Tag: Trans Rights

JHISN Newsletter 12/31/2022

Posted on December 31, 2022 by - News, Newsletter

Dear friends,

As the year 2022 comes to a close, we invite our readers to look back on some of the recent activism of local immigrant groups, and look ahead to the ongoing struggle to dismantle the US detention and deportation system. We feature the recent activities of three vibrant organizations—NICE, DRUM, and Make the Road NY—that each have a base here in central Queens. And we report on what a ‘true’ alternative to detention might be while remembering that, as the new year approaches, over 23,000 immigrants are currently in detention, and over 377,000 people are being monitored under ICE’s ‘Alternative to Detention’ (ATD) programs.

As we usher in 2023, we wish you joy, and community, and collective imaginings of a more just world for all.

Newsletter highlights:
  1. Year-end activities of local immigrant-led groups
  2. Implementing real alternatives to detention

1. Local Immigrant Justice Groups@End of Year 2022

As the calendar year turns, we take a look at three immigrant-led groups based here in Central Queens, and report back on some of their recent activism and advocacy. 

NICE (New Immigrant Community Empowerment) held a demonstration with City Council member Shekar Krishnan in front of City Hall on November 22, advocating for more resources to fight against wage theft. Undocumented workers are especially vulnerable to not being fully paid for their work, or not being paid at all. 

NICE’s commitment to protecting workers includes their support for Carlos’ Law. Named for Carlos Moncayo, a 22-year-old undocumented Ecuadorian construction worker killed on the job in 2015, the bill was proposed in 2018 and passed the NY State Legislature in August. It would raise the maximum fine for criminal liability for worker injury or death from $10,000 to no less than $500,000, or, in the case of a misdemeanor, no less than $300,000. The bill has been sitting unsigned on the desk of Governor Kathy Hochul, even though three more workers were killed this November, for a total of at least 24 construction worker deaths this year. Over 80% of construction workers who die in New York are employed at non-union work sites, and immigrant construction workers are disproportionately vulnerable to dying on the job. 

On December 13, members of NICE together with CUFFH (Churches United for Fair Housing), CASA, Make the Road NY and Center for Popular Democracy rallied in Washington, DC, to demand climate, health, economic and immigration justice. NICE met with six different congressional offices: Senator Bernie Sanders and Representatives Rashida Tlaib, Ilhan Omar, Alexandria Ocasio-Cortez, Grace Meng, and Nadya Velazquez.

The Omnibus federal budget bill recently approved by Congress allots $500,000 to NICE.

DRUM (Desis Rising Up and Moving) joined more than 100 organizations on November 15 calling on Department of Homeland Security Secretary Alejandro Mayorkas to designate Temporary Protective Status (TPS) and Special Student Status (SSR) for Pakistani nationals working and studying in the US. The devastating floods of 2022 have created ongoing health and economic crises in Pakistan, with at least 33 million people (1 in 7 Pakistanis) directly affected by the disaster. No safe return of Pakistani immigrants to their country of origin is currently possible. Support TPS and SSR for Pakistani by signing this petition. 

DRUM’s director of organizing, Kazi Fouzia Kabir, joined Grassroots Global Justice Alliance’s delegation in November at the United Nation’s COP27 meetings in Egypt. Kabir works to connect with civil and government representatives from countries that DRUM’s members come from, in order to coordinate their demands for climate justice.

On November 22 and again on December 7, DRUM participated in a Care Not Cuts rally at City Hall demanding that Mayor Adams protect city services for working-class New Yorkers—threatened by Adams’ proposed budget cuts in fiscal 2023—and roll back the Mayor’s dangerous plan to forcibly detain New Yorkers deemed by the NYPD to have a mental illness. The proposed budget cuts and hiring freeze will affect vital city services, including a proposed cut to the extension of the universal 3-K Child Care Program. DRUM is fighting for housing, childcare, education, and care, instead of cuts and criminalization.  

