Showing posts with label new york. Show all posts
Showing posts with label new york. Show all posts

Tuesday, 17 January 2012

Report: Inadequate legal representation for migrants in New York

Source: New York Times

By Kirk Semple

They are often poorly prepared or make incoherent arguments in court. Some fail to present key evidence or witnesses. Others simply do not show up.

The performance of many lawyers who represent immigrants facing deportation in New York has long been considered mediocre. But in a new report that seeks to measure the extent of the problem, immigration judges themselves step forward and offer a scathing assessment of much of the lawyering they have witnessed in their courtrooms.

Immigrants received “inadequate” legal assistance in 33 percent of the cases between mid-2010 and mid-2011 and “grossly inadequate” assistance in 14 percent of the cases, the judges said. They gave private lawyers the lowest grades, while generally awarding higher marks to pro bono counsel and those from nonprofit organizations and law school clinics.

The study was conducted by a group of lawyers and researchers under the auspices of Robert A. Katzmann, a federal appellate judge in New York City. A year ago, they began sifting through government data and surveying immigration judges in an attempt to measure the quality and availability of legal representation for immigrants facing deportation.

Their report will be published this week in the Cardozo Law Review, a publication of the Benjamin N. Cardozo School of Law at Yeshiva University in Manhattan.
“We began this effort with an intuitive sense of the scale of the problem,” the report says. “The numbers sadly bear out that intuition in the starkest form.”

Wednesday, 14 December 2011

Report: Testimony on LGBT detention issues in US

Source: ImmigrationEquality

Proposed Testimony for New York City Council Hearing on December 13, 20011 on the topic of LGBT detention. Presented by Clement Lee, Legal Fellow Immigration Equality.
Testimony on LGBT Detention Issues

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Tuesday, 6 December 2011

More protests against anti-gay Nigerian bill

By Paul Canning

Nigerian activists with Nigerian LGBTQI in Diaspora, friends and allies, and campaigners with AllOut.org rallied outside of the Nigerian Mission to the United Nations 5 December and delivered a petition with 60,000 signatures.

The Nigerian Senate has passed a bill that would make it a punishable offense—of up to 14-years in prison—for anybody to go to a gay bar, to work for or be involved with LGBT organizations, or to be in an openly gay relationship.

Anyone who doesn't report men or women living together - a 'gay marriage' in this bill - would also be punished. The bill (see copy below) appears to punish anyone supporting LGBT human rights, or even writing about gay people.

After passage through the Senate the bill goes through the House of Representatives before requiring the President's signature.

“Stop turning us into refugees,” Ifeanyi Orazulike, Director of the International Center for Advocacy on Right to Health (ICARH) said at Monday's rally.
“Instead of passing anti-gay laws, Nigeria needs to focus on repealing its sodomy laws, laws that were originally imposed by British colonialism."
The Consul-General of Nigeria to the UN, Mr Habib Habu, told the News Agency of Nigeria (NAN) that was told that the protesters came around and left after a while without demanding to present their grievances to anyone.
"I learnt it's like people making a brief stop-over for a while. If they had requested for me, I would have received them," he said.
The bill has been publicly criticised by the businessman Richard Branson.
“All of us with influence in Nigeria must do what we can to stop this cruel law. I would urge educated Nigerians all over the world to do what they can to help fight this discrimination,” he wrote.
The small protests, as well as the large petition, have generated substantial media coverage in Nigeria.

As well, BBC News carried this video interview with Queer Alliance activist Rashidi Williams, who was one of the activists shouted down at the Nigerian Senate hearing last month.

An ongoing theme of the reports as well as comments in social media is the impact if the bill becomes law in generating refugees.

Speaking to This Day Live, bisexual Nigerian diaspora activist Yemisi Ilesanmi said:
"Criminalising same sex relationships makes us refugees; it turns us into asylum seekers in other countries. This also affects our beloved country as emigration causes brain drain." 
"Many talented Nigerians are living in Diaspora openly as gays, lesbians, bisexuals, and transsexuals. We contribute positively to the development of our country of residence but we are afraid to come live and contribute to the development of our motherland because of fear of victimisation. We visit home with trepidation because at home we have to live a life full of lies and deny who we are for us to be accepted.  Why do we want to keep subjecting our citizens to such psychological and emotional torture?" 
"Some Nigerian Lesbians, Gays, Bisexuals, Transsexuals and Intersex living in Diaspora are married to same sex partners or planning to do so.  Section 1(3) of this bill states that a valid same sex marriage entered into abroad would not be valid in Nigeria. This is unfair." 
"We as Nigerian LGBTIs living in Diaspora do not want to be isolated from our family members and childhood friends. Many of us grew up in Nigeria and are happy to call Nigeria our motherland. However, because of the misconception surrounding our sexual orientation, and the criminalisation of thereof, we are estranged from our loved ones. Families have been broken, friendship links cut off and hate fostered - all because of ignorance and misunderstanding." 
"Many Africans became intolerant of homosexuality and transsexuals only after foreign religions were imposed on them. In many African cultures, homosexuals and transsexuals were revered and worshipped as spirits of the gods. Sango, the god of thunder was often described as a beautiful man who dressed and accessorised and had his hair braided like a woman. Sango priests, all men, dress in women apparels when performing traditional rituals. Now tell me that is un-African!" 
"I am Proudly African and I am mystified whenever I am accused of "promoting and defending European sexual perversity" (whatever that means). In fact from various historical paintings on Ancient Africans walls, our ancestors enjoyed homosexual sex, affection and love and that was one reason Christian missionary colonisers immediately imported their sodomy laws into our constitutions; they imported homophobia because they thought our free loving ancestors were barbarians!" 
"Many claim Homosexuality is Alien to Africa. I am an African, I am bisexual, I was bisexual before I ever met any white person or stepped foot on European shore, so does that mean I am a fake African?"
Nigeria Same Sex Marriage Bill-final

Wednesday, 30 November 2011

Nigerian legal attack on LGBT worsens

By Paul Canning

Nigeria's Senate 28 November passed an 'anti gay marriage' bill adding further penalties and extending its scope.

