After civil rights complaints were filed by immigrant and LGBT advocates, Congressmen Jared Polis (D-CO) and Mike Quigley (D-IL) last month called for a government investigation into alleged abuse of lesbian, gay, bisexual and transgender (LGBT) immigrants in detention centers.

“While we applaud the administration for the steps it has taken to reform our immigration detention system, we are concerned about ongoing reports of sexual abuse at facilities housing immigrant detainees,” the lawmakers wrote.

Clement Lee, a legal fellow with Immigration Equality who represents detained LGBT and HIV positive immigrants, knows the plight of LGBT individuals trapped in the detention system very well. He answered my questions over email.

EDL: How are conditions different or unique for LGBT immigrant detainees?

CL: LGBT immigrants in detention today face grim prospects. Lesbian, gay, and bisexual detainees are often harassed and threatened because of their sexual orientation or gender identity. The overall lack of health care means that LGBT people who require a regular regimen of HIV medication or hormone therapy simply do not receive proper care. Transgender people are almost invariably detained in sex-segregated facilities contrary to their gender identity. Those who have taken steps to transition may be more readily identifiable as target for sexual or physical violence. The University of California’s Center for Evidence Based Corrections found in 2007 that “sexual assault is 13 times more prevalent among transgender inmates, with 59% reporting being sexually assaulted.”  Citing safety reasons, ICE often places transgender detainees in “administrative segregation,” which can mean total isolation for up to twenty-three hours a day without access to library resources, recreation, or counsel. Regardless of its motivation, ICE’s administrative segregation is alarmingly similar to prison punitive measures like solitary confinement. It is psychologically damaging and an inappropriate response in a civil detention setting. These conditions are particularly troubling in the context of detained LGBT asylum seekers, who fear persecution based on their gender identity or sexual orientation in their home country. As U.S. immigration law does not guarantee immigrants free legal representation in removal proceedings, these individuals are commonly unable to present their claims meaningfully in immigration court. Isolated, terrified, and lacking legal resources, they may languish for months or years in detention only to be ultimately deported to a country where their LGBT identity places them in danger of violence or murder.

EDL: What policies are needed to address the issues specific to LGBT immigrant detainees?

CL: In many instances, ICE is simply unable to safely detain LGBT immigrants. Immigration Equality is therefore advocating that they be considered a “vulnerable population” and that only people who are demonstrated security or safety threats should be detained. Instead, ICE can use alternative-to-detention options like ankle monitoring bracelets, curfews, and telephonic check-ins to ensure that they appear at their immigration court dates. Closer adherence by ICE to its Performance Based National Detention Standards with respect to effective grievance measures, confidentiality, and healthcare, could also reduce harm to vulnerable LGBT detainees.

EDL: Are there any bills or initiatives in the works?

CL: Currently, immigration detention centers are not bound by the Prison Rape Elimination Act (PREA) which mandates that jails follow certain protocols to protect inmates against sexual violence. These include:  limits to cross-gender viewing and searches; adequate inmate supervision with monitoring technology; strict hiring policies against anyone who has engaged in sexual abuse of another; special accommodations to protect particularly vulnerable inmates with special needs; and employee training on how to handle issues of sexual violence.  Although Congress clearly intended PREA to apply broadly, the Department of Justice has maintained that ICE detention does not fall within its mandates.  Immigration Equality, in coalition with other immigration groups, is advocating for full inclusion of ICE detention within the PREA standards.

EDL: Do you have any stories that stand out for you?

CL: Our client, Jacki (not her real name) was confined to a 10 foot by 10 foot room in immigration detention simply because she was transgender. She was placed on suicide watch, with security checks every fifteen minutes. She was denied her HIV medications and subsequently became extremely ill. Isolated, depressed, and hopeless, she began to bang her head against the walls of her cell.  After extensive advocacy by Immigration Equality, and after Jacki filed a complaint with the Office of Civil Rights and Civil Liberties, Jacki was paroled out of detention with an ankle monitoring bracelet. ICE could have saved Jacki considerable hardship, and taxpayers considerable expense, if they had paroled Jacki immediately.

Chris Fitzegerald, Communications Director of Rep. Polis, said that the government has accepted the lawmakers’ request for an investigation which is expected to commence by June. Rep. Polis will decide whether to pursue legislation protecting LGBT immigrant detainees when he gets the results.

My impression of government investigations is that they can take an inordinate amount of time. Meanwhile, LGBT immigrants languish in detention facilities that are rarely monitored by the government, nearly half of which are run by private prison companies.

