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Shelters for LGBTQ asylum seekers on Mexico-US border ‘overwhelmed’

Nearly 50 people living at Jardín de las Mariposas in Tijuana

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The view from the backyard of Jardín de las Mariposas, a shelter for LGBTQ asylum seekers in Tijuana, Mexico, in late May 2021. (Photo courtesy of Jon Atwell/Alight)

Editor’s note: International News Editor Michael K. Lavers was on assignment for the Washington Blade in Mexico, Honduras and El Salvador from July 11-25.

TIJUANA, Mexico — Marvin is a 23-year-old gay man from Dulce Nombre, a municipality in Honduras’ Copán department.

He left Honduras with a migrant caravan on Jan. 13, 2020, in order to escape the discrimination he said he would have suffered if his family and neighbors knew he is gay. Marvin spent eight months in the custody of Mexican immigration officials until they released him last November.

He was in the Mexican border city of Tijuana in April when a cousin told him his younger brother had been murdered. Marvin, who is currently living at Jardín de las Mariposas, a shelter for LGBTQ asylum seekers in Tijuana, began to sob when the Blade saw a picture of his brother’s body in the morgue in San Pedro Sula, Honduras’ second-largest city.

“He didn’t mess with anyone,” said Marvin.

Marvin is one of 47 people who were living at Jardín de las Mariposas when the Blade visited it on July 12. The shelter’s maximum capacity is 40.

A lesbian woman who asked the Blade not to publish her name said she fled El Salvador in January after MS-13 gang members threatened to kill her because she could not pay them the money they demanded from her. She said members of 18th Street, another gang, attacked her son after he refused to sell drugs.

“They hit him very hard; very, very hard,” the lesbian woman told the Blade at Jardín de las Mariposas, speaking through tears.

Olvin, a 22-year-old gay man from El Progreso, a city in Honduras’ Yoro department, left the country in January.

He said he and his partner of three years lived together in Tapachula, a city in Mexico’s Chiapas state that is close to the country’s border with Guatemala, for several months. Olvin said gang members threatened them and they suffered discrimination because of their sexual orientation.

Olvin told the Blade he rescued his partner from an apartment building one night after he refused to sell drugs, and they ran to a nearby park. Olvin, who was crying when he spoke with the Blade at Jardín de las Mariposas, said he left Tapachula a few days later without his partner.

Olvin arrived at the shelter a few hours before the Blade visited. He said he wants to ask for asylum in the U.S.

“I want to live in a safe place,” said Olvin.

Kelly West is a transgender woman who fled discrimination and persecution she said she suffered in Jamaica.

She flew to Panama City and then to Mexican city of Guadalajara before she arrived in Tijuana on June 16. West said she and a group of eight other LGBTQ asylum seekers tried to “run over the line at the border” between Mexico and the U.S., but Mexican police stopped them.

“We had to run for our lives,” West told the Blade at Jardín de las Mariposas. “I even ran without my shoes. I jumped over a bridge.”

She said she and three of the other asylum seekers with whom she tried to enter the U.S. went to another shelter for LGBTQ asylum seekers in Tijuana, but it was full. West said the shelter referred them to Jardín de las Mariposas.

“I really like it here,” she told the Blade. “Here I can be who I want, I can dress how I want to. I can wear my heels, I can wear my hair. I can just be feminine everyday.”

Kelly West, a transgender woman from Jamaica who has asked for asylum in the U.S., speaks at Jardín de las Mariposas, a shelter for LGBTQ migrants in Tijuana, Mexico, on July 12, 2021. (Washington Blade photo by Michael K. Lavers)

Jaime Marín, who runs Jardín de las Mariposas with his mother, Yolanda Rocha, noted some residents were sleeping in a tent in the backyard because the shelter is over capacity.

“We’re overpopulated with a lot of residents,” Marín told the Blade.

Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the coronavirus pandemic, remains in place.

Vice President Kamala Harris and other administration officials have publicly acknowledged that violence based on sexual orientation and gender identity is one of the “root causes” of migration from Honduras, El Salvador and Guatemala. The White House has told migrants not to travel to the U.S.-Mexico border, but Marín said the number of people who have traveled to Tijuana since President Biden took office has increased dramatically.

The previous White House forced tens of thousands of asylum seekers to pursue their cases in Mexico under its Migrant Protection Protocols program. The Biden administration on June 1 officially ended MPP.

“The process has been easier, which means they’re no longer staying months or years,” Marín told the Blade. “They submit their application, let’s say today, and they get a response for a date in two weeks. They’re basically in the United States within a month.”

Marvin hopes to use the picture of his brother’s body in the morgue and Honduran newspaper articles about his murder as evidence to support his asylum case. Marvin, however, has yet to find someone to sponsor him.

“My goal … is to go to the United States,” he said.

Marín told the Blade the two other shelters for LGBTQ asylum seekers in Tijuana are also at maximum capacity. Marín said U.S. immigration officials are also “overwhelmed” with new asylum applications.

