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CBP US Border Patrol agent conducts a pat down of a female Mexican being placed in a holding facility.
Photo: Gerald L. Nino, CBP, U.S. Dept. of Homeland Security | Public domain | Wikimedia Commons

Iran War Raises Stakes for Gay Iranian Asylum Seekers in U.S. ICE Detention

CBS reports that two gay Iranian men, identified as Ali and Adel, have been held in U.S. immigration detention since crossing the southern border in January 2025, facing possible deportation back to Iran despite the ongoing U.S.-Israeli war there and prior criminal charges over their sexuality that carry a potential death sentence by hanging. The men fled Iran for Turkey, then traveled through South and Central America before being detained by U.S. authorities, and their attorney says they have endured poor conditions, homophobic harassment by guards and outing to other detainees, with one man left wheelchair‑bound after an assault in Mexico that allegedly has not been properly treated. Both initially lost their asylum cases after appearing without lawyers, and are now appealing; advocates say ICE has three times moved them into deportation staging for removal to Iran before backing off, all prior to the current war. Their lawyer believes deportations to Iran have paused since hostilities began, but says DHS has refused to give any assurance that, if their legal stays are lifted, they will not be sent back into a war zone where they face execution. The case spotlights how Trump‑era detention and removal policies collide with U.S. rhetoric about Iran’s regime and raise acute non‑refoulement questions when deportations would send vulnerable people into both state persecution and active conflict.

Immigration & Demographic Change Iran War and U.S. Policy LGBTQ Asylum and Human Rights

📌 Key Facts

  • Ali and Adel, two gay Iranian men, crossed from Mexico in January 2025 and have been detained by ICE in the U.S. ever since.
  • They previously faced criminal charges in Iran over their sexuality that carry a possible death sentence by hanging, according to their attorney Rebekah Wolf.
  • Wolf says ICE has taken them to deportation staging for removal to Iran three times before the current war and that, despite an apparent pause in deportations to Iran since the war began, DHS has provided no assurance they will not be removed if their legal stays end.
  • Advocates allege poor detention conditions, including homophobic verbal abuse, outing by guards, and lack of adequate medical care that has left one man in a wheelchair.

📊 Relevant Data

Between 1979 and 2020, there were at least 241 executions in Iran for same-sex sexual activity.

State-Sanctioned Killing of Sexual Minorities: Looking Beyond the Death Penalty — Monash University

In 2022, two men were executed in Iran for same-sex sexual activity.

Iran - Human Dignity Trust — Human Dignity Trust

From FY 2012 to 2017, an estimated 11,400 applications for asylum in the US were filed by LGBTQ individuals.

LGBT Asylum Claims in the United States — Williams Institute

In FY 2023, the asylum grant rate for Iranian nationals in the US was 56%.

Asylum Approval Rate by Country 2026 — World Population Review

From FY 2019–2024, 62% of immigrants in US immigration court without a lawyer were ordered deported, compared to 27% of those with legal aid.

Report: Access to Lawyers is Critical for Immigrants — American Immigration Council

In a survey of 41 LGBTQ and HIV-positive immigrants in US immigration detention, approximately one third reported sexual abuse, physical assaults, or sexual harassment due to their LGBTQ identity.

The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails — National Immigrant Justice Center

In December 2025, 55 Iranians were deported from the US to Iran.

55 more Iranians deported from U.S., Iran says — PBS

Iranian asylum seekers in the US often flee due to persecution based on sexual orientation, with cases involving brutal abuse and threats from authorities.

LGBTQ Iranians Sought U.S. Asylum, But Now Face Deportation — American Immigration Council

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April 02, 2026