Partnering with Rainbow Railroad: Recommendations for US Policy-Makers

PARTNERING

RAINBOW RAILROAD

WITH RECOMMENDATIONS FOR U.S. POLICY-MAKERS

Overview

Our Priority Recommendation

The Case for Partnership with Rainbow Railroad About Rainbow Railroad References

ACRONYMS

ERAC

IDP

LGBTQI+

NGO

OHCHR

P-1

P-4

RCUSA

SOGIESC UNHCR USRAP

Equitable Resettlement Access Consortium

Internally Displaced Person

Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Plus

Non-Governmental Organization

Office of the United Nations High Commissioner for Human Rights

Priority 1 Refugee Referral

Priority 4 Refugee Referral

Refugee Council USA

Sexual Orientation, Gender Identity and Expression and Sex Characteristics

United Nations High Commissioner for Refugees

United States Refugee Admissions Program

3 4 7 8 9

OVERVIEW

It is our goal to build new pathways to safety for LGBTQI+ persons fleeing persecution and violence worldwide through direct partnership with the U.S. government.

Of the more than 100 million forcibly displaced persons around the world, many face persecution related to sexual orientation, gender identity and expression, and/or sex characteristics (SOGIESC) and are currently living in countries that criminalize same-sex intimacy. Persecuted in both their country of origin and transit countries, LGBTQI+ individuals face disproportionate legal, social, and economic discrimination. At the same time, expedited resettlement options to the United States are limited. Systemic barriers such as limitations in access to refugee status determination (RSD) services, violence and harassment in camp settings1, and a lack of trauma-informed approaches to working with LGBTQI+ survivors of gender-based violence2 prevent LGBTQI+ individuals from accessing traditional refugee assistance in transit countries.

Nearly 70 countries criminalize same-sex behavior, and no less than 58 criminalize gender diversity.3 These laws—which are often a legacy of colonization—are powerful tools of repression and extortion. As a consequence, LGBTQI+ people are routinely arrested and denied basic human rights, and are often brutally attacked, tortured or even murdered. The COVID-19 pandemic only exacerbated this situation. Global efforts to contain the novel coronavirus through lockdowns and border closures compounded the impact on those fleeing persecution and seeking refuge, disproportionately affecting LGBTQI+ individuals around the world.4 As commonly occurs during times of crisis, Rainbow Railroad continues to witness an increase in requests for help as a result of state-sponsored crackdowns and community-led violence on LGBTQI+ people.

In the spirit of the Underground Railroad, Rainbow Railroad’s mission is to help persecuted LGBTQI+ individuals as they seek a safe haven from state enabled harassment and violence. At a time when there are more displaced people than ever before, LGBTQI+ people are uniquely vulnerable due to systemic, state-enabled homophobia and transphobia. These factors lead to either displacement in their own country or prevent them from escaping harm. As a result of Rainbow Railroad’s action, more LGBTQI+ individuals have been able to access lives free from persecution.

OUR PRIORITY RECOMMENDATION

Rainbow Railroad calls on the Biden-Harris Administration and the U.S. Congress to address the global refugee crisis (one that disproportionately affects LGBTQI+ persons) comprehensively, using relevant laws, policies and legislation.

Our recommendation is as follows:

Allow LGBTQI+ refugee organizations such as Rainbow Railroad to directly refer LGBTQI+ refugees to the United States.

To implement this recommendation, there are two existing policy mechanisms we ask the US government to consider:

a) Make Rainbow Railroad referral partners for Priority (P-1) referrals.

b) Make Rainbow Railroad Priority 4 (P-4) referral partners under the Welcome Corps initiative.

In February 2021, President Biden issued an Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, calling on federal agencies to expand the United States Refugee Admissions Program (USRAP). There are two specific sections that speak to our goal of being an official referring partner for resettlement:5

Sec

1. (g)

My Administration shall seek opportunities to enhance access to the refugee program for people who are more vulnerable to persecution, including women, children, and other individuals who are at risk of persecution related to their gender, gender expression, or sexual orientation.