The Senate added to provisions targeting those living together (and those who don't report them) with new clauses making it illegal to register gay clubs or organizations, as well as criminalizing the “public show of same-sex amorous relationships directly or indirectly” with 10 years imprisonment.

Says Associated Press:
…The bill also could target human rights and HIV-prevention programs run by the U.S. Agency for International Development and the Center for Disease Control and Prevention in Nigeria, which has the world’s third-largest population of people living with HIV and AIDS. A U.S. Embassy spokeswoman declined to immediately comment.
Sen. Baba-Ahmed Yusuf Datti said during Monday's debate:
"Such elements in society should be killed."
Davis Mac Iyalla campaign director of the Nigerian LGBT in diaspora group, said:
“The Nigeria senators have further demonstrated their hate, discrimination and oppression of vulnerable LGBT Nigerians. I call on all respected human rights activists to join forces with us to fight the bill.”
The campaign group expressed its concerns that the bill would further turn many LGBT Nigerians living in diaspora into asylum seekers and refugees. Yemisi Ilesanmi from the group has condemned what she has called the "deafening silence" of Nigerian liberals and the left on the bill. Some Nigerian human rights groups have pointed out that a bill supposedly aimed at gay people will impact marginalised groups like migrant workers, making them subject to bribery demands from police.

The Initiative for Equal Rights (TIERs) Executive Director- Joseph Sewedo Akoro said:
“The implication of this bill is enormous and threatens TIERs legal position to operate as a human rights organization in Nigeria.”

“We are greatly concerned by this development and hope that the House of Representatives will be careful in dealing with the bill: recognizing the provisions of the constitution towards human rights promotion and international human rights obligations.”
Writing in Behind The Mask, Akoro noted that "International opinion didn’t seem to trouble lawmakers, some of whom laughed and joked during the debate."

"One senator however worried that the bill would hinder the tradition of Nigeria’s Igbo ethnic group in the southeast. In this community infertile wives are allowed to “marry” other women to bear their husbands’ children," he wrote.

TIERs called for other members of the Nigeria Human Rights Community to raise their voice in disapproval of the bill. It also called for both the Nigeria Human Rights Commission and the National Agency on the Control of AIDS to speak out. Neither has thus far.

Peter Tatchell, Director of the human rights advocacy organisation, the Peter Tatchell Foundation, added: 
"This bill violates the equality and non-discrimination guarantees of Article 42 of the Nigerian Constitution and Articles 2 and 3 of the African Charter on Human and People's Rights, which Nigeria has signed and pledged to uphold."
"There is a good chance that this bill, and Nigeria's long-standing criminalisation of same-sex relations, can be challenged in the courts. This could be a future option for LGBTI campaigners and human rights defenders."

"The law against homosexuality is not an authentic national law that originated in Nigerian jurisprudence. It was imposed on Nigeria by the British colonial administration in the nineteenth century. Despite Nigeria now being an independent country, this British colonial law has never been repealed."

"Our Nigerian colleagues are still hopeful that they can defeat the bill at the next stage. We stand in solidarity with their struggle for LGBTI equality," he said.
Nigerian LGBT in diaspora held a protest in front of the Nigerian House in London recently and there will be another protest rally at the Nigerian embassy in New York, 5 December.

The bill now goes to the House of Representatives, then for signature by the President, Goodluck Jonathan.
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Wednesday, 19 October 2011

Global conference calls for international coalition against criminalization of homosexuality

By Ken Williams

Almost 100 prominent leaders, after two days of intense meetings and workshops, have agreed that there is an urgency to form an international coalition to fight for the global decriminalization of homosexuality.

It is a crime to be gay in 76 countries across the globe, mostly in Africa and Asia, but those attending the consultation heard from speakers who warned of a growing movement sponsored by America’s Religious Right to criminalize homosexuality here and abroad.

Compass to Compassion – Discovering a Common Way to LGBT Global Equality” brought together faith, secular, academic, government and media leaders for the consultation on Oct. 11-12 in the grand Social Hall at Union Theological Seminary at Columbia University.

This was the third consultation by this informal group, which was charged by the Human Rights Watch to form a network of progressive faith leaders to counter the attempts by Uganda’s Parliament to pass the “Kill The Gays” bill. The first meeting was in June 2010 and the second one was in December 2010, both conducted at the UN Church Center in New York City.

Last week, the consultation attendees, now including many secular as well as faith leaders, discussed concrete ways to extinguish homophobia across the world and to end punitive laws that deprive LGBT people of jobs, education, housing, equal rights, dignity and, in a number of countries, their freedom or their lives.