“It might take a little bit longer than a month because of the number of people that are basically coming and we just have to increase the work we do as well because we are getting a lot more work too,” he told the Blade. “We are overwhelmed as well.”

Fire destroyed lesbian-run Mexicali migrant shelter on July 9

Centro Comunitario de Bienestar Social (COBINA) in Mexicali, a border city that is roughly 2 1/2 hours east of Tijuana, is a group that serves LGBTQ people and other vulnerable groups.

It runs three migrant shelters in the city, which borders Calexico, Calif., in California’s Imperial Valley. An electrical fire that destroyed COBINA’s Refugio del Migrante on July 9 displaced the 152 migrants from Guatemala, El Salvador, Honduras and other countries who were living there.

An electrical fire on July 9, 2021, destroyed a migrant shelter in Mexicali, Mexico, that Centro Comunitario de Bienestar Social (COBINA), a local LGBTQ group, runs. (Photo courtesy of Juan Gutiérrez)

Some of the shelter’s residents were living in COBINA’s offices when the Blade visited them on July 12.

“We need resources to rebuild the shelter, to buy wood, to buy everything that is needed,” COBINA President Altagracia Tamayo told the Blade.

The Organization for Refuge, Asylum and Migration has raised $2,600 for COBINA to use to buy clothes, food and diapers for the displaced migrants and their children. The ORAM funds will also allow COBINA to buy portable air conditioning units. (The temperature in Mexicali was 108 degrees when the Blade reported from there.)

Tamayo told the Blade that COBINA has been working with the U.N. Refugee Agency and the International Organization for Migration to assist the displaced migrants.

Two women and a child who lived in a COBINA-run migrant shelter in Mexicali, Mexico, that burned to the ground on July 9, 2021, were living in COBINA’s offices when the Washington Blade visited them three days later. (Washington Blade photo by Michael K. Lavers)

Jardín de las Mariposas moved into a new house in May. It is less than four miles from El Chaparral, the main port of entry between Tijuana and San Diego.

Alight, formerly known as the American Refugee Agency, recently worked with ORAM to install security cameras and purchase new furniture for Jardín de las Mariposas. They also painted the shelter and a mural, installed solar heaters on the roof, planted plants and renovated the backyard.

This work is part of Alight’s “A Little Piece of Home” initiative that works to improve shelters for migrants and refugees along the border.

“This is beautiful because they are helping us and not letting us down,” Marín told the Blade. “They’re basically giving us hope to continue this fight that we have.”

Bunk beds in one of Jardín de las Mariposas’ bedrooms. (Photo courtesy of Jon Atwell/Alight)
Alight has been working with Jardín de las Mariposas to make improvements to their shelter for LGBTQ asylum seekers in Tijuana, Mexico. (Photo by Jon Atwell/Alight)
Alight has been working with Jardín de las Mariposas to make improvements to their shelter for LGBTQ asylum seekers in Tijuana, Mexico. (Photo by Jon Atwell/Alight)
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Ghana

Ghanaian lawmakers approve anti-LGBTQ bill

Measure that would criminalize allyship awaits president’s signature

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Ghanaian flag (Public domain photo from Pixabay)

Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.

Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.

MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.

The bill awaits his signature.

Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.

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Russia

Nine Russian LGBTQ groups deemed ‘extremist’ banned

Human Rights Watch: authorities ‘intensifying their criminalization’ of queer people

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(Washington Blade photo by Ernesto Valle)

Nine LGBTQ groups in Russia have been banned so far this year after authorities deemed them as “extremist.”

Human Rights Watch on Thursday noted courts in seven regions between March and May banned Coming Out, the LGBT Resource Center, Parni Plus, the Moscow Community Center for LGBT+ Initiatives, Irida, the Russian LGBT Network, the Kallisto movement, T9 NSK, and Center T. Human Rights Watch also pointed out a lawsuit has been filed against the Alliance of Straights and LGBT for Equality.

Parni Plus is an LGBTQ media outlet.

“Russian authorities are intensifying their criminalization of those who provide critical support to the very LGBT people they have systematically persecuted,” said Human Rights Watch Europe and Central Asia Director Hugh Williamson in a press release. “Authorities should vacate all court decisions and criminal convictions based on these spurious ‘extremism’ charges.”

The Kremlin over the last decade has faced global criticism over its crackdown on LGBTQ rights.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it.

The country in January designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization. ILGA World in response to the designation noted Russians who are found guilty of engaging with “undesirable” groups face up to six years in prison.

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China

China’s top court acknowledges anti-LGBTQ discrimination

Postgraduate student petitioned for legal clarification

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(Photo by Aylandy/Bigstock)

China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.

In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.

The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.

The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.

“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”

The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.

“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”

China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.

Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.

Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms. 

Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.

“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”

Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China. 

“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.

Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.

Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.

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