Sec 4. (a)

The Secretary of State, in consultation with the Secretary of Homeland Security, shall consider ways to expand mechanisms under which nongovernmental organizations with direct access to and knowledge of refugees abroad in camps or other settings could identify and directly refer to USRAP particularly vulnerable individuals who have a strong possibility of qualifying for admission to the United States as refugees.

In February 2021, President Biden also issued a Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World One particular section highlights the need to improve existing efforts for vulnerable LGBTQI+ refugee protection to ensure equitable access to 6 resettlement opportunities.

Sec 2.

Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers. LGBTQI+ persons who seek refuge from violence and persecution face daunting challenges. In order to improve protection for LGBTQI+ refugees and asylum seekers at all stages of displacement, the Departments of State and Homeland Security shall enhance their ongoing efforts to ensure that LGBTQI+ refugees and asylum seekers have equal access to protection and assistance, particularly in countries of first asylum. In addition, the Departments of State, Justice, and Homeland Security

shall ensure appropriate training is in place so that relevant Federal Government personnel and key partners can effectively identify and respond to the particular needs of LGBTQI+ refugees and asylum seekers, including by providing to them adequate assistance and ensuring that the Federal Government takes all appropriate steps, such as potential increased use of Embassy Priority-1 referrals, to identify and expedite resettlement of highly vulnerable persons with urgent needs.

PRIORITY 1REFUGEE REFERRALS UNDER THE EQUITABLE RESETTLEMENT ACCESS CONSORTIUM (ERAC)

President Biden has pledged to ensure LGBTQI+ refugees and asylum seekers have access to necessary services and protections. He has also promised that federal agencies will be trained to identify and respond to the particular needs of LGBTQI+ refugees and asylum seekers, including expediting services for LGBTQI+ people who may be targeted by violence or are under threat in their home countries. Biden’s previously mentioned memorandum also specifically commits to enhancing the Department of State’s ongoing efforts to ensure that LGBTQI+ refugees and asylum seekers have equal access to protection and assistance.

To this end, the Department of State’s Bureau of Population, Refugees, and Migration (PRM) created a new program, the Equitable Resettlement Access Consortium (ERAC). ERAC is led by a consortium of 3 International NGOs. In close coordination with PRM and UNHCR, ERAC’s intent is to establish a pipeline of credible referrals by identifying and training additional NGO partners,thereby expanding the USRAP’s reach to particularly vulnerable populations. The Biden administration has the opportunity to ensure that LGBTQI+-led organizations are fully included in ERAC through establishing Rainbow Railroad as a full ERAC NGO partner or by designating Rainbow Railroad as a trusted referral partner for P-1 referrals through a direct partnership agreement.

PRIORITY 4 REFUGEE REFERRALS UNDER THE WELCOME CORPS INITIATIVE

On January 19, 2023, the US government introduced a private sponsorship program for refugees, presenting an important opportunity for Rainbow Railroad to bring more LGBTQI+ refugees to the United States. The Welcome Corps was launched by the Department of State’s Bureau of Population, Refugees, and Migration, in partnership with a consortium of six organizations led by the Community Sponsorship Hub, including Church World Service/ Refugee Welcome Collective, Integrated Refugee and Immigrant Services (IRIS), International Refugee Assistance Project (IRAP), International Rescue Committee (IRC), and Welcome.US. Rainbow Railroad has stepped up to join the Welcome Corps as a private sponsorship organization (PSO).

