of mistreatment continue to surface, highlighting ongoing abuses faced by transgender individuals in detention. Earlier this year, a trans woman at Guantánamo Bay reported being forced to shower and use the bathroom in front of male personnel while being denied contact with family and legal representation. Additionally, another trans woman filed a lawsuit against immigration officials in New York after claiming she was denied medical treatment and placed in solitary confinement before being housed with cisgender men who harassed her.
The case of Andry Hernández, a gay Venezuelan asylum-seeker wrongly labeled as a gang member and held in an El Salvador prison, underscores the dangers posed by current immigration policies. After months of suffering in the notorious facility, Hernández was released in July as part of a prisoner swap but now finds himself back in Venezuela, facing the same homophobic violence he originally fled.
The situation for LGBTQIA+ migrants in the U.S. remains precarious, and the lack of transparency in reporting and accountability raises significant concerns for advocates and communities alike. As ICE continues to withhold crucial data, the safety and dignity of countless individuals hang in the balance.
