Trans Immigrants Disproportionately Subject to Deportation and Detention, Suffer Special Gender-Related Harms in these Processes
Barriers to Getting any Legal Immigration Status:
employment-based immigration not available because of job discrimination
family-based immigration not available because trans people’s family members often reject them, trans marriages not seen as valid, chosen and extended family not recognized
asylum and other claims often not available because of lack of access to trans-friendly legal help, less connections with immigrant communities to get information combined with strict timelines, bias and harassment from immigration officers
Criminalization of Trans People:
most convictions and some arrests can make people deportable, even if they have status
trans people falsely arrested for lack of proper identity documents or for using bathroom
police profiling of trans people as violent, prostitutes
committing survival crimes because lack access to legal employment or education (sex work, drugs, theft, etc)
Trans immigrants likely to be detained and/or deported:
trans people disproportionately HIV positive, if from country where no access to HIV meds, deportation is death sentence. also, deportation can lead to serious transphobic violence, persecution, and imprisonment in home country.
in detention trans people often isolated and/or targeted for rape, harassment abusive searches and other violence by staff and other detainees. gender misclassified based on genitals in sex segregated system
can’t access hormones and other medical treatments while detained. forced to change gendered characteristics of appearance (cut hair, give up prosthetics, etc.). results in mental anguish and increased violence because appearance may conform even less to gender identity.
infograph via the Sylvia Rivera Law Project www.srlp.org firstname.lastname@example.org 212.337.8550
For the first time ever, transgender detainees will be held in immigration facilities that match their gender identity, as opposed to being forced into spaces for people of their assigned birth sex.
U.S. Immigration & Customs Enforcement made the change as part of a larger program to improve its treatment of trans people, especially trans women. The decision also comes shortly after trans activist Jennicet Gutiérrez demanded at the White House that President Obama stop deporting LGBTQ people.
“This guidance does not change the fundamental issue that Jennicet Gutiérrez so bravely brought to President Obama last week: detention and deportation of transgender people must end,” said Kris Hayashi, director of the Transgender Law Center, a transgender civil rights organization based in San Francisco.
“The guidelines released by ICE don’t go far enough,” said Cristina Jimenez, the managing director of the immigrant rights group United We Dream, in a statement.
“There is more that ICE can and must do to ensure that lesbian, gay, bisexual, trans, and queer immigrants are safe,” said Jimenez.
ICE officials pointed out there are more transgender individuals that are outside on release mechanisms than in custody. Those release mechanism include posting bond, order of supervision, recognizance or alternative detention programs.
“It would be an improvement, certainly, to not be housed with men anymore, but it’s still not ideal. It’s still detention,” said Barbra Perez, a transgender woman who said she faced constant harassment while detained in an all-male facility last year.
There are still lots of questions around the new policies, particularly with regards to implementation, which has historically not been very reliable. We really are taking this step by step, it seems, but this step is a good one.
The Obama administration has deported more than 1.7 million people throughout his presidency. If these rates continue, nearly as many people will have been deported under his administration than during the years of 1892 to 1997.
May 19 2016 - AAGU (Anarchist Anti-deportation Group Utrecht) blockaded the entrance of the ministry of justice and security to protest the construction of a “family prison”.
This is a prison that is supposed to house asylum seeker families with children that the Dutch state is trying to deport. Many of these children have grown up here and have spent years and years in the Netherlands and have never known any other country.
The government describes this prison as a “child-friendly facility” in its’ press releases, deciding to ignore to mention the fact that it is surrounded by 5-meter high fences topped with barbed wire and completed covered by surveillance cameras. Just the type of place the owners of construction company
De Vries en Verburg of Stolwijk would love to see their own children stay, I bet. You can ask them at this phone number, or this email address.
Also, these are the people in charge of the company that is building this prison for children:
As always, apart from the politicians making these decisions, the people who are instrumental in the creation of the suffering of these families and these children, and who are actually profiting from it, are actual physical people with names, faces and addresses. Maybe an important thing to realise. [video]
Last night I spoke out to demand respect and acknowledgement of our gender expression and the release of the estimated 75 transgender immigrants in detention right now. There is no pride in how LGBTQ immigrants are treated in this country and there can be no celebration with an administration that has the ability to keep us detained and in danger or release us to freedom.