DRUM is also working with ICE Out! NYC, Make the Road NY, African Communities Together (ACT), and other immigrant justice organizations to advocate for three crucial bills being considered by the City Council. The proposed legislation would further restrict the city from funneling people into ICE custody and detention by: ensuring accountability and compliance with existing detainer laws; limiting the Department of Corrections from communicating with ICE about a person’s release; and limiting the NYPD’s ability to hold a person for ICE.

Make the Road NY’s (MTRNY) Trans Immigrant Project (TrIP) held a vigil on November 19 in Corona Plaza to honor the lives of trans and gender-diverse siblings lost in 2022 and previous years. They renewed their commitment to protecting those who are still with us, and the generations that come after us.

MTRNY also held a series of Town Halls for members to meet with Queens legislators ahead of the 2023 legislative session. The November 16 Town Hall included State Senator Jessica Ramos, and Assembly members Catalina Cruz, Jessica Gonzalez-Rojas, Juan Ardila, and Steven Raga. Two more events were held on November 17 in Brooklyn and November 29 in Westchester.

On November 16, MTRNY launched its 2023-24 Respect and Dignity for All state policy platform to address the persistent inequities across NY State and improve the lives of immigrant, Black, and brown families. Proposals include:

  • Permanent inclusion in the unemployment system for all. Excluded No More.
  • Ensure immigrant healthcare access. Coverage for All.
  • Pass Good Cause Eviction legislation to bring renter’s rights to tenants in smaller buildings.
  • Pass the Solutions Not Suspensions Act for youth.
  • Pass the Stop Violence in the Sex Trades Act

The just-passed federal budget allots $400,000 to MTRNY which will help them implement their policies.

WHAT CAN WE DO?
  • Sign the petition supporting TPS for Pakistani immigrants.
  • If you are able, make a donation to any of the local immigrant activist and advocacy groups mentioned here–check their website for donation information!

2. The Real Alternative to Detention is No Detention

“The point is not to provide an alternative to electronic monitoring, an alternative to probation …  and so on—but to look instead at the actual problems we face, and to take lessons from projects around the country that are addressing these problems in effective ways.” –Prison by Any Other Name, by Maya Schenwar and Victoria Law (p.241)

Immigrant advocates including Mijente, Detention Watch Network (DWN), the National Immigrant Justice Center, and the U.S. Conference of Catholic Bishops with the Center for Migration Studies have each issued reports opposing ISAP (Intensive Supervision Appearance Program), an Alternative to Detention (ATD) program run by ICE agents. They highlight the many problems of ISAP, and the value of community-based support programs as true alternatives to detention. ISAP, launched in 2004, is run by prison corporations and has been renewed four times despite sustained criticism by immigrants and activists. 

The government has piloted a few community-based ATD programs. In 2000, the Vera Institute for Justice worked with the INS (Immigration and Naturalization Services) to run one such ATD called the Appearance Assistance Program (AAP). The AAP was a break from the carceral approach to immigration policy which ramped up after Cuban and Haitian refugees arrived on Florida’s shores in the late 1980s, prompting Congress to amend the Immigration and Naturalization Act to require mandatory detention for immigrants with specific criminal convictions. The association of immigration with criminality was expanded by the 1996 Illegal Immigrant Reform and Immigrant Responsibility Act (IIRIRA) which increased the scope of mandatory detention and captured legal permanent residents as well. 

Despite the AAP’s non-carceral success, with 90% of participants attending their court hearings, the aftermath of September 11, 2001, reconfigured immigration policy as a national security issue. The creation of the Department of Homeland Security (DHS) in 2002 prioritized immigrant surveillance, deportation, and the escalation of detention. ISAP became the primary ATD program supported by DHS, which leverages smartphone and facial recognition software, ankle monitors, and telephone check-ins with ICE agents with a focus on discipline and supervision, not community support.