Focusing on Uganda and religious extremists

Day One put the focus on Uganda, often called the “line in the sand” over criminalization of homosexuality, as well as religious extremism on LGBT people abroad.

Keynote speaker Jeff Sharlet, the journalist who penned “The Family,” a book that exposed the Religious Right’s hold on American politics, told attendees that The Family is the most influential fundamentalist group in Washington, D.C., and has been meddling in Uganda and other parts of Africa for decades.

Bishop Christopher Senyonjo, a retired Anglican leader who has been hailed as the Bishop Tutu of Uganda and a straight ally, spoke about his grassroots effort to minister to LGBT people in his homeland and about the resistance he faces.
“We need decriminalization of LGBT all over the world,” he said.
Other speakers warned of the growing religious movement called Dominionism and whose supporters want to turn the United States into a Christian nation and remake laws to reflect a strict evangelical point of view. American politicians such as Michele Bachmann and Rick Perry have embraced this controversial movement, which is dividing even evangelicals, said the Rev. Dr. Kapya Kaoma, project director of the Political Research Associates.

Taking a positive approach

While a number of LGBT activists from Africa told of persecution and discrimination, some pointed to signs of progress from a grassroots level and urged mainstream media to acknowledge and support those efforts.

Val Kalende, from Freedom and Roam in Uganda (FARUG), said the media focus on the horrific implications of the “Kill The Gays” bill, while ignoring the success stories. She said that by focusing on the homophobia that is rampant in the culture, that the media are sending the wrong message that all Africans are anti-gay when in reality there are LGBT people and their straight allies who are quietly working toward the goal of achieving equal rights for all people.

Kalende, like most activists who spoke during the consultation, outlined the dire need for financial support. Some told of having sparse budgets of less than $10,000 per year to support their efforts to fight homophobia.

