The United States deported a Moroccan lesbian asylum-seeker back to her home country, where consensual same-sex sexual acts are illegal, according to advocates and a review of immigration records. The woman, identified only as Farah, had sought protection in the U.S., citing violence and threats from her family due to her sexual orientation.
In Morocco, Article 489 of the penal code criminalizes "lewd or unnatural acts with an individual of the same sex," punishable by six months to three years imprisonment and a fine. While prosecutions are not always systematic, the law fosters an environment where LGBTQ individuals face discrimination, harassment, and potential violence.
U.S. immigration courts denied Farah's asylum claim. Her subsequent deportation highlights ongoing challenges for LGBTQ asylum seekers navigating a complex U.S. system, where proving a well-founded fear of persecution based on membership in a particular social group remains a high legal bar. Advocates argue the deportation to a country with criminalizing laws puts individuals at serious risk.
The case underscores tensions in U.S. asylum policy. While guidelines recognize persecution based on sexual orientation, applicants must demonstrate their home government is unable or unwilling to control the persecutors. Farah's argument centered on familial violence, which the court found did not meet the required standard for asylum protection.