PARTNERING WITH RR • OUR PRIORITY RECOMMENDATION

Community sponsorship programs operate as public-private partnerships and include a variety of stakeholders, such as national governments, local authorities, the United Nations High Commissioner for Refugees (UNHCR), local civil society organizations, and individual citizens. This intentional approach of engaging various stakeholders in refugee settlement can improve integration outcomes, strengthen local communities, and expand pathways to protection. Sponsors commit to providing emotional, financial, and integration support for a designated period of time as refugees adjust to life in a new country. In the first phase of the program, sponsorship will be limited to refugees in the existing USRAP database. In the second phase of the program, Welcome Corps will expand to allow private sponsors to identify refugees in need of protection, and refer refugee applicants for consideration to the USRAP. At this point, PSOs, such as Rainbow Railroad, can identify LGBTQI+ refugees from our own internal database who wish to resettle in the United States.

Being included within the Priority 4 (P-4) referral process, to be introduced during Phase 2 of the Welcome Corps initiative, would allow Rainbow Railroad to directly refer verified LGBTQI+ case individuals in need of longer-term resettlement through the private sponsorship of refugees. Identification of LGBTQI+ refugees prior to resettlement is vital because not only will it ensure full utilization of specialized private sponsor groups (PSGs) and minimize sponsorship breakdowns, but most importantly, it will make for a safer resettlement experience for queer refugees. Therefore it is integral to the success of Welcome Corps that Rainbow Railroad, a global leader in queer-sensitive verification and LGBTQI+ evacuation, be provided with the ability to engage with the P-4 referral process to protect marginalized LGBTQI+ persons abroad and ensure the program is inclusive, diverse and equitable.

The Welcome Corps presents an important opportunity for the United States to step up and demonstrate to the world that private sponsorship is an effective response to the global refugee crisis. To maximize the benefits of this program, and set a precedent for other nations seeking to adopt this model, careful consideration for LGBTQI+ refugees is needed. Rainbow Railroad has extensive experience with private sponsorship in Canada. Since 2015, we’ve connected dozens of LGBTQI+ refugees with LGBTQI+ community partners, organizers, and volunteers, which we refer to as “communities of care.” Rainbow Railroad has long advocated that LGBTQI+ refugees have distinct settlement needs, and communities of care are uniquely equipped to help individuals connect to local queer-sensitive resources and networks.

We urge the Biden-Harris Administration to leverage P-4 Referrals and ERAC or other trusted partner agreements for P-1 referrals as mechanisms to protect and expedite LGBTQI+ refugee resettlement.

The Department of State should take the following actions to protect LGBTQI+ refugees:

• Ensure that LGBTQI+-led organizations are fully included in ERAC or through other trusted partner agreements for P-1 referrals, and make Rainbow Railroad a partner specializing in the protection of LGBTQI+ forced migrants.

• Make Rainbow Railroad a P-4 Referral Partner through the Welcome Corps Initiative to ensure the inclusion and safety of verified LGBTQI+ refugees.

THE CASE FOR PARTNERSHIP WITH RAINBOW RAILROAD

Providing emergency travel to LGBTQI+ people facing imminent danger is our core method of work. This involves three key steps:

1.VERIFICATION: We verify each case, learn about the circumstances of the individual facing persecution and begin determining how we can help.

2. RESEARCH AND SUPPORT: We research possible routes to safety and connect with local contacts who provide logistical support. This includes providing support to the individual in-country (e.g. safe houses).

3.TRAVEL: We provide travel to a safer country where the person’s basic rights and freedoms will be upheld. Upon arrival, we provide limited, shortterm support to help people settle in.

On top of emergency travel, Rainbow Railroad provides safety to LGBTQI+ people around the world in five additional ways:

1.Lifesaving support to individuals in imminent danger, which includes accommodations, medical care, access to essential medicines and relocation to another region of the country.

2.Direct support of LGBTQI+ partner organizations, including capacity building and livelihood support to human rights defenders (HRDs), organizations and collectives in countries where people are displaced.

3.Emergency responses to anti-LGBTQI+ crackdowns, including monitoring and responding to mass detentions and/or arrests of LGBTQI+ persons.

4. Providing essential information to LGBTQI+ people at risk, including nonmonetary resources and counsel to LGBTQI+ people facing violence and persecution.

5.Arranging private sponsorship of refugees and pursuing other complementary pathways to safety.

