Abstract
Bias, stereotypes, and antiquated conceptions of sexual orientation erect systemic barriers for lesbian women seeking asylum in the United States. Decision-makers with a limited understanding of LGBTQI+ identities impose expectations that reinforce stereotypes while discrediting applicants’ lived experiences. This results in adverse credibility determinations that distort evidentiary burdens and deny relief to applicants with legitimate claims. This Note examines how fixed conceptions of identity endanger the asylum process for lesbian women fleeing persecution based on their sexual orientation. Proposed solutions include statutory reforms, updated training for asylum officers, and a shift toward evaluating claims through the applicant’s lived experiences rather than preconceived notions. While judicial bias in asylum adjudication has been widely documented, this Note centers on the underexamined experiences of lesbian women within the asylum system.
Recommended Citation
MariaJose De la Hoz,
Frozen Identity: How Rigid Conceptions of Sexuality Endanger Lesbian Asylum Claims,
21
Nw. J. L. & Soc. Pol'y.
387
(2026).
https://scholarlycommons.law.northwestern.edu/njlsp/vol21/iss2/11
