Two Iranian Men Face Death Penalty While Seeking Asylum in America

A Desperate Flight from Persecution

Two gay Iranian men, identified by the pseudonyms Ali and Adel to protect their safety, find themselves caught in a legal and humanitarian nightmare as they seek asylum in the United States. Their journey began in Iran, where they faced criminal charges simply for their sexuality—charges that carry the death penalty in their homeland. According to Rebekah Wolf, director of the Immigration Justice campaign at the American Immigration Council, these men are confronting one of the most straightforward cases for asylum protection that exists. They are literally fleeing execution by hanging under Iran’s brutal anti-LGBTQ laws. As Wolf emphasized to CBS News, this represents perhaps the clearest example of why America’s asylum system was created in the first place: to offer refuge to people facing persecution and death in their home countries. The timing of their case adds another layer of complexity, as they arrived at the U.S.-Mexico border in January 2025, just before President Trump began his second term, and now face an uncertain future amid ongoing U.S.-Israeli military conflict with Iran.

Their path to the United States was neither direct nor easy. After initially escaping Iran, Ali and Adel sought temporary refuge in Turkey, where they lived for several years. However, Turkey presented its own challenges—the country lacks friendly policies toward LGBTQ individuals and doesn’t provide pathways to permanent asylum. This left the couple in limbo, unable to build a secure future but unable to return home where death awaited them. From Turkey, they embarked on a grueling journey through South America and then Central America, eventually making their way to the U.S. southern border. Wolf explained that the countries they passed through either shared unfriendly attitudes toward LGBTQ communities or presented significant barriers to Iranian nationals seeking to resettle. The question of why they didn’t stop in another country along the way has two clear answers: many of those nations are themselves hostile to gay individuals, and Iranian nationals face particularly high barriers to resettlement in various countries due to nationality-based policies.

Harsh Treatment in American Detention

Since crossing into the United States and being detained at the southern border in January 2025, Ali and Adel’s experience has been marked by poor conditions and mistreatment. Wolf has documented disturbing patterns of abuse by guards and Immigration and Customs Enforcement (ICE) officials, including verbal harassment, being called derogatory names, and being deliberately “outed” to other detainees—actions that could put them at risk even within the detention facility. What makes this treatment particularly concerning is what Wolf describes as a “sense of impunity” among detention staff, who face no consequences for their discriminatory behavior. This represents a notable shift from previous administrations, according to Wolf, suggesting a changed atmosphere in how vulnerable asylum seekers are treated while in U.S. custody.

The physical conditions of their detention have been equally troubling. Adel suffered injuries in an attack in Mexico just before the couple crossed into the United States, and these injuries have never received proper medical treatment while in U.S. custody. The lack of adequate healthcare has left him wheelchair-bound, adding physical suffering to the psychological trauma of detention and the constant fear of deportation. The couple’s medical neglect and poor treatment highlight broader concerns about how the U.S. immigration system handles vulnerable populations, particularly those fleeing persecution based on sexual orientation or gender identity. For Ali and Adel, every day in detention brings not only the indignity of mistreatment but also the terror of potentially being sent back to a country where they face execution.

Legal Battles Without Adequate Representation

One of the most significant challenges Ali and Adel have faced is navigating the complex U.S. immigration system without proper legal representation. Unlike in criminal cases, immigrants in removal proceedings are not guaranteed free legal counsel, regardless of how strong their asylum claims may be or how dire the consequences of deportation. Both men had their initial asylum applications rejected for reasons that Wolf and the American Immigration Council believe could have been prevented with proper legal representation. The technical complexities of asylum law mean that even legitimate refugees can have their applications denied if they don’t know how to properly present their cases or provide the necessary documentation and evidence.

Currently, both Ali and Adel are appealing the earlier decisions that went against them. While their cases remain open and under appeal, they cannot legally be deported—but this protection is temporary and uncertain. Wolf told CBS News that they have received no assurances from U.S. officials about what will happen if those stays of removal are lifted. This legal limbo creates an atmosphere of constant fear and uncertainty. The men don’t know if tomorrow might be the day they’re forced onto a plane back to Iran, where the regime that wants to execute them for being gay still holds power. The lack of clarity from U.S. immigration authorities about their fate, especially given the ongoing military conflict between the United States and Iran, only deepens their anxiety and desperation.

The Nightmare of Near-Deportations

Perhaps the most harrowing aspect of Ali and Adel’s ordeal has been the repeated close calls with deportation. According to Wolf, the couple has come perilously close to being deported to Iran three separate times—and all of these near-deportations occurred before the current U.S.-Israeli war with Iran even began. Each time, they were moved to what’s called a “staging facility,” where deportees are prepared for removal. They were told they would be sent back to Iran and taken through all the steps leading up to actual deportation, only to have the process halted at the last moment. The psychological toll of these experiences cannot be overstated. Imagine being told repeatedly that you’re about to be sent to your death, going through all the preparations, and then receiving a temporary reprieve, only to face the same terror again weeks or months later.

The mental stress of constantly living in fear of removal to a place where they face execution, combined with the harsh conditions of detention and mistreatment by guards, has created what Wolf describes as a “really, really difficult” situation for the two men. This cycle of hope and despair, of temporary safety followed by renewed threats of deportation, amounts to a form of psychological torture. Each near-deportation reinforces their trauma and makes it harder for them to maintain any sense of stability or hope for the future. Now, with an active military conflict between the U.S. and Iran, their situation has become even more precarious and complex, though Wolf believes there may currently be a pause in deportations to Iran—though she stresses that the American Immigration Council has received no official confirmation of this.

Caught Between War and Bureaucracy

The outbreak of war between the United States (along with Israel) and Iran has added yet another dangerous dimension to Ali and Adel’s case. Wolf explained that deporting anyone to any country requires cooperation and agreement from the receiving nation—you can’t simply force another country to accept deportees. This diplomatic necessity typically involves negotiations between governments, and such negotiations become complicated or impossible during active military conflict. While Wolf believes deportations to Iran have paused since the war began, the lack of official communication from U.S. authorities leaves Ali and Adel with no certainty about their safety or future. CBS News repeatedly asked the White House whether deportations to Iran have been suspended during the conflict but received no clear answer, being referred instead to the Department of Homeland Security.

The Department of Homeland Security provided only limited information, confirming that Ali and Adel were detained by border patrol on January 5, 2025, and stating that their asylum claims were heard by a judge and found invalid, resulting in final removal orders issued about a year ago. DHS maintained that the men “received full due process” and stated they would remain in ICE detention “pending their removal.” Notably, DHS did not respond to questions about the poor detention conditions or mistreatment that Wolf documented, nor did they address whether deportations to Iran have been paused. This bureaucratic silence leaves the two men in an information vacuum, unable to plan or prepare because they don’t know what will happen to them. Even more troubling, Wolf pointed out that their continued presence in the United States during the war could actually make their situation worse if they are eventually deported. In times of conflict, countries like Iran view anyone with connections to “enemy” nations with deep suspicion, and such connections can themselves become grounds for punishment or execution. For Ali and Adel, being returned to Iran after spending time in the United States during a war could effectively be a death sentence, adding yet another layer of danger to an already life-threatening situation. Their case highlights the profound gaps in America’s immigration system and raises urgent questions about how the nation treats those fleeing persecution, especially during times of international conflict.