You can follow Erwin de Leon on Twitter or read his blog.

Feet in Two Worlds is supported by the New York Community Trust and the John S. and James L. Knight Foundation with additional support from the Mertz Gilmore Foundation and the Sirus Fund.

The Plight of LGBT Immigrant Detainees originally appeared on Feet in Two Worlds, whose reporting on the full range of immigration issues is extensive. Reprinted with permission.

Earlier in the week, Rep. Welch joined Vermont Senators Patrick Leahy and Bernie Sanders in asking Secretary Napolitano to reverse Frances and Takako’s green card denial. To date, the White House has refused to hold green card applications filed by LGBT spoues; instead, it continues to deny them.

Watch Congressman Welch’s remarks below, and look for more information about the movement to stop green card denials . . . coming soon.

This morning, Matt & Yoav shared a video they made, for Valentine’s Day, about their plight.  Their video is below.

If you happen to be a fan of Immigration Equality on Facebook, please visit our page there and ‘like’ the video, then click ‘share’ to post it on your own page, so Matt & Yoav can see the widespread support they’ve received from the Immigration Equality family online.

New York – A same-sex couple, an ailing New Yorker and his partner from South Africa, who faced the threat of being torn apart, since federal immigration benefits do not extend to same-sex couples, have won a reprieve due to the intervention of three local federal lawmakers. For years, binational couple Edwin Blesch from Orient, NY, who has HIV, and his husband and primary caretaker from South Africa, Tim Smulian, fought to have him stay with him in New York. U.S. Senators Charles Schumer and Kirsten Gillibrand and Congressman Tim Bishop announced today that after their push urging the federal agency to allow Smulian to remain in New York to care for his seriously ill spouse, immigration officials have granted him a one-year reprieve.

“We are enormously relieved that the threat of separation which has been hanging over our heads for so long is gone for now,” the couple Tim Smulian and Edwin Blesch said.  “We know how fortunate we are to have passionate advocates like Senators Schumer, and Gillibrand and Congressman Bishop working on our behalf. We know, too, however, that countless other couples remain vulnerable as long as our laws continue to discriminate against lesbian, gay, bisexual and transgender families.  We will continue to speak out, alongside our elected officials, Immigration Equality and others, until every couple is treated equally and can remain together in the country they call home.”

“Allowing Tim to remain here was the right and humane thing to do,” said Senator Schumer. “I am pleased that immigration officials had the common sense and compassion to recognize that.”

“I am relieved to hear that Tim and Edwin are no longer living in fear of separation at a time when they need each other the most,” said Senator Gillibrand. “Loving, committed couples deserve access to all the same immigration rights and protections as straight couples. I will continue to fight for LGBT immigrant families and push for reform that reunites families rather than tears them apart.”

“It’s an important victory for fairness in immigration policy that Tim—who has scrupulously followed the letter of our nation’s immigration laws—will be allowed to stay in the US and remain the primary caregiver for his ailing spouse, Edwin,” said Congressman Tim Bishop. “However, it is only a temporary solution for this particular family, and I will continue to work with my colleagues on reforming federal immigration policy so binational same-sex unions receive the respect under the law that they deserve.”

“Tearing families apart for no purpose is un-American and a waste of taxpayer resources. We are thrilled that, thanks to the help of Senators Schumer and Gillibrand and Congressman Bishop, Tim and Edwin are secure for now,” said Rachel B. Tiven, executive director of Immigration Equality.  “As the Administration begins to offer relief for some families, however, it must work with Congress to make this progress permanent and available to all. We look forward to working with our Congressional leaders and President Obama to pass the Uniting American Families Act and the Respect for Marriage Act. In the meantime, Immigration Equality will continue to advocate for full and equal rights for all LGBT immigrant families.”

With Blesch’s health taking a turn for the worse and with no family in New York, Blesch needs his husband and partner of 12 years to remain in the United States to help take care of him.  Blesch, a U.S. citizen, has been living with HIV for nearly 27 years. Blesch suffers from degenerative cervical spine disease, kidney malfunction, among many other ailments. He also suffered from a mini stroke last year and underwent heart surgery. During many moments of crisis, Smulian has rushed Blesch to hospital visits and has remained his primary caretaker for basic, everyday needs.

