‘Rainbow Statelessness’
Stateless LGBTIQ+ persons are generally in a similar position, and likewise
‘find themselves at the intersection of two already marginalized groups’. 47 The
Williams Institute at University of California, Los Angeles, which researches
sexual orientation and gender identity law and public policy, published an estimate
in 2013 of at least 267,000 LGBT-identified adult undocumented immigrants
living in the United States 48 — some of whom may in fact be considered stateless.
This figure is likely a significant under-estimate. Indeed, more recent data shared
with the author by researchers on the same project has documented over 317,000
self-identifying LGBT non-citizens in the state of California alone. 49
Further, a Center for American Progress report highlights challenges faced in
terms of health insurance gaps, 50 employment insecurity and workplace
discrimination, 51 as well as the current lack of roadmap to citizenship for
UndocuQueer individuals. 52 It presents evidence of marginalisation and measured
disadvantage (eg income disparity) experienced by each of the LGBTIQ+ and
undocumented demographic groups as a logical basis for the additional hardships
in the intersectional context. 53 In a study of statelessness across four states, it has
elsewhere been found that statelessness lowers a household’s per capita income
by 33.7 per cent and reduces house ownership by 59.7 per cent. 54 In the absence
of sufficient data specifically surveying experiences of stateless LGBTIQ+
individuals, we are left to infer that their intersectional hardships might be similar
to those recorded among the UndocuQueer profile. Indeed, a number of reported
anecdotal experiences of LGBTIQ+ stateless individuals appear to confirm the
above assumptions. For example, Ghadeer, a 22 year old working class transsexual
stateless Bidun from Kuwait informed Human Rights Watch that she was ‘unable
to find and keep a job due to her gender identity and lack of citizenship’. 55
Similarly, a 24 year old stateless trans woman told human rights organisations
in Lebanon about the challenges in finding suitable accommodation:
My experience with housing has been a struggle … . You have to give your ID
when you’re renting, so that makes things much more difficult for me [because my
ID says male]. I did something clever and used my friend’s ID (she’s a cisgender
47
48
49
50
51
52
53
54
55
Crosby Burns, Ann Garcia and Philip E Wolgin, Living in Dual Shadows: LGBT
Undocumented Immigrants (Report, Center for American Progress March 2013) 1 (‘Living in
Dual Shadows’).
Gary J Gates, LGBT Adult Immigrants in the United States (Report, The Williams Institute
March 2013) 2.
Unpublished data shared with the author through personal correspondence with Kerith Jane
Conron, the Williams Institute, January 2020.
Living in Dual Shadows (n 47) 9.
ibid 8.
ibid 12.
See ibid.
Brad Blitz, ‘The Cost of Statelessness’, Kingston University London (Expert Opinion Post, 2
October 2011) <https://www.kingston.ac.uk/news/article/931/02-oct-2011-the-cost-ofstatelessness/>.
Interview with Ghadeer, (Human Rights Watch, Kuwait City, 14 February 2011), cited in
‘They Hunt Us Down for Fun’: Discrimination and Police Violence against Transgender
Women in Kuwait (Report, Human Rights Watch January 2012) 29 (‘They Hunt Us Down for
Fun’).
72