Why LGBTQ+ Americans struggle to find asylum in Europe

BRUSSELS - A rapid rollback of rights under President Donald Trump has prompted many LGBTQ+ Americans to seek sanctuary abroad - Europe and Canada are among the top choices - but many are hitting legal barriers to starting a new life.

Since resuming office, Trump has enacted a slew of policies affecting LGBTQ+ Americans - be it in healthcare, legal recognition or education - changes that LGBTQ+ advocates say raise the risk of suicide, harassment and violence.

Trans Americans say they feel especially vulnerable and fears of a further crackdown have made neighbouring Canada and the European Union (EU) destinations of choice.

Here's what you need to know about relocation and rights:

How easy is it for Americans to move to Europe?

Settling in Europe for work or studies can offer temporary right to remain, but some LGBTQ+ Americans are seeking asylum.

Europe has a track record of protecting LGBTQ+ people fleeing persecution in countries such as Russia or Uganda, which have enacted anti-LGBTQ+ laws. 

But authorities largely consider the United States to be safe, meaning a person is not at risk of persecution or serious harm, although some LGBTQ+ advocates are challenging this.

At a time when Europe's asylum system is strained because of refugees arriving from Ukraine, Syria and Gaza, LGBTQ+ Americans face even more barriers to winning refugee status.

Are sexual orientation and gender identity valid reasons?

The United Nations and the EU say sexual orientation and gender identity can be grounds for an asylum claim. 

This means all EU members should provide asylum to LGBTQ+ people if they fear persecution on grounds of sexuality or gender identity and can prove that fear is well-founded.

Protections vary across the bloc and its member nations.

According to ILGA-Europe, a campaign group that ranks countries on LGBTQ+ laws and policies, more countries recognise sexual orientation than gender identity as grounds for asylum.

Many European countries are also looking to limit migration with new asylum rules due to be fully operational by 2026, raising fears that vulnerable LGBTQ+ people may be refused.

Why are some claims rejected then?

Applicants can be rejected if a country is deemed generally safe: democratic, and with functioning laws and protections.

Several EU countries - including Belgium, Denmark, Germany, Finland and the Netherlands - have advised their LGBTQ+ travellers to be aware of the new U.S. laws, but the country is still considered safe when judging asylum claims from LGBTQ+ Americans.

Veronica Clifford-Carlos in August became the first trans American to launch a legal challenge in the Netherlands for rejecting her asylum application. 

The 28-year-old artist says she received death threats in the United States, which the Dutch consider a safe country.

Dutch advocacy group LGBT Asylum Support, which is backing  Clifford-Carlos, is helping about 20 trans Americans with their asylum claims, saying the Dutch asylum agency wrongly relies on information that pre-dates Trump's re-election.

The case seeks to build on precedents where judges ruled that asylum applicants did face real risks of persecution.

What are the other legal options?

LGBTQ+ U.S. citizens can consider other routes to Europe via work, higher education or family reunification.

If hired for a job in an EU country, LGBTQ+ Americans, in possession of a valid work visa, would be protected from discrimination under EU employment law. 

Enrolling in higher education in a European country would also entitle Americans to settle temporarily.

If a spouse or partner is legally recognised in the EU, they could settle under family reunification rules; many EU countries recognise same-sex partnerships for immigration purposes.

And under a Cold War era agreement - the Dutch–American Friendship Treaty (DAFT) - U.S. citizens can live and work in the Netherlands if they start a small business investing at least 4,500 euro ($5,200), can secure Dutch housing, and are able to prove they have enough money to live on.    

What about neighbouring Canada?

Due to its proximity, Canada has seen more Americans applying for refugee status in the first half of 2025 than in all of 2024, and more than in any full year since 2019, according to Canada's Immigration and Refugee Board.

Although the data does not say why claims were made, eight lawyers told Reuters they are hearing from more trans Americans.

To be granted asylum, LGBTQ+ Americans must convince the authorities that nowhere in the United States is safe.

(Reporting by Joanna Gill; Editing by Lyndsay Griffiths)