Goals for the future

The network is now transforming into a coalition that established three key goals.
  1. Convene a theological conference in Kampala, the capital of Uganda, to share with Ugandans and other Africans that progressive and liberal faiths embrace the concept that all people, whether LGBT or not, are God’s children and are deserving of full human rights that allow them to love who they want, live in peace, and have equal access to health care and education.
  2. Conduct a conference on HIV/AIDS and related health issues in Malawi.
  3. Schedule a conference at Harvard University to formulate media strategies for creating a “Gay Associated Press” or a clearinghouse website where LGBT stories can be shared globally.

~~~~

What’s really going on in Uganda?

The notorious “Kill The Gays” bill is still floating around Parliament despite almost universal condemnation over the draconian attempts to criminalize homosexuality and punish anyone who comes to the aid of LGBT people.

Investigative reporters and faith leaders warn that Uganda is the “line in the sand” over the criminalization of homosexuality, a movement propagated and financially supported by the Religious Right in America.

LGBT activists, however, tell of small victories on the ground and the desperate need for cash to keep up their grassroots efforts to change hearts and minds.

Last week, during the “Compass to Compassion – Discovering a Common Way to LGBT Global Equality” consultation at Union Theological Seminary, almost 100 prominent leaders representing a wide diversity of faith and secular communities attended a case study that focused on Uganda.

Bruce Knotts, executive director of the United Nations Office for the Unitarian Universalist Association of Congregations, introduced the session. He provided a brief history of the gathering, the third such meeting since Human Rights Watch alerted progressive and liberal clergy in America in spring 2009 to do something about the “Kill The Gays” bill in Uganda.

Knotts was not shy in condemning efforts by the Religious Right to promote the criminalization of homosexuality across the globe. He accused conservative faith leaders of employing “Nazi-like tactics” to push the “Kill The Gays” bill in Uganda, which has been copied by other countries.
He told of how the proposed Uganda legislation, also known as the Bahati Bill, would be far-reaching and would affect even landlords, who would face long prison sentences if they rented to LGBT people.
“This bill was created in the U.S. by so-called Christians,” Knotts said. “Parents would be forced to report their gay children or be tortured and imprisoned.”
Knotts ripped into anti-gay activist Scott Lively for perpetuating the myth that the Nazis were gay, noting that it was the gays and the Jews, along with many other groups opposed to the Third Reich, who were being shipped off to concentration camps and most often to their deaths.

As a former diplomat and foreign service officer, Knotts has served in Zambia, Kenya, Sudan, Ivory Coast, Guinea, Sierra Leone, Liberia, Gambia, Greece, India and Pakistan. He is also former chair of the NGO Committee on Human Rights. He has first-hand knowledge of LGBT issues in Africa and Asia.

Knotts said he believes that most Africans are offended by the invasion of privacy that is being perpetuated by the meddling of western Evangelicals and fundamentalists who want to dictate the moral standards of nation’s far from America.

He noted that the “U.S. Constitution was written over 200 years ago in English and that we can’t still say what it means because it is constantly being interpreted … so how do we approach Scripture (which is ancient by comparison) with humble uncertainty?”

Knotts said Scripture throughout history had been used to justify slavery and to oppress women, but today we reject those passages. He said future generations will also reject homophobia.

Returning to his original theme, Knott posed the question: “Is there a new Nazi-like system growing in the U.S.? After reading Jeff Sharlet’s book (‘The Family: The Secret Fundamentalism at the Heart of American Power’), I grew more concerned.”

Keynote speaker Jeff Sharlet

Jeff Sharlet’s groundbreaking work on The Family and its homophobic agenda exposed its far-reaching influence not only in American politics but on a global scale.

Sharlet traced the roots of The Family back to the 1930s when its disciples fought FDR’s New Deal and its founder, Abraham Vereide, praised Hitler’s “youth work” and lauded the tactics of strongmen who ruled with an iron glove. The message today remains the same: “Jesus plus nothing” (the title of his first magazine piece on The Family).

During his speech, which had the titillating title of “Missionary Positions: The Sex Tourists of American Fundamentalism,” Sharlet talked about how American missionaries are coming to Uganda and elsewhere in Africa to teach the natives about sex between a man and a woman. He blasted people like Lou Engle and The Call, often called a “fringe figure,” Sharlet said, but “he’s not that marginal” because politicians like Michelle Bachmann and for Sen. Sam Brownback (now the governor of Kansas) cozy up to Engle.

Sharlet said Engle went to Kampala, the capital of Uganda, to rally the troops in support of the “Kill The Gays” bill, but noted that attendance was sparse. “It was for the videos,” he said. “It is really about the regulation of sexuality in America.”

The Family has taken its lumps in recent years. It seems to have survived the C Street sex scandal, and nearly every politician in Washington still attends The Family’s National Prayer Breakfast every year despite its ties to homophobic legislation in Africa.
“Since the early ‘70s, The Family has been the most influential fundamentalist group in Washington,” Sharlet said. “Their influence has expanded globally. … The Family has been involved in Uganda for decades.”
Sharlet said David Bahati, the anti-gay member of Parliament who introduced the “Kill The Gays” bill, is aligned with The Family and the group brought him to the U.S. to study.

Another frequent visitor to Uganda and Africa is conservative Sen. Jim Inhofe (R-Oklahoma), and Sharlet said the senator has “adopted” more than a dozen African countries as his “children.” Inhofe is immortalized for his first Senate campaign based on “God, Gays and Guns.” The homophobic Inhofe preaches the message of The Family that there is “too much wicked sex in the U.S. and that he admires Uganda’s purity.”

Sharlet exposed the myth that Rick Warren, an Evangelical megachurch pastor of Saddleback Church in Lake Forest, Calif., is progressive despite having given the invocation at President Barack Obama’s inauguration in January 2009. He said Warren runs to Africa where he claims he can say things he can’t say back home because they are politically incorrect. “The fight (or social wars) are lost in the U.S. but there is hope in Africa,” Warren reportedly said.

He concluded by sharing a story on Bahati, who said “let’s find common ground.” Sharlet said Bahati’s offer was pure rhetoric.