In 2009, the couple, who married in South Africa in 2007, filed for an immigrant petition and faced roadblocks since immigration laws and benefits do not apply to same-sex couples. In  2011, the couple met with Senators Schumer and Gillibrand and Congressman Bishop and working with the legal non-profit group Immigration Equality, they filed a green card application and urged U.S. Citizenship and Immigration Services (USCIS) to consider their case, given President Obama’s policy that gives immigration authorities discretion to place higher priority on criminal immigration cases and a lower priority on non-criminal cases. With Smulian’s visa set to expire at the end of 2011, the couple faced a looming deadline. After lawmakers pushed USCIS to extend Smulian’s visa, the federal agency granted “deferred action” status, which allows Smulian to stay lawfully in New York for one year.

###

In ruling narrowly, the 9th Circuit seemed to have its eyes squarely on the U.S. Supreme Court. The court extensively referred to Romer v. Evans, a prior U.S. Supreme Court decision which overturned a Colorado ballot initiative which had amended the state’s constitution to prevent the state, or any localities, from enacting anti-discrimination protections for lesbian and gay people. By referring to Romer, and closely adhering to the U.S. Supreme Court’s reasoning in that case, it may have made it less likely that the Supreme Court will review today’s decision or, if it does, may also be more likely to decide the case narrowly, preserving today’s decision.

While it is true that a broad ruling in the Prop 8 case — finding, for example that the U.S. constitution guarantees a right to marry for lesbian and gay couples — would be an enormous step forward for marriage equality, it is also true that many legal experts fear that such a ruling would be ultimately overturned by the U.S. Supreme Court. As such, the narrow framing of today’s decision is, more likely than not, a good call on the 9th Circuit’s behalf.

What does this mean for binational couples?

As we have said each time a state recognizes marriage equality, whether through a court ruling or legislation, it is good news for LGBT families and for the movement for full equality.  Unfortunately, however, immigration remains a federal benefit. While today’s ruling is a step forward in the march to federal recognition, it means that lesbian and gay couples would once again be able to marry under California state law, but not receive federal benefits, including the right to sponsor a spouse for immigration purposes.

A stay of today’s decision will remain in effect until the appeal to the U.S. Supreme Court is decided.

There is no question, however, that today’s decision is an enormous victory for the LGBT community as a whole, marking the first time that a U.S. Court of Appeals has issued a ruling on marriage, noting that, “The designation of ‘marriage’ is the status that we recognize.  It is the principal manner in which the State attaches respect and dignity to the highest form of a committed relationship and to the individuals who have entered into it.”

It is heartening — and, hopefully, a positive omen of progress to come — that a federal court has found that marriage is too significant a right to be taken away by popular vote.  Now we need a ruling that says the federal government must also respect our marriages, too.

As a day about love and commitment, Valentine’s Day can be a special opportunity to raise awareness about the thousands of loving couples separated by our country’s unfair immigration laws.  And this year, you can mark the occasion by joining a house party near you to support our work to include binational families in immigration reform!

• London Pub Night, featuring blogger, activist and author Andrew Sullivan
  Wednesday, February 15th
• Los Angeles Bar Night
  Saturday, February 18th
• Brooklyn House Party
  Saturday, February 25th
• DC House Party
  Saturday, February 25th
• San Francisco Bar Night
  Saturday, February 25th
• Chicago House Party
  Saturday, March 17th

Online Toolkit (or How You Can Host Your Very Own Valentine’s Fundraiser!)

It’s not too late! Immigration Equality would still take on more volunteers from around the globe to host their own Valentine’s house party fundraisers. Not only do we wish to raise awareness with our nearest and dearest about the injustices we face as binational families, we also need to raise the funds we will need to win full equality.

Each house party can include an optional call-in on the day of, from Executive Director Rachel Tiven. Included below is an online toolkit on how to get your party started and the best tips for a successful day of. Interested hosts should contact Tara Sadooghi, at tara@immigrationequality.org, for more details.

