Gay Russian asylum seekers remain in ICE custody

From left: Aleksandr Skitsan and Andrei Ushakov (Courtesy photo)

A gay married couple from Russia who has asked for asylum in the U.S. has been in U.S. Immigration and Customs Enforcement custody for nearly a year.

América Diversa, a group that advocates on behalf of LGBTQ immigrants, told the Washington Blade that Andrei Ushakov and Aleksandr Skitsan fled Russia on March 14, 2024, “after the government began labelling LGBTQIA+ organizations as ‘extremist.’” Skitsan “faced direct threats at his workplace, forcing them to flee for their safety.”

The State Department’s 2023 human rights report specifically notes a Russian authorities “used laws prohibiting the promotion of ‘non-traditional sexual relations’ to justify the arbitrary arrest of LGBTQI+ persons.” The 2023 report also cites reports that “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya” and “government agents attacked, harassed, and threatened LGBTQI+ activists.”

Advocacy groups in August sharply criticized the State Department after it “erased” LGBTQ and intersex people from its 2024 human rights report. Immigration Equality and other organizations say this omission could jeopardize the cases of LGBTQ who are seeking asylum in the U.S.

Couple separated, not receiving proper medical care in ICE custody

América Diversa says Ushakov and Skitsan arrived in Mexico on March 15, 2024.

The men used the CBP (U.S. Customs and Border Protection) One app the Biden-Harris administration created that allowed them and other asylum seekers to schedule an appointment at a port of entry. Their appointment was on Nov. 27, 2024, and America Diversa said they asked for asylum on that day once they entered the U.S.

The Trump-Vance administration discontinued the CBP One app on Jan. 20, the day it took office.

“Upon entering U.S. custody, they (Ushakov and Skitsan) were separated without explanation,” said América Diversa.  

Ushakov and Skitsan were initially detained at the Imperial Regional Detention Facility in Calexico, Calif., which is in the state’s Imperial Valley.

“Andrei was placed in an overcrowded unit with more than 60 detainees, where poor sanitation, excessive air conditioning, and the lack of adequate medical care have put his health at risk,” said América Diversa.

The group says the couple are now at the San Luis Regional Detention Center in San Luis, Ariz.

“They are now being denied all communication with each other, despite being legally married and sharing the same asylum case,” said América Diversa.

The group notes Ushakov has a “chronic medical condition that requires continuous medication and quarterly monitoring.” 

“Despite repeated requests, he faces long delays in treatment and limited access to medical services,” said América Diversa.

América Diversa also noted Skitsan suffers from a “chronic ear infection, which causes ringing and temporary hearing loss, as well as untreated stomach issues.” América Diversa said Skitsan had been scheduled to see a doctor in December, but his “recent transfer to Arizona has jeopardized that case.” 

“Their transfer to the San Luis Regional Detention Center has further worsened their situation,” said América Diversa. “At this new facility, they have been prohibited from communicating with each other, an act that violates not only basic humanitarian principles but also their rights as a legally married couple under both U.S. and international law.”

América Diversa Managing Director Yonatan Matheus on Oct. 22 told the Blade he had just spoken with Ushakov. 

“He couldn’t talk with his husband, he was only able to talk with me for less than five minutes,” said Matheus. “The calls are recorded and monitored. He is very afraid to speak.”

The couple’s case are among those that have garnered attention since the Trump-Vance administration took office.

The White House earlier this year “forcibly disappeared” Andry Hernández Romero, a gay Venezuelan makeup artist who asked for asylum in the U.S., to El Salvador. He returned to his homeland in July after he spent more than 100 days in El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

ICE agents in August arrested Alice Correia Barbosa, a transgender Brazilian woman, while she was driving her car in Silver Spring, Md. A senior Department of Homeland Security official who misgendered Correia told the Blade that she “overstayed his visa by almost six years” and DHS plans to deport her.

Brazil has the highest number of reported murders of trans people in the world.

ICE did not respond to the Blade’s request for comment about Ushakov and Skitsan’s case.

The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.

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