“Now is not the time for finding common ground,” Sharlet concluded. “A master and a slave sit on common ground.”
Panel discussion

Bruce Knotts moderated the panel discussion featuring Bishop Christopher Senyonjo, a retired Anglican from Uganda; the Rev. Mark Kiyimba, founding minister of the Kampala Central Unitarian Church; Val Kalende, a postgraduate student at Episcopal Divinity School who is an activist from Uganda; and Dr. Scott Long, visiting fellow in the Human Rights Program at Harvard Law School.

Bishop Christopher, who heads St. Paul’s Foundation for International Reconciliation with the Rev. Canon Albert Ogle of San Diego, spoke of his work as a straight ally in ministering to LGBT people in Kampala.

Through fundraising in the west as well as receiving a grant from the Elton John Foundation, St. Paul’s has been able to provide HIV/AIDS counseling and other LGBT services in a country that is trying to criminalize homosexuality.
“We need to decriminalization of LGBT all over the world,” the bishop said.
Bishop Christopher said there was a need to teach people about human sexuality … that it’s not only heterosexuality. “Many people who oppose homosexuality don’t know human sexuality,” he said.

Speaker after speaker over the two days of the consultation idolized the work of Bishop Christopher, whose life was put in danger when an anti-gay tabloid called Rolling Stone published his photo on the cover of its edition that advocated the hanging of LGBT people in Uganda.

The Rev. Kiyimba noted that the bishop had confirmed him into the Anglican Church when he was 14. Kiyimba is now a Unitarian.

Kiyimba talked about the difficult work of changing hearts and minds of Ugandans, most of whom attend churches that preach against homosexuality. He said LGBT Ugandans face abuse, discrimination and denial of rights.

Still, Kiyimba offers up hope for Uganda, noting that churches such as his preach tolerance and acceptance of all people.
“We all share ground on this planet,” he said. “At the same time, we are one people.”
Kalende, the lesbian activist, rattled off the many ways “the state is witch-hunting LGBT people.” She cited the tragic murder of fellow activist David Kato, a slaying that shocked the world. Just this month, Kampala’s only gay bar closed, leaving LGBT people without a public gathering place.
“The stories you hear (in the press) are LGBT people thrown in jail, blackmail and people arrested (on bogus charges,” Kalende said. “What you aren’t hearing is the good things that are happening. We are NOT in hiding!”
Kalende said there is a sizable group of young, passionate activists who are fighting the battle on the ground. “The Rolling Stone court case was won,” she said, giving an example.
“Tell the stories that celebrate us,” she urged the media.
Like many activists from Africa, Kalende pleaded for funding to continue work at the grassroots level. “Funding is a challenge,” she said. “We cannot fight the well-funded fundamentalists who are funding hate. “

Dr. Long spoke on the international response to the Uganda story and what can be done about decriminalizing homosexuality.

Long credited activists on the ground in Uganda for helping to keep the “Kill The Gays” bill from passage. He also praised those activists from framing the story as human rights, not just gay rights, because the abuses are widespread.
“I honor those heroes who stood up … and spoke out for what’s right,” Long said.
Ken Williams is Editor In Chief of San Diego Gay and Lesbian News
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Wednesday, 14 September 2011

How New York's gay marriage rights helps LGBT in Malaysia

Rev. Oyoung Wen Feng and his partner Phineas Newborn III
By Paul Canning

The wedding of controversial gay author and pastor Rev. Oyoung Wen Feng and his partner Phineas Newborn III in New York on August 31 – Malaysia's Merdeka (independence) Day – has led to headlines for LGBT issues in Malaysia.

Oyoung is a highly contentious figure who faced outrage and threats when he opened in 2007 the first gay-friendly church in conservative Malaysia, where homosexuality is punishable by 20 years in jail.

Explaining his decision to pick August 31, he told Fridae in a interview published last month:
"(The date) is to honour my country, I am proud to be a Malaysian, even though the government sucks!

"But I believe things will get better, if all people will come out to fight for a better future, I am not talking about come out in terms of sexuality, but come out from fear, regardless what kind of fear it is, whether it is the fear of choosing ones career, or fear of coming out from a bad relationship, or fear of coming our from dictatorship and oppression."
“Day by day we see various attempts to destroy our value system and Pastor Ou is doing it in the open,” columnist Melissa Chi wrote of the marriage in Utusan Malaysia, a conservative daily newspaper. Ouyang’s “attempt to break this value system to marry the same gender in this country has to be opposed. In fact the government has to act to block him,” she wrote.

Islamic Affairs minister, Datuk Seri Jamil Khir Baharom, said that “social problems” would arise if such “extreme human rights” were permitted. “I think it [the marriage] will encourage liberalism in Malaysia and this understanding is worrisome,” he told reporters.

Malaysian authorities periodically raid gay-friendly bars or massage parlours, leaving some with a constant fear of persecution, while a prominent religious body in 2008 issued a fatwa, or Islamic religious ruling, against lesbian sex.

A Malaysian man who came out in a YouTube video in December was forced to take down the video, “Saya gay, saya okay,” after he received violent threats. Seksualiti Merdeka, a Malaysian gay advocacy group that helped post the video, explained the decision to remove the video and lamented that “so far nobody in authority has denounced the threats of violence.”

Last month the passing of transgender woman Aleesha Farhana, whose application to officially change her name and gender was rejected by the High Court despite having undergone a sex reassignment surgery in Thailand two years ago, sparked petitions and protests and led to what many saw as a positive sign of change in the government's attitude.

Tuesday, 6 September 2011

Video: 'Sans papiers' life in the East Village, New York



Source: The Local East Village

In the bars and restaurants of the East Village, immigrant workers, many undocumented, toil behind the scenes cooking food, waiting tables, and doing whatever else they can to keep the nightlife abuzz. Felipe Baeza is one of them. He serves food and drinks in a hopping East Village restaurant. For Mr. Baeza, 24, the job was to be a mere stepping stone into an exciting art career, which was to begin three years ago when he graduated with a degree in art from The Cooper Union.

But Mr. Baeza, who as a young boy left Mexico for the United States, doesn’t have a work visa or Social Security number, so he cannot legally work in the U.S. Under current federal law, the jobs he studied to perform are not available to him because of his status.

