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 Priority 4 (P-4) referral partners under the Welcome Corps initiative. b) Make Rainbow Railroad referral partners for Priority (P-1) referrals through the Equitable Resettlement Access Consortium (ERAC) or other trusted partner agreement.

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)

Consistent with the policy set forth in section 1 of this order and to facilitate this order’s effective and expeditious implementation: 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. There is one particular section that articulates the need to improve upon existing efforts for vulnerable LGTBQI+ refugee protection to ensure equitable access for resettlement opportunities.6

Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers. LGTBQI+ 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 LGTBQI+ 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 LGTBQI+ 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.

Building on the momentum and directives of these executive orders, Rainbow Railroad believes that comprehensive and flexible approaches can provide key avenues for LGBTQI+ migrants. Rainbow Railroad calls on the U.S. government to leverage Priority 4 (P-4) and the ERAC as mechanisms to prioritize access to resettlement pathways for atrisk LGBTQI+ refugees.

PRIORITY REFERRALS FOR LGBTQI+ MIGRANTS

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 aforementioned memorandum also specifically commits to enhancing the Department of State’s ongoing efforts to ensure that LGTBQI+ refugees and asylum seekers have equal access to protection and assistance.

The Equitable Resettlement Access Consortium (ERAC) is led by HIAS in partnership with RefugePoint and the International Refugee Assistance Project (IRAP). ERAC partnered with the Department of State’s Bureau of Population, Refugees, and Migration (PRM) to facilitate Priority 1 (P-1) referrals by non-governmental organizations directly to the U.S. Refugee Admissions Program (USRAP). The goal of ERAC is to increase equitable access to the USRAP for highly vulnerable refugees in need of resettlement, complementing other referral mechanisms. 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 partnership agreement.

The Welcome Corps is a pilot program for the private sponsorship of refugees 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. 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. In order 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. 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, and 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 on queer-sensitive verification and LGBTQI+ evacuation, be provided the ability to engage with the P-4 referral process in order to protect marginalized LGBTQI+ persons abroad and ensure the program is inclusive, diverse and equitable.

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:

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