The chart below shows the increase over time of funding allocations to ATD programs, including ISAP, as daily enrollment in those programs grew, spiking at almost 225% under President Biden in one year. The chart clearly shows government spending is not reduced with ATDs because they continue to spend on detention. The data reveal that ATDs like ISAP are not a real alternative, but an addition to detention. The chart also illustrates how bed quotas in private detention facilities keep detention costs consistently high even though the actual detention population recently dropped due to the unjustified use of Title 42 as an immigration enforcement tool during the COVID-19 pandemic.

Some claim that the ISAP program is better than detention as a more humane way to approach the problem of immigration management. Participants in the program have agreed that given a choice between detention or not, then ISAP is preferred. But the report Tracked and Trapped: Experiences from ICE’s Digital Prisons shows the direct human impact that ISAP has on people (not by comparison with detention): 

  • When there are problems with the technology, ICE case officers will not blame the technology, instead punishment will fall on the participant. Because the ISAP program is run by a prison subsidiary company, the threat of detention is immediate for non-compliance.
  • Smartphone monitoring data constantly tracks people with no restrictions on how that data will be used. In fact, ISAP data was used in 2019 to assist in a Mississippi ICE raid to arrest 680 immigrant workers in meat processing plants, 300 of whom were later released. 
  • Ankle monitors have notably caused irritation, bleeding, or even electro-shocked the wearer—possibly because they are being worn for over 10 times longer than the intended length of time. 
  • 97% of people surveyed reported feeling social stigma or isolation, and two-thirds reported job-related issues. 
  • Black immigrants are given the ankle shackle twice as often as others. 

Detention Watch Network criticizes these ATD approaches as Alternatives to Freedom, but there are programs that can be community-based true alternatives, and ISAP is not the sole approach that ICE takes with ATDs. Parole allows people to live freely while they navigate their immigration cases—95% of Ukrainians were granted this option to escape the war with Russia, but only 11% of non-Ukranians were given this option during the same timeframe. In January 2016, ICE set up the Family Case Management Program (FCMP), an ATD without punitive and restrictive measures which did not use ankle monitors. The program successfully maximized court hearing attendance and ICE appointments. It was also significantly cheaper than the detention costs at just $38 each day per family unit instead of $320 per detainee per day. President Trump chose to eliminate this successful program after just one year. He also adjusted the Risk Classification Assessment (RCA) algorithm used to advise if someone can be released from detention and placed into an ATD—as a result, the continued detention of low-risk individuals rose from around 50% to 97%. When later seen by a human case officer, about 40% of people were released on bond. In 2020 the Bronx Defenders and the ACLU brought a lawsuit against ICE for adjusting RCA as a violation of due process and federal immigration law that calls for “individualized determinations” about a person’s release. 

Much immigrant justice work has tried to ensure that legal representation is provided to protect due process. However, as with the criminal justice system, the guarantee of due process does not always lead to a better outcome, which would be no detention and no deportation. But there are community programs working independently of the government that offer prime examples of successful ATDs: the New York Immigrant Family Unity Project, NYIFUP, is a coalition of groups with a process that strives for a different outcome from all the rest. It resulted in a 48% non-deportation outcome–a different measure than ensuring participation in court appearances and ICE meetings. That is a real alternative with a valuable outcome for immigrants.

WHAT CAN WE DO?

 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

 

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

 

JHISN Newsletter 05/28/2022

Posted on May 28, 2022 by - News, Newsletter

Dear friends,

Sometimes the face of violence is stark and hypervisible … like the latest nightmare massacre in a US school where, this time, 19 children are gunned down in a Texas border town. Or the spectacle of mass murder the week before in Buffalo, with 10 people killed by an avowed white supremacist with a semiautomatic rifle.

But violence can also be slow, and unspectacular, even invisible – at least to those who are not its target. This week we look at two scenes of less visible violence. We highlight the story of immigrant women of color, denied abortion rights and reproductive health care. And we report on an NYC-based immigrant justice group fighting the state violence directed at queer and LGBT detainees in the US.