Elements of an Immigration Equality Toolkit

1. Personal fundraising page with thermometer! See the complete ‘How To’ on how to set up your very own page, below!
2. A checklist/timeline (download the PDF) to track all that you need for a successful event
3. A unique Immigration Equality graphic (see below) to use on your Facebook, Twitter and various social media pages to advertise your event

How to Set Up a Community Fundraising Page

1. Visit the Community Fundraising Dashboard at our sister site. Clicking this link will redirect you to the Action Fund where you can set up your personal fundraising page.
2. Register and create an account otherwise log-in if you already have a log-in. Please note: If you are creating an account for the first time, you will have to visit the Community Fundraising Dashboard again after you create your account.
3. Once in your Dashboard, select “Create your page.”
4. Select your goal. Our general advice is to set a goal of $1,080 which is the cost for one green card application fee. If you feel comfortable setting a higher goal, we encourage you to do so!
5. Title your fundraiser.
6. Write your appeal, we’ve given you a head start. Tell others why you want to end immigration discrimination against LGBT families.
7. Choose an image (optional), one of your family or someone impacted by immigration discrimination or use our event logo below. (Right click to save the image and upload it.)
8. Choose at least 5 donation levels from the 8 options provided.
9. Then, click “Create” … and you are done with the set up! Now promote your page as a Valentine’s Day House Party event!

Ways to promote your Valentine’s Day House Party

1. Share the link to your page on both Twitter and Facebook
2. Invite your friends, Facebook events are a great way to do this. Use the image below (right click to download) in your Facebook event. Remember to link to your donation page in the Facebook event!
   
3. Circulate an email to your friends, family, colleagues and networks that includes a brief description telling others why you want to end immigration discrimination against LGBT families. Remember to link to your donation page!

How to make your party the most successful on the day of:

1. Join a conference call with Director of Development, Win Chesson, to learn the best tips on how to make a successful fundraising pitch on the day of your event.
2. Have a computer set up and logged in to your personal fundraising page so that people can make donations straight to your campaign at the party.
3. Have your television or computer set to screen IE videos from YouTube at the party, like the Day in the Life of Immigration Equality video below:
4. Relax and enjoy!

“The President laid out an eloquent vision this evening of an America where everyone plays by the same rules, and shares the same opportunities and chances. The tens of thousands of LGBT binational couples who live every day with the threat of separation, or are already separated or in exile, want nothing more than that: To have the same rules, the same opportunities and the same chances to keep their families together. It is past time to tackle comprehensive immigration reform and, as the President pointed out, it is imperative that Congress pass the DREAM Act to extend opportunity to undocumented youth, many of whom happen to be LGBT. But it also time for the President to endorse, and call for the passage of, the Uniting American Families Act. The Administration has taken important steps forward in recent months, including exercising discretion to keep some couples together. We’re prepared, and ready, to work with the White House to make that progress permanent, and pass UAFA, whether alone or as part of a comprehensive bill. For binational families, the key to making the state of their unions stronger lies in ending green card denials, passing UAFA and allowing them to play by the same rules as their straight neighbors. Immigration Equality is committed to working side-by-side with the White House to make that vision a reality.”

For information on how you can join Immigration Equality in calling for the President’s endorsement of UAFA, and the end of green card denials, visit our Action Fund site. (Clicking this link will redirect you to our 501(c)4 action center.)

Contact: Steve Ralls
(202) 347-7007 / sralls@immigrationequality.org

WASHINGTON, DC – Immigration Equality, a national legal aid and advocacy organization, hailed today’s release of a newly-created training module, “Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims” by the U.S. Citizenship and Immigration Services (USCIS). The guidance, which follows two years of coordination between USCIS and Immigration Equality, instructs asylum officers on substantive aspects of the law and highlights the unique difficulties that LGBTI claimants may experience in articulating their claims for asylum.

“We are thrilled that USCIS has taken this important step to better protect LGBTI asylum seekers,” said Victoria Neilson, the organization’s legal director. “This guidance will give officers the tools they need to gather the necessary evidence for validating an asylum claim, while respecting the often sensitive issues that potential asylees must navigate based on their past persecution. Immigration Equality is proud to have been a partner in making this guidance a reality.”

Among the highlights of the Guidance released today are:

• Helpful definitions, and appropriately sensitive questions, for officers to use, including specific instructions about questions to avoid, such as those related to specific sexual practices;

• LGBTI-specific examples of harm that may constitute persecution, including: laws criminalizing same-sex sexual activity in an applicant’s home country; forced medical or psychiatric treatment intended to “cure” an applicant’s sexual orientation; forced marriage to an opposite-gender spouse; severe economic harm; and beatings or other physical abuse;

• Instructions for analyzing complex issues, for example, that a former opposite-gender marriage does not mean an applicant is not lesbian or gay; that LGBTI applicants are not required to meet pre-conceived stereotypes or “look gay;” and that cultural norms within the LGBTI community in an applicant’s home country may differ from those in the U.S.; and

• A non-exhaustive list of possible one-year filing deadline exceptions (which make it difficult to pursue asylum after one year of presence in the United States), including: recently “coming out” as LGBTI; recent steps to transition from birth gender to corrected gender; a recent HIV diagnosis; post-traumatic stress disorder; or severe family opposition to an applicant’s identity.

