Mexican Refugee Claimants: When Should Sympathy Triumph?


An 18-year-old Mexican refugee claimant with a gay sister—Daniel Garcia—was fighting deportation from Canada over the holidays, supported by students from his school who set up a rally outside the Federal Court in Toronto. The case serves as a model to onlookers to test the strength or laxness of Canada’s immigration laws.

There have been conflicting reports about him being sent back over the weekend. Now Garcia’s lawyers are looking ahead to pressure Immigration minister Jason Kenney to allow Garcia back into the country, if indeed he was sent back home.

Garcia fled Mexico with his sister as a result of violence he says they both faced because of her sexual orientation, in a country where the Supreme Court recently ruled that all of its 31 states must recognize same-sex marriages performed in the capital.

Though social stigmas are alive in Mexico, there are much worse places for gays to live that could serve as springboards to potential refugees seeking a preferred life.  For example, the first gay pride parade came to an abrupt end in Slovakia because of violent attacks, and riot police ended a gay pride parade in Belarus for the same reason. In the Caribbean,  a University of the West Indies study on gender issues noted that “lesbians, gay men, and transgendered people are on the front lines, targeted for repression and  violence.”

According to a US Citizenship and Immigration Services document,  Mexico led many states in the area of gay and lesbian rights over the past decade. While 19 states administered penalties under sodomy laws in 2000,  Mexico’s legal frame under the  French Napoleonic Code regarded such private behavior to be exempt from the law.   If anything, Mexico has been rather liberal, where homosexual magazines featuring erotic visuals have been available in kiosks in its major cities, along with gay pride parades, gay bars and service organizations, and the transvestite fiesta in Juchitan.

There’s no argument that Mexico is dominated by a ‘maschismo’ culture, yet with rising pressures from lobbies and modern influences, such social stigmas continue to wane and it is dubious that they should warrant refugee claims.

For those falling into the emotional traps of leftist pandering to illegal immigrants, are they prepared for Canada to fling its doors wide open to anyone suffering discrimination and human rights abuse infractions globally, especially those from Islamic regimes? Iran seems to be an exception where according to Ahmadinejad, there are no homosexuals there! Ahmadinejad may have had a point since they kill them all.

Although the case of Daniel Garcia and his sister elicits sympathy for several reasons—the age of these claimants,  the emotional reporting, the stigma and potential violence in Mexico against lesbians and homosexuals—the case does not warrant  special treatment.  Frivolous cases stand as models to all potential refugee claimants and spell trouble for Canada, already inundated with immigration fraud, terrorist cells and people taking advantage of Canada’s generosity and stupidity, fueled by the far Left media.  One need only look at the staggering cost to Americans of an immigration system gone awry.