LGBTQ+ Asylum Seekers and Third-Country Removals: Know Your Rights (2026)
Updated in February 2026
Third country removal asylum policies have gained renewed attention in 2026, particularly for LGBTQ+ asylum seekers who may face persecution if transferred to countries where same-sex relationships are criminalized.
In February 2026, the United States government removed a 21-year-old Moroccan lesbian asylum seeker to a third country despite a federal immigration judge’s order prohibiting her removal to her country of origin. She is among dozens of asylum seekers, many of them LGBTQ+, who have been transferred to countries with which they have no prior connection, including states where same-sex relationships are criminalized.
This developing practice has prompted legal challenges, international scrutiny, and urgent concerns regarding due process, compliance with court orders, and the safety of LGBTQ+ migrants.
Background: February 2026 Developments
The woman, identified in media reports as Farah, left Morocco in early 2025 after her family became aware of her relationship with another woman. She and her partner traveled through multiple countries before seeking asylum at the U.S. border.
Farah was detained for nearly a year in immigration custody. In August 2025, a U.S. immigration judge issued an order prohibiting her removal to Morocco, finding that deportation there could place her at risk of persecution due to her sexual orientation. Under Moroccan law, consensual same-sex conduct is criminalized and may carry a prison sentence.
On February 20, 2026, U.S. Immigration and Customs Enforcement (ICE) transferred Farah to Cameroon, a country she had never previously entered and where same-sex relationships are also criminalized. She was reportedly detained in Yaoundé before ultimately being returned to Morocco. According to media reporting, she is currently in hiding.
An immigration attorney representing affected individuals stated that several of the people transferred on the first flight to Cameroon had received judicial protection orders limiting removal to specific countries. Additional transfers have reportedly followed. Public reporting indicates that the U.S. government has entered or is negotiating multiple third-country agreements.
What Is Third-Country Removal?
Third-country removal refers to the practice of transferring a noncitizen to a country other than their country of nationality or last habitual residence, typically pursuant to bilateral or multilateral agreements.
Reported partner countries have included Cameroon, South Sudan, Rwanda, Uganda, Eswatini, Ghana, and Equatorial Guinea. In some instances, financial or diplomatic arrangements have been reported in connection with such agreements.
Advocates argue that third-country removals may raise concerns under U.S. statutory law and international refugee and human rights law, particularly where individuals are not provided meaningful notice or an opportunity to challenge transfer to a country where they may face persecution, torture, or onward refoulement (return to a place of danger).
The Department of Homeland Security has stated that it is implementing removal orders consistent with U.S. immigration law.
Current Legal Landscape
On February 26, 2026, a federal district court in Massachusetts ruled that aspects of the third-country removal policy were unlawful, finding that affected individuals are entitled to meaningful notice and an opportunity to object before transfer. The court provided a period for appeal.
The legal status of third-country removals remains unsettled. In 2025, the U.S. Supreme Court permitted at least one transfer to proceed while related litigation was ongoing. Multiple federal courts are currently reviewing different elements of the policy.
Heightened Risks for LGBTQ+ Asylum Seekers
LGBTQ+ asylum seekers may face increased vulnerability in the context of third-country removal.
Several countries reported to have entered agreements with the United States criminalize consensual same-sex conduct. In Cameroon, for example, same-sex relationships may be punishable by imprisonment. Human rights organizations have documented concerns regarding detention conditions and treatment of deportees in certain facilities.
Transgender and non-binary asylum seekers may face additional risks where identity documents do not align with local legal recognition frameworks, or where restrictive gender laws increase exposure to harassment, detention, or violence.
For individuals fleeing countries where severe penalties — including long-term imprisonment or capital punishment — are imposed for same-sex conduct, transfer to a third country may create a risk of onward removal to the country of origin, potentially implicating the principle of non-refoulement.
You May Be Affected,
If you are concerned about potential removal to a third country:
- Consult an immigration attorney with experience in asylum and LGBTQ+ protection claims as soon as possible.
- Maintain copies of all immigration court orders, notices, and filings.
- If removal appears imminent, your attorney may seek an emergency stay from the Board of Immigration Appeals or the appropriate federal court.
If you are in immigration detention, you have the right to consult with an attorney before signing documents.
Frequently Asked Questions (FAQs)
The legality of third country removal asylum transfers is currently being reviewed by several federal courts.
Can I be removed to a country I have never lived in?
Under current policy, third-country transfers have been carried out pursuant to international agreements. However, federal courts are reviewing whether individuals must receive advance notice and an opportunity to challenge such transfers.
What is a protection order in immigration proceedings?
It is a ruling by an immigration judge that prohibits removal to a specific country because the individual would likely face persecution or torture there.
Is third-country removal currently lawful?
Its legality is being litigated. Court rulings have both limited and temporarily permitted aspects of the practice while appeals proceed.
What should I do if removal appears imminent?
Contact legal counsel immediately. Do not sign documents without understanding their legal consequences. If you have an order limiting removal, ensure your attorney has access to it and is prepared to act quickly.