#Not1more strikes again: California youth protest for-profit immigration detention center November 25, 2013
Three young adults chained their necks with bicycle locks to the front gates of the newly reopened Adelanto Detention Center, a for-profit immigrant prison in California.
Since its reopening in 2011, Adelanto has become the largest immigrant detention center in California. It’s privately owned and run by GEO Group Inc., a for-profit prison corporation. Adelanto is already known for its “segregation cells,” a form of solitary confinement. The privately-owned prison has 1,200 beds to hold migrants who are either waiting for a ruling on their immigration cases or to be deported from the country.
The three young women are part of the Empire Inland-Immigrant Youth Coalition. The action was organized to support three family members currently detained inside the prison, with the broader demand to end inhumane incarceration and release everyone detained in time for the holiday season.
“We need a moratorium on deportations, deferred action for all, and the end of inhumane treatment,” said Luis Serrano of the Coalition.
Today’s action is part of the broader national #Not1more campaign intended to pressure President Obama to take administrative relief and halt deportations. Since he has taken office in 2008, nearly two million people have been deported, more than during any other time in U.S. history. The #Not1more campaign is behind the escalating national movement to use direct action to stop deportations, which include shutdowns of ICE detention centers across the country.
Nancy Morales is a wife and mother who is very ill with the autoimmune disease lupus. She and her husband, Victor, went to the Intensive Supervision & Appearance Program (ISAP) offices in San Francisco when Immigration and Customs Enforcement informed her that she was going to be placed in removal proceedings. Nancy and her husband had a petition that she had filed under her father, who is a U.S. citizen. As soon as she arrived to the ISAP office, they put her and Victor in deportation proceedings. Almost immediately after, Victor was deported back to Mexico and Nancy was forced to wear an ankle bracelet until her court hearing on April 8th.
Nancy is an aged out a DREAMer who was born in Guatemala and has been in the U.S. since the age of 14. She has a 14 year old U.S. citizen daughter and, due to her condition, she is not able to work in order to provide for her daughter and herself. Nancy is worried that this might force them to have to move out of the country with no resources.
Please sign the petition below telling ICE to drop her deportation case.
We are making calls to John Morton, Director of U.S Immigration and Customs Enforcement (ICE), at (202) 732-3000, please take 2 minutes to make a call.
“I am calling in support of Nancy Morales (A#72686369) she is a wife of a 14 year old citizen daughter and is i’ll with Lupus. She is a low priority deportation and is eligible for prosecutorial discretion. Nancy needs medical care not to be deported.”
There have been numerous Ice Raids occurring throughout the country today, families are being split up. If they knock on the door, know that you have rights
In the event that they come to your door:
Do not open the door:
They’ll try and trick you saying they’re looking for a dangerous criminal, do not believe them, this is how they get you. Ice doesn’t have the right to come in unless they have a signed warrant, I can’t stress this enough… do not open the door.
Ice can use what you say against you in court
Do not sign anything that Ice gives you:
Do not sign anything without talking to your attorney first
Report the Raid to 1-844-363-1423
Take out your phone, take video and pictures if you can. Write down all the information that you can like the agents badge numbers, how many there are and everything that happened.
French students barricade high school to protest deportation of classmates October 21, 2013
Thousands of French high school students have launched protests across Paris, building barricades to block their own schools’ entrances, to show their opposition to aggressive government deportations of their classmates.
The uprisings were touched off by what many are calling the “inhumane” expulsion of a 15-year-old Kosovan Roma student Leonarda Dibrani, who was arrested in front of her fellow pupils while she was on a school field trip earlier this month after her family was denied asylum. She, her five siblings, and her parents were subsequently deported to Kosovo.
Protests swept more than 30 schools in Paris and the suburbs on Thursday, according to the high school student union the UNL, with the Paris education authority reporting 14 schools were “disrupted.”
Students blocked entrances to several schools with barricades and protests. The Guardianreports, “At one high school in Paris students piled green garbage cans in front of the entrance and hung a banner saying ‘Education in danger.’” A mass protest took place at Paris’s Place de la Nation, France 24reports.
Some reports have emerged of clashes between protesters and police—who wielded batons and fired teargas.
“Everybody should have a chance. Everybody should have a job, work and have a family. When children try to achieve that, France refuses, and that is not my country,” said protester Romain Desprez in an interview with the Guardian.