As Mr. Baeza looks from beyond a bar lined with moist beer bottles and cocktail glasses, he sees his classmates finding success in the art world, at home and abroad. In a word, he is frustrated.

“My options are very limited,” he said. “I couldn’t work in a print shop. I couldn’t even assist an artist.”

Mr. Baeza arrived in Chicago when he was seven, a year after his parents migrated to the U.S. in search of work and an improved life for him and his sister. He quickly learned English and eventually earned a scholarship at the School of Art at The Cooper Union.

Mr. Baeza was relieved and overjoyed to receive the full tuition scholarship. He knew his parents did not have money to send him to college, and federal law barred undocumented immigrants from federal financial aid.

By his senior year in 2009, he received unwelcome press attention when a Catholic group attacked artwork he had displayed in a public art show at the school. The group had objected to the placement of religious symbols in a sexual context.

Most recently, Mr. Baeza found himself in the news again, though this time he was more willing to embrace the attention. Saying he is “frustrated” and “angry” about not being able to work and advance his career, Mr. Baeza has turned to activism to advance his cause.

Mr. Baeza, along with five others, was arrested in June in Georgia during a demonstration, where he was demanding rights for undocumented immigrants. Since his release, he was been working with the New York State Youth Leadership Council, an organization led by undocumented immigrant youth. The group is currently trying to advance the New York Dream Act, which, if enacted, would potentially extend access to higher education, drivers’ licenses and work authorization to undocumented immigrants in the state.

The Act is being taken up in response to the failed attempt of Congress in 2010 to pass the federal Dream Act, which would have provided work authorization and a path to citizenship for immigrants who, like Felipe, were brought to the U.S. as children and pursued higher education.

Back in the East Village, Mr. Baeza traverses the streets to pick up discount art supplies at a local shop. He stops by his work to pick up his tips, and makes a deposit at the bank.

“I feel like I have all this money, but then I have to pay rent,” he says. He is still frustrated about not being able to work in the art field, but has a new sense of empowerment knowing he is not alone.

Wednesday, 11 May 2011

Gay-bashed Mexican migrant finally freed from US jail

Ricardo Muñiz
Source: Feet in 2 Worlds

By Monika Fabian

A month ago, a jury found Ricardo Muñiz innocent of assaulting a 65-year-old man during a fight outside a Brooklyn, New York, bar in July 2009. The dispute began when two men harassed Muñiz and a friend of his with homophobic epithets in the bar, according to published reports.

Yet in spite being cleared of all criminal charges, it appeared as if Muñiz would remain behind bars.

During his pre-trial detention, Muñiz, 25, became ensnared in the Rikers Island Criminal Alien Program, which identifies and reports undocumented immigrants to Immigration and Customs Enforcement.

Immigrant advocacy groups Make The Road New York and the Cardozo Law Clinic collected letters to ICE on  Muñiz’s behalf from coworkers and social organizations requesting his release. The advocacy proved successful and Muñiz was released two days after his acquittal, following 20 months of detention at Rikers.
Make The Road co-executive director Andrew Friedman says Muñiz’s release from his immigration hold was quite unusual, even though he was found innocent.
“The city’s own numbers show that about half the people they detain for the Feds, and help the Feds deport, actually are innocent of the charges that bring them to Rikers in the first place and have no prior record,” said Friedman.

Wednesday, 6 April 2011

Event: New York: LGBT asylum strategies

Statue of LibertyImage via Wikipedia
Strategies for Winning Asylum by Overcoming Stereotypes in Sexual Orientation and Gender Identity Based Cases

Thursday, April 7 at 5:00pm at the New York LGBT Community Centre

This workshop will provide an overview of asylum law as it relates to applicants who identify themselves as lesbian, gay, bisexual or transgender.  We will discuss how to overcome difficulties applicants for asylum based on their sexual orientation and gender identity have in meeting their burden of proof as to their sexual orientation or gender identity.

Proving sexual orientation or gender identity can be complicated by having hidden sexual orientation or identity in one's country due to societal repression and fear of ostracism and persecution, and having had relationships with, marriages and children with members of the opposite sex. Particularly, lesbians face establishing sexual orientation may be lesbian applicants may face additional cultural/societal barriers due to family obligations and economic and societal reliance on males within their countries. At the end of the program there will be time for questions and answers.

Program moderators: Nicole R. Abruzzio, Esq., and Alexander V. Bibicheff, Esq.

Sponsored by BIBICHEFF & ASSOCIATES, P.C., Attorneys and Counselors at Law, 2568 86th Street, 2nd Floor, Brooklyn, NY 11214
Tel. (718) 232-3625 Fax (718) 232-4943 E-mail: law@bibicheff.com www.bibicheff.com
  • Price: Free
For More Information; Yojani Hernandez, 212-620-7310, yhernandez@gaycenter.org
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Saturday, 26 March 2011

In New York, gay immigrant youth struggle with homelessness

Source:
 
Video: Adrielle Grant is a 19 year old immigrant from Guyana. He is gay and homeless in New York City.



Juan Valdez's story



Source: Edge Boston

By Von Diaz

This story first appeared at Feet in 2 Worlds, an organization dedicated to telling the stories of today’s immigrants.

Juan Valdez vividly recalls the night he left home.

"I grabbed a whole bunch of black plastic bags, packed all of my things, and went to my best friend’s house. And, I mean, what else could I do? I was 16, I didn’t know how to do anything," Juan said.

Juan was kicked out of his house when he revealed to his parents that he was gay.

Adrielle Grant has a similar story.

Monday, 7 February 2011

New York Times gay asylum article misled, say advocates

The New York Times building in New York, NY ac...Image via Wikipedia
By Paul Canning

Two leading NGOs which support LGBT Asylum Seekers in the United States have written to the New York Times protesting the impression left by a widely circulated article that heterosexual people are commonly claiming to be gay in order to win asylum in America.

The article Gays Seeking Asylum in U.S. Encounter a New Hurdle, said that "desperation [has] led some straight immigrants to feign being gay in hopes of winning asylum."