Partnering with organizations that have speci�c �nowledge and e�perience wor�ing on LGBTQI+ human rights issues is a key aspect of making policies effective and operational, and integral to ensuring P-4 and private sponsorship referrals are equitable and inclusive for LGBTQI+ persons.

Given the unique vulnerabilities of persecuted LGBTQI+ persons, and Rainbow Railroad’s capacity to relocate LGBTQI+ persons facing imminent danger, we are equipped to enter a referring partnership that incorporates lessons learned from previous interventions. In recent years, Rainbow Railroad has operated as a trusted direct referral partner of LGBTQI+ refugees in response to a number of international crises. In 2017, we collaborated closely with governments to support the relocation and resettlement of at-risk LGBTQI+ Chechens during the government crackdown targeting queer people. Since August 2021, we have been supporting LGBTQI+ Afghans fleeing the Taliban, and our role in Afghanistan saw us directly refer approximately 200 persons to the US government to ultimately resettle in Canada. Through both ERAC and the Welcome Corps program, Rainbow Railroad will facilitate the inclusion of LGBTQI+ individuals into longer-term private sponsorship resettlement solutions and ensure the protection of vulnerable LGBTQI+ refugees.

Rainbow Railroad is best equipped to represent LGBTQI+ persons facing persecution in the global south because for over 15 years we have mapped local LGBTQI+-inclusive and led service providers and community spaces to ensure the targeted identification of atrisk persons. Our in-country implementing partners provide a range of protection-based programming, including: comprehensive case management services, core protection, shelter, and CVA (cash & voucher assistance), external referrals to protection actors, and an emergency response fund for timely response to unforeseen situations given the prevalence of anti-LGBTQI+ legal and social hostility in target countries.

ABOUT RAINBOW RAILROAD

Rainbow Railroad was founded in 2006 and currently fields 10,000 requests for help each year. Overtime we have developed a robust case management, triage and verification process. Our work is rooted in community collaboration on the ground and over the years, we have formed partnerships and provided funding support to dozens of LGBTQI+ organizations worldwide. In recent years, a number of crackdowns targeting LGBTQI+ people have occurred in Azerbaijan, Brunei, Egypt, Hungary, Tanzania and Uganda, among others. Rainbow Railroad has responded by providing emergency assistance and helping to relocate persons at risk, as well as support for civil society groups on the front lines. Rainbow Railroad is a member of nearly every major international LGBTQI+ network, including board membership at ILGA and membership at the Commonwealth Equality Network, the Equal Rights Coalition, the Dignity Network and the Council for Global Equality. We are also leaders in Canadian and US refugee coalitions including being Steering Committee members of From Border to Belonging in Canada where we helped drive the private sponsorship program of LGBTQI+ refugees, and we are Board Members of Refugee Council USA (RCUSA).

REFERENCES

1. https://www.rainbowrailroad.org/news/rainbow-railroad-and-oram-release-report-onlgbtqi-refugees-in-kakuma-refugee-camp-kenya

2. https://www.refworld.org/pdfid/5a38dfe64.pd

3. https://ilga.org/state-sponsored-homophobia-report-2020-global-legislation-overview

4.OHCHR, “COVID-19: The Suffering and Resilience of LGBT Persons Must Be Visible and Inform the Actions of States,” news release, May 17, 2020, https://www.ohchr.org/EN/ NewsEvents/Pages/DisplayNews.aspx?NewsID=25884&LangID=E

5. https://www.whitehouse.gov/briefing-oom/presidential-actions/2021/02/04/executiveorder-on-rebuilding-and-enhancing programs-to-resettle-refugees-and-planning-for-theimpact-of-climate-change-on-migration/

6. https://www.whitehouse.gov/briefing-oom/presidential-actions/2021/02/04/ memorandum-advancing-the-human-rights-of-lesbian-gay-bisexual-transgender-queerand-intersex-persons-around-the-world/