Newsletter highlights:
  1. Reproductive Justice for Immigrants
  2. Queer Detainee Empowerment Project (QDEP)

1. Migrant Women and Abortion Rights

The destruction of abortion rights in the US has the biggest impact on women of color, a fact that is often missing in mainstream media. Even less widely reported are the specific obstacles faced by immigrant women of color who seek an abortion.

Black, Brown, and Asian immigrants often face reduced abortion access due to language barriers, a problem that only grows as the number of community-based clinics declines. Traveling to find an abortion provider is difficult, expensive, and risky, especially for undocumented people. Medical insurance may be hard or impossible to get without legal status. For women locked inside the public/private US immigrant detention system, regulations governing reproductive health are confusing, vary widely from facility to facility, and may change overnight when a detainee is relocated.

 Already struggling against a wave of racist violence, Asian American immigrant women are subjected to an extra layer of scrutiny as a result of anti-choice laws that target “sex-selective” abortions. Supreme Court reactionary Clarence Thomas has alleged that this sort of “feticide” is a common practice among “certain populations in the US,” even though this racial profiling myth has been thoroughly debunked. (Asian American women actually give birth to more female babies than white women do.) Legislation denying abortion if there is “suspicion” that it is being used for sex selection is popular on the Right as a stepping stone toward the complete elimination of abortion rights. This profiling is already enacted as law in several states and has been proposed in many others (including New York), as well as at the federal level.

The lack of abortion rights for migrants is particularly dire today along the US southern border. According to advocates, a large percentage of the Latina, Caribbean, African, and Indigenous women who risk the dangerous land route through Central America are sexually assaulted or raped while in transit, making abortion access even more urgent.

However, migrant women who reach the US needing abortion services find little urgency. The Trump regime was able to populate the immigration system with anti-abortion fanatics, pushing already conservative agencies even farther to the right. Right-wing anti-immigrant agents and administrators treat immigrant women’s reproductive health rights as one more reason to criminalize and punish them. Immigration bureaucrats often drag their feet on making medical appointments, finding excuses for denying or delaying even emergency reproductive care.

“The Trump administration’s efforts to undermine access to reproductive health care for women and girls in immigration custody is exemplified by former Director of the Office of Refugee Resettlement Scott Lloyd. During his tenure, Lloyd did not approve a single request for a minor seeking abortion care; those who were able to obtain abortions did so only after court intervention.” –Center for American Progress

Lloyd is gone, but other anti-choice zealots remain, such as Roger Severino who, ironically, is head of Health and Human Services’ Office for Human Rights, which is supposed to oversee refugee resettlement programs for the Biden administration.

Immigrants incarcerated by federal agencies like ICE and the Border Patrol are subject to the abortion laws of the state where they are held. The drastic time limits imposed on abortion in Texas and other border states will result in the exclusion from reproductive care of even more migrant women who became pregnant during their journey north.

 Texas and other states are also trying to criminalize easy-to-use medications that would allow safe abortions at home, painting women into a corner. They are aware that immigrant women of color often lack the money, childcare, and employment flexibility needed to seek abortion care in another state. For undocumented people living in border regions, this kind of travel is especially risky because of a web of Border Patrol checkpoints deployed as far as 100 miles inland. Today more than ever, large numbers of immigrant women are forced to weigh the risk of deportation against their abortion and reproductive health needs.

WHAT CAN WE DO?

2. Queer Politics of Immigration

“I think ultimately this is what we’re fighting for … the ability to be human. The ability to just laugh, and just get up in the morning and not worry that you’re going to get killed if you step out your door. We’re fighting for the ability to not have to worry about food, or not have to worry about shelter, or not have to worry about making the hard choices of, stay in my homeland, experience violence, [or] go to places like the US, experience a different kind of violence …. And I think at the very basic level, it’s just the ability to be human, and be in community, and not be afraid.” – Ola Osaze (interview, Black LGBTQIA+ Migrant Project, 2019)

 Immigrants detained in the US face a host of dangers and vulnerabilities. But queer and LGBT and HIV+ detainees often face more specific challenges related to their gender identity or sexual orientation. Sometimes those challenges are, literally, life-threatening. In 2014, Jamila Hammami founded the Queer Detainee Empowerment Project (QDEP) here in NYC to address the state violence and structural barriers that target lesbian, gay, bisexual, transgender, queer, intersex, or asexual (LGBTQIA+) migrants. Operating in the first months out of Hammami’s living room in Brooklyn, QDEP has grown into a vibrant organization providing direct services to queer detainees and fighting for systemic change through community organizing.

