US: LGBTQ migrants with HIV face systemic failures and neglect in U.S. custody

Queer, Undocumented and HIV Positive

The current political climate is making immigrants feel unwelcome in America.

Immigration continues to be a hot-button issue in the United States. Whether they are seeking asylum from a violent region of the world or coming here for a better life for your family, immigrants (specifically non-white immigrants) face a host of challenges.

LGBTQ immigrants living with HIV, face downright Sisyphean challenges. Undocumented people can’t access any health services without paying out of pocket, which can be monumentally expensive. Even if they are welcomed at a clinic, it’s possible that no one there will be able to speak their language or understand their culture. And currently, there’s the added risk that Immigration and Customs Enforcement (ICE) officers may be staking out the place.

If an LGBTQ person and/or a person living with HIV is taken to jail, it’s very likely that they’ll suffer abuse. A 2024 study published by Immigration Equality, the National Immigrant Justice Center (NIJC) and Human Rights First reports that ICE and Customs and Border Patrol (CBP) agents at detention centers regularly abuse queer people and people living with HIV who are in their custody.

The study reported that one third of the participants experienced sexual, physical and mental abuse and sexual harassment, while nearly all reported incidents of verbal abuse and threats of violence. A quarter of the participants in the study reported being separated from loved ones, whether a partner, a spouse or sibling, and half of those in the study were kept in solitary confinement. Many had to scramble to find legal representation and sometimes were denied access to their attorney.

Most detainees also stated that they were given inadequate medical care or denied care altogether. Of the detainees living with HIV, most reported neglect or denial of HIV care. Nearly half reported suffering mental health problems, including panic attacks, flashbacks and self-harm. More than half stated that their HIV status, gender identity, sexual orientation, medical or other confidential information was disclosed without their consent.

More disturbing is the fact that many of those immigrants came here seeking amnesty, fleeing violence or other harsh ramifications in their homeland for simply being queer or because they’re living with HIV.

People living with HIV who are trying to emigrate to the United States cannot be denied entry based on their HIV status. (In 2010, President Obama lifted the “HIV ban” that had been in effect for 22 years.) Also, no one can be denied entry solely based on their sexual or gender identity.

As U.S. HIV and LGBTQ communities strive to keep healthy and safe, they must also remember those who need extra protection and care. Our arms must be big enough to hold fast to those who are extra vulnerable.