It gives an example of one lawyer whose client applied for asylum on the basis of sexual orientation, then showed up a few weeks later with his wife, and the 2009 case of Steven and Helena Mahoney of Kent, Wash.who pleaded guilty to charges stemming from a consulting business in which, among other things, they coached straight people on how to file gay asylum claims.

Victoria Neilson, legal director of Immigration Equality, and Lori Adams, staff attorney of the Refugee Protection Program, Human Rights First, told the New York Times:
"While we appreciate your coverage of lesbian, gay, bisexual and transgender asylum seekers, the article is not consistent with our experience in several ways."

"Each year, Immigration Equality and Human Rights First provide legal representation to hundreds of asylum seekers, and our legal team and pro bono lawyers win safe haven for most of these individuals."

"In our experience, however, it is exceedingly rare for asylum seekers — whose families and home countries often stigmatize gay and transgender people — to present themselves falsely as lesbian, gay, bisexual or transgender to immigration officials. We have not seen an emerging trend of straight individuals claiming to be gay for immigration purposes."

"Indeed, asylum seekers undergo rigorous evaluation by immigration officials to ensure that their claims are authentic. Nor have we seen a “new hurdle” for L.G.B.T. asylum seekers having to prove that they are “socially visible.” While there have been a few cases where adjudicators have demonstrated a bias in L.G.B.T. cases, we have found that most United States officials do their jobs, and verify claims made in asylum applications while respecting an individual’s identity as an L.G.B.T. person."

"Until L.G.B.T. rights are respected around the world, asylum remains a lifeline for those fleeing persecution."

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Friday, 4 February 2011

Video: US vigils for Ugandan David Kato

Two vigils for the murdered Ugandan LGBTI activist David Kato were held in the US yesterday.

In New York, here's New York City Council speaker Christine Quinn's powerful speech.



HT: Towleroad

Ugandan lesbian activist Val Kalende - on a US speaking tour - also gave a powerful speech:


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Monday, 31 January 2011

In US, 'gay it up' if you want asylum

drag queensImage by mauri212 via Flickr
Source: New York Times

By Dan Bilefsky

NB: This article has been the subject of a letter labeling it as misleading.

Romulo Castro considered attending his asylum interview in Rosedale, Queens, dressed as Fidela Castro, a towering drag queen in six-inch stilettos, a bright green poodle skirt and a mane of strawberry blond hair. In the end, Mr. Castro, 34, opted for what he described as understatement: pink eye shadow, a bright pink V-neck shirt and intermittent outbursts of tears.

After years of trying to conceal his sexual orientation back home in Brazil (where Fidela never made an appearance), Mr. Castro had been advised by his immigration lawyer that flaunting it was now his best weapon against deportation.

“I was persecuted for being fruity, a boy-girl, a fatso, a faggot — I felt like a monster,” said Mr. Castro, who reported being raped by an uncle at age 12, sexually abused by two police officers, and hounded and beaten by his peers before fleeing to the United States in 2000. “Here, being gay was my salvation. So I knew I had to put on the performance of my life.”

Amid international outcry over news of the Czech Republic’s testing the veracity of claims of purportedly gay asylum seekers by attaching genital cuffs to monitor their arousal while they watched pornography, some gay refugees and their advocates in New York are complaining that they can be penalized for not outwardly expressing their sexuality. While asylum-seekers and rights groups here expressed relief that use of the so-called erotic lie detector is impossible to imagine in the United States, some lamented in recent interviews that here too, homosexuals seeking asylum may risk being dismissed as not being gay enough.

Wednesday, 19 January 2011

In New York is marriage equality a priority for LGBT immigrants?

Variation of the United States (USA) flag, wit...Image via Wikipedia
By Erwin de Leon

Governor Andrew Cuomo, during his first state of the state address, called for “justice for all” through the passage of a marriage equality bill this year.  A majority of New Yorkers now favor equal rights for gay couples—a recent Sienna Poll shows a 12-point margin in support of same-sex marriage in every region of the state. Is it inevitable that lesbian and gay New Yorkers will soon have the freedom to wed?

The Empire Pride State Agenda (EPSA), a leading advocate for gay marriage in New York, is cautiously optimistic. “There is a clear and credible path to victory this year,” said George Simpson, the group’s communications coordinator. In addition to support from the new governor, Simpson says it’s a good sign that Republican Senate Majority Leader Dean Skelos has indicated his openness to a conscience vote, which bodes well for gay marriage legislation. But Simpson hedged his bets, admitting that there will be several challenges ahead.

“It will take a lot of hard work to achieve marriage equality in New York State this year. It’s always difficult to predict when a vote on anything will happen in Albany,” Simpson said.  In addition, gay marriage advocates are up against an unanticipated nine billion dollar budget deficit, challenging economic times, and the dysfunction of Albany.

Some queer activists in immigrant communities are skeptical about pushing a marriage equality bill at this time. They contend that it isn’t the number one priority for most New Yorkers, straight or gay.

Saturday, 8 January 2011

Transgender immigration specialist bureaucrat appointed in New York

Seal of the United States Department of Homela...Image via Wikipedia
Source: Immigration Equality

By Aaron C. Morris, Esq.

Yesterday, a transgender client of mine called to tell me that she had fallen to the floor crying when she heard that her green card application had finally been approved. Although this might be cause for celebration and relief for many people, it was particularly so for her. After eleven months of battling, the Department of Homeland Security agreed to recognize the validity of her marriage to her U.S.-citizen husband.

Over the past few years, Immigration Equality has increased its representation of transgender individuals in marriage-based green card applications. Some of our clients are transgender U.S. citizens who have fallen in love with an opposite-sex foreign partner. Others are cisgender U.S. citizens who have married a transgender foreign person.

In each case, and with each new immigration officer, we have had to start from scratch to prove the ability of the U.S. citizen to sponsor his or her spouse. While many immigration officers in New York were open-minded about the possibility of transgender marriage, they were almost always uncertain or confused about whether they were able to issue a green card in our cases. Such doubts invariable lead to heightened scrutiny of our clients and lengthy processing times.