“Everyone has the right to an education,” Steven Nassiri, spokesman of the FIDL high school union, toldAFP, explaining that protesters were demanding the return of students who had been deported from France.
Deportations like Dibrani’s are commonplace in a country known for its harsh immigration laws targeting its many migrant communities. France’s Interior Minister Manuel Valls sparked public outrage last month when he declared that a vast majority of the country’s 20,000 Roma residents should be deported.
“My home is in France,” Dibrani declared in French when interviewed from the Kosovo city of Mitrovica where she was deported, the Guardianreports. “I don’t speak the language here [in Kosovo] and I don’t know anyone. I just want to go back to France and forget everything that happened.”
Alfredo Carrillo (A# 089-826-103), father of 3 US citizen children who has lived in the U.S. for 17 years was pulled over and detained for driving without a license in Arapaho County, Colorado. Currently Alfredo is being held in Otoro County Processing Center, NM. Although Alfredo was previously deported in 2008, due to the economic hardships his family was facing he returned in 2010. He is low priority and should be released.
Make a Phone Call:
Call ICE Director John Morton (202) 732-3000 Sample Script: “ I am calling to urge ICE to release Alfredo Carrillo (A# 089-826-103), who is currently being held in Otero County Processing Center. Alfredo has been in the U.S. for over 16 years and has 3 U.S. citizen children that need the financial and emotional support of their father. Alfredo is low priority case that shouldn’t be detained. Let Alfredo Go!”
Ted Cruz:“For everyone who says you can’t possibly [deport 11.5 million people], I would note that in 8 years Bill Clinton deported 12 million people. In eight years George W. Bush deported 10 million people. Enforcing the law- we can do it. What is missing is the political will.”
Obama is “missing the political will” to deport undocumented people?
Asian American contingent in solidarity with Chicanas/os at a march against deportations, East Los Angeles, summer 1976. Photo courtesy of Mary Kao.
Census and other studies have put the number of all undocumented immigrants in the U.S. at approximately 12 million. About 1.5 million are Asians – representing 12 percent of the total Asian population – with 23 percent estimated to be Chinese, 17 percent Filipino, 14 percent Indian, 11 percent Koreans and the balance from a variety of smaller countries, all with different issues.
For instance, huge backlogs exist in families where immigrant citizens or legal permanent residents can bring spouses, parents and minor children from overseas. Their wait times are heartbreaking. The longest is for Filipinos, Narasaki said – they currently must wait about 19 years to reunite with family members. Chinese and Indians face up to nine-year waits.
Then there are the concerns of refugees from Southeast Asian countries such as Vietnam, Cambodia, Laos and Burma who are wary about strict filing deadlines for asylum claims and crackdowns on deportations for minor criminal offenses.
San Francisco activists, undocumented youth block deportation bus October 19, 2013
Some 100 people—many of them undocumented youth—blocked a deportation bus Thursday evening outside immigration headquarters in San Francisco. For the next two hours or so, about 20 people placed themselves in front of and in back of the bus. Many of those involved recently attended a convergence in Arizona, which included trainings and civil disobedience actions, including the blocking of another deportation bus.
Federal immigration police told demonstrators that they would face felony charges if they didn’t clear the way—but activists held their ground. They were eventually escorted away from the bus, which was packed with immigrants preparing to be deported or heading to detention centers, and the bus took off.
It’s likely that demonstrators will hold similar actions in various cities in the coming days, as they demand President Obama halt record-setting deportations.
In 2011, Ray Jesús was helping his wife prepare food for their family’s catering business when he was tackled outside of his home by ICE agents. He was deported to his home country of Guatemala where he spent years away from his wife and children. Ray was a business owner, tax payer, but most importantly, he was the father of 5 children who missed his presence and financial support.
This short doc takes a look at the financial cost on both families in the United States of those deported, and the U.S. government, which has been deporting 1,000 people a day under Obama. As Barack Obama considers ways to enforce immigration laws “more humanely,” VICE News traveled to Guatemala to meet with Ray Jesús, and tell his story.
Update: Ray Jesús is back home with his family. While this is great news for our Chapino brother, how many more of his paisanos, and ours, are still living the nightmare that he lived for almost 3 years? Too many!
Where Obama promised to focus enforcement efforts on dangerous criminals, he has instead focused on hardworking men and women who pose no danger to the United States. Thousands of separated families will be his legacy. Obama, ¡ya no chingues!