The Guidance’s Introduction acknowledges that “Interviews with LGBTI or HIV-positive refugee and asylum applicants require the individual ‘to discuss some of the most sensitive and private aspects of human identity and behavior’ – sexual orientation, gender identity and life-threatening illness.”

“Advocates and attorneys now have a government manual to reference when bringing asylum and refugee claims on behalf of LGBTI applicants,” Neilson added. “The Guidance released today puts LGBTI claims on an equal footing with other types of asylum claims that already have similar guidance. Immigration Equality has provided trainings to asylum officers from around the country on these issues, and won asylum cases, with pro bono partners, for LGBTI individuals from around the world. Today’s Guidance, will be a welcome tool for officers, attorneys and applicants who must work together to ensure our country remains a safe haven for those escaping often unspeakable persecution abroad.”

# # #

Immigration Equality is a national organization fighting for equality under U.S. immigration law for lesbian, gay, bisexual, transgender, and HIV-positive individuals. For more information, visit www.immigrationequality.org.

“I’m very proud of your efforts and I’m honored to be associated with them.”

Today, House Minority Leader Nancy Pelosi spoke on a phone call with over one hundred Immigration Equality supporters, most of whom are directly affected by discrimination against LGBT families in immigration law, struggling to keep their families together in the United States.

Leader Pelosi closed her remarks by saying to the audience:

What they (LGBT binational families attending the call) are doing for themselves, for their families, for their loved ones, I know they know they’re doing for our country…When we end discrimination in any way we make our country more American and I thank them for their patriotism. As we all know [addressing] one case at at time, what it means it people’s lives; but it also strengthens our country as we move towards ending discrimination. So I thank you all for doing that. I’m very proud of your efforts and I’m honored to be associated with them.

On building support for the Uniting American Families Act (UAFA) and the Reuniting Families Act which includes UAFA, Leader Pelosi said:

We must continue to build support for legislation: the Uniting [American] Families Act – thank you for your leadership there — and the Reuniting Families Act, both of which I’m proud to cosponsor. I thank my colleagues for their leadership — Barney Frank, Jerry Nadler, and others have been wonderful.

… This week, as we honor Dr. Martin Luther King, I am reminded that he said, “The arc of the moral universe is long, but it bends towards justice. How beautiful. I believe that this is the case with marriage equality and the LGBT immigration policy. The fight is far from over, but we’ll continue to work towards the day when all American families are treated with respect and viewed equally in the eyes of the law.

On advocating with the Obama administration, Leader Pelosi stated:

I joined several of my colleagues in the House in seeking abeyance for all DOMA-related immigration cases while litigation on DOMA’s constitutionality is pending. I think it’s very important.

Regarding discretionary relief in deportation cases, Leader Pelosi stated:

The administration [is undertaking] a case by case approach; we have urged them to fully consider LGBT family ties as part of their new efforts to prioritize immigration enforcement on those cases that have impacted our national security. That will make a big difference.

On Immigration Equality’s work, and Bradford Wells and Anthony Makk’s case, Leader Pelosi stated:

Thank you for your advocacy and determination, thank you Immigration Equality for bringing us closer to that concept being a dream come true for all Americans, for all America’s families. I thank you for giving me the opportunity to express my appreciation to you for what you do, to receive your thanks that I will explain to my colleagues for what they do, and to just to take the opportunity once again to celebrate the Bradford Wells and Anthony John Makk victory that we had; hopefully it will be a model for how we go forward.

For an audio file (MP3) of the entire Call for Change with Nancy Pelosi and Executive Director Rachel B. Tiven, download here.

CNN‘s story – “Split by Potential Deportation” – highlighted Bradford & Anthony’s quest to remain together despite discriminatory immigration laws.  The story, and today’s nomination, followed their front-page profile by Carolyn Lochhead in The San Francisco Chronicle.  Lochhead’s original report, which was the paper’s most-shared story on its website in 2011, began an international cycle of news coverage, bringing Bradford & Anthony’s story to front pages, and TV screens, around the world.

Congratulations to the entire CNN team who worked so hard, with Immigration Equality’s communications team, to tell Bradford & Anthony’s story.

The network’s nominated story is below.