 “LGBTQIA+ migrant rights are invisible to the public,” notes Ian Zdanowicz, Co-Director of Direct Services at QDEP. “They often immigrate from their home country without family or support due to their identity not being accepted. When they are incarcerated in detention centers, there is an abundance of transphobia and homophobia.” With most advocacy and legal services for immigrants amplifying a ‘heteronormative’ narrative—one that presumes heterosexual marriage, family, or sexual practices—LGBTQIA+ immigrants lack a collective voice advocating for the specific resources that they need. QDEP is committed to building that voice.

 In March 2022, QDEP in solidarity with Families For Freedom joined a national “Communities Not Cages” Day of Action, calling for an end to all deportations, and the closure of immigrant detention centers–including Orange County Correctional Facility in NYS. In 2021, the group distributed $240,000 to over 370 queer and trans immigrants in NYC to pay for rent, groceries, utilities, medication, and mental health services during the pandemic. They also connected over 40 queer and trans detainees with free legal representation for asylum hearings, and parole and bond proceedings.

 Uchechukwa Onwa, the current co-director of QDEP, came to the US in 2017 after the passage of the Same-Sex Marriage Prohibition Act in Nigeria, his home country, criminalized LGBTQ relationships. Upon arrival in the US, he learned a quick and brutal lesson in ‘American’ racism and xenophobia when he was shackled at the airport, then driven to an ICE detention center where he was incarcerated for three months. “I know that there are so many other people like me who want to be safe,” Onwa says. How to promote that safety?

“At the end, it is our stories, as migrants. Our stories matter. And at the end it is our stories that are going to change that narrative.” –U. Onwa (2020 Deep Dive Interviews)

 WHAT CAN WE DO?
  • Volunteer with QDEP, or Pen Pal with QDEP members in detention. Email eliza@qdep.org for information.
  • Join Immigration Equality to support the recent complaint filed with Homeland Security to investigate the Houston Asylum Office’s handling of Credible Fear Interviews for asylum seekers, including LGBT migrants. 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

 

JHISN Newsletter 08/21/2021

Posted on August 21, 2021 by - News, Newsletter

Dear friends,

​​Summertime is often a season of celebration, festivals, and sun-lit joy. We bring news this week of two recent celebrations organized by and for immigrant justice communities. On August 10, trans Latinx folks and friends, allies, and families gathered in central Queens to celebrate their community power and collective resilience. And on August 14, immigrant groups kicked off the opening of the Fund for Excluded Workers with a festive street fair. This hard-won victory promises a measure of economic justice for hundreds of thousands of mostly undocumented workers state-wide, including an estimated 58,000 immigrant workers here in Queens. Please check out our reports below.

Newsletter highlights:

  1. TransPower@CentralQueens 
  2. Launch of $2.1 Billion Fund for Undocumented & Excluded Workers

1.Rally for TransLatinx Power

Hundreds of people rallied in Corona Plaza on August 2 for the 10th Annual #TransLatinxMarch. The gathering is sponsored each year by the Trans Immigrant Project (TIP), as part of Make the Road New York’s commitment to TGNCIQ Justice, and the challenges facing immigrant, undocumented, and Latinx trans people.

TIP put forward three main demands: 1) dismantle NYPD vice units that disproportionately harass and criminalize trans women of color; 2) decriminalize sex work in NY state, and; 3) create a federal pathway to citizenship for all undocumented people.

Corona Plaza was full of colorful signs, posters, and balloons. A giant banner advertising the three demands was dropped from the subway platform high overhead. The crowd alternated chants of “Trans power!” and “Brown power!” A DJ and various cultural performances added to the liveliness of the event.