Given the difficulties we have experienced, Immigration Equality requested that DHS assign a single supervisor to be in charge of all transgender marriage cases in the New York City immigration office. I am happy to report that DHS recently agreed to do so. Hopefully, this change in policy will help to ease the way for our New York clients in the future and act as a model for DHS offices in other regions.
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Thursday, 18 November 2010

In the US, no sanctuary from deportation for the innocent

Statue of Liberty on Liberty Island, New JerseyImage via Wikipedia   
Source: New York Daily News

By Albor Ruiz

It is called Secure Communities, but its critics say the name doesn't reflect the reality of what the federal program actually does.

Growing concern over New York State's involvement with this controversial program, as well as the collaboration between the city Department of Correction and Immigration and Customs Enforcement (ICE), spurred a City Council hearing.

With the city's acquiescence, ICE has maintained a presence in Rikers Island for over a decade and routinely checks the fingerprints against immigration records of everyone arrested. As a result, critics believe, hundreds of innocent people are deported.

Also, without fanfare, Gov. Paterson signed on to Secure Communities last May, although the program will not be fully operational until 2012.

"Nationally, Mayor Bloomberg has been a powerful voice in defense of immigrants," said Councilman Ydanis Rodríguez (D-Manhattan). "But he needs to act locally in accordance with what he says at a national level."

The hearing was jammed with activists, lawyers and immigrants worried that the city is taking its cooperation with ICE way too far.

One of those testifying was Udi Ofer, the New York Civil Liberties Union advocacy director. He reminded Council members that local immigration enforcement efforts weaken public safety and threaten everyone's constitutional rights.

Monday, 25 October 2010

Audio: Gay life in Iraq: Interview with Michael Luongo

Interview with Michael Luongo, author of a four-part series on gay life in Iraq for Gay City News.

On The Leonard Lopate Show, WNYC

Part One


Part two


Luongo's four-part series on gay life in Iraq

Sunday, 24 October 2010

In the US, a new campaign: standing up for HIV-positive immigrants

Source: IRIN Plus News

A new campaign aims to beat stigma and discrimination against HIV-positive Africans in New York by urging the wider population to show solidarity with them.

"For those living outside their home turf, the vulnerability that comes with being HIV-positive really exacerbates HIV stigma," explained Kim Nichols, co-executive director of the African Service Committee (ASC), an NGO that provides HIV and other health services to African immigrants in New York.

"There's a fear of deportation, a fear of being rejected by family and friends if they find out about their status that is just as real, if not more, because of the small community they are living in," she added.

According to the ASC, while effective treatment has dramatically changed the fight against AIDS, stigma and discrimination against HIV-positive people remain as strong as ever.

The "Choose to Stand Up" campaign calls on people to break the silence surrounding HIV stigma; share information by talking about experiences and concerns about HIV with friends and family; and to treat those with HIV with respect and compassion.

Thursday, 21 October 2010

Chinese lesbian denied US asylum

Seal, United States Court of Appeals for the T...Image via Wikipedia
Source: Leagle

ZENG QING CHANG, a/k/a CHANG QING ZHENG Petitioner,
v.
ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

No. 09-3959.

United States Court of Appeals, Third Circuit.

Submitted Under Third Circuit LAR 34.1(a) October 13, 2010.

Opinion filed: October 14, 2010.
Before: McKEE, Chief Judge, HARDIMAN and COWEN, Circuit Judges.
NOT PRECEDENTIAL OPINION
PER CURIAM.

Zeng Qing Chang ("Zheng") petitions for review of a final order of the Board of Immigration Appeals ("BIA") affirming the Immigration Judge's ("IJ's") denial of asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We will deny the petition for review.

I.

Zheng, a native and citizen of the People's Republic of China, entered the United States in August 2004 without proper entry documents. She was interviewed at the airport and claimed that she feared returning to China because she had a son and authorities would require her to have an intrauterine device implanted against her will. Zheng was detained. About two weeks later, she had a credible fear interview in which she maintained her claim that she feared returning to China due to its family planning policy. Zheng then applied for asylum, withholding of removal, and CAT protection. In her application, she apologized for previously lying about her reason for fleeing China and stated that the real reason she came to the United States is that she is a lesbian who had suffered discrimination and abuse in China.

Saturday, 9 October 2010

Gay Guyanian 'undocumented immigrant' blogs his hidden life in New York

232: Hiding from the Hidden. Salvation via Angst.Image by assbach via Flickr  Source: gakana


Fifteen years ago, I came to the United States, from Guyana as a foreign student. Everything was suppose to change for me. As I stepped off the airplane for the first time upon entering this country on my own, I felt I was stepping out of one room, into another. It wasn't supposed to be just a temporary, symbolic feeling. It had to be the real thing. In truth, behind the well-wishes of success, I was escaping from what I had hoped was my previous life.

I grew up in Guyana. At the age of 8 I was frequently being told I was 'like a girl' by most people who laid eyes on me. Discretion, political correctness and politeness were, and are still television concepts to most Guyanese. At the age of 11 when I had no other option than to recognize that I was sexually attracted to other men, I lived everyday in a state of panic. Even so I vehemently denied that I was homosexual. I was bent on changing the nature of my existence through sheer will. It's no exaggeration. Being tuned into the intolerance, I came to learn that the men being reported as murdered in the newspapers were in fact gay men who had been killed (as have been ongoing, check the newspapers people!). I heard the discussions in my father's store as casual business conversations between his customers, and I heard it in my home. By the time I went to high school, I was already in internal turmoil. The music was filled with lyrics promoting killing homosexuals. What the music did, was stimulate the public's venom for gay men. It also made me acutely aware of the danger I was living in. Classmates threatened to kill me if they found me on the street, and the others pushed, kicked and punched me. Thinking of complaining to the teachers were out of reach.

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