Several local progressive politicians attended the rally, including Jessica Ramos, Catalina Cruz, Tiffany Cabán, and Shekar Krishnan.

WHAT CAN WE DO?

  • Support Make the Road’s TGNCIQ (transgender, gender non-conforming, intersex, and queer) organizing for dignity and safety for all. Donate here if you are able.

2. Launch of Historic NYS Fund for Excluded Workers 

“This is what community looks like … We want everyone across the state to know about this fund … I want this fund to run out of money not because no one applied, but because everyone did.” –Brayan Pagoada, Excluded Workers Fund Launch Fair (Bushwick Daily, 8/16/21)

After over a year of grassroots campaigning and a 23-day hunger strike in March 2021, the historic $2.1 billion NYS Fund for Excluded Workers went ‘live’ in mid-August, marked locally by a Launch Fair in Bushwick. Along with food and dance, guidance about how to apply for the funds was featured at the well-attended street fair.

As the largest economic assistance package won by undocumented immigrants in US history, New York’s $2.1 billion fund has inspired similar struggles in New Jersey, Iowa, and California, as undocumented workers—excluded from federal forms of pandemic relief—demand state-level support for lost wages and economic hardship. 

Workers in New York excluded from unemployment benefits or stimulus checks can now apply for either the Fund’s Tier 1 benefits of up to $15,600 (equal to $300 weekly unemployment payments from April 2020-April 2021), or Tier 2 benefits of up to $3,200 (equal to 3 federal stimulus checks).

Immigrant justice groups rallied in July when the newly-released Department of Labor (DOL) regulations for accessing the Fund appeared to exclude many excluded workers from qualifying for assistance. Bianca Guerrero of the Fund Excluded Workers (FEW) Coalition stated, “We demand that the Governor stop these shameful tactics and ensure that the program requirements allow workers who were the intended beneficiaries to qualify for the maximum benefit….The lives of thousands of excluded workers rely on this Fund.”

Local immigrant advocacy groups–including in Jackson Heights, Corona, and Elmhurst where the pandemic ravaged the livelihoods of many undocumented workers–are mobilizing resources and building outreach. Their aim is to ensure that workers can accurately assess their eligibility for the Fund, and successfully apply to the DOL. Make the Road NY co-organized a livestream on August 10, drawing 1200 listeners, which addressed FAQs and protocols for making an application. Over 60 community-based organizations across NY State are ready to help workers apply for the Fund in the language of their choice.

WHAT CAN WE DO?

  • Sign up to volunteer with the Fund Excluded Workers (FEW) Coalition to assist immigrant community members in navigating the eligibility and application process for the Fund. 
  • Share FEW resource information, including an eligibility and document checklist, and multi-lingual video teach-ins, here. 
  • Circulate the NY Dept of Labor’s Excluded Workers Fund application FAQs website, available in 13 languages. 

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network (JHISN)

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN. 

 

JHISN Newsletter 2/20/2021

Posted on February 20, 2021 by - Activism, News, Newsletter

Dear friends,

Snow has fallen on Jackson Heights and the rest of the nation – JHISN hopes that you and those close to you are well. It is Black History month and The Immigration Coalition has shared 7 Facts reminding us of the history of Black immigrants in relation to national policies which unjustly incarcerate and vilify. This week’s newsletter offers two stories on the politics of incarceration and decarceration for US immigrants. First, the repeal of a NY State criminal statute that benefits transgender immigrants in Jackson Heights. Second, our ongoing challenge to demolish the powerful fiction of ‘good’ vs. ‘bad’ immigrant, as a new Democratic administration must face its own history of criminalizing immigration.

Newsletter highlights:

  1. Repeal of “Walking While Trans” Ban Celebrated by Immigration Groups
  2. Refusing the Narrative of ‘Good’ vs. ‘Bad’ Immigrant 

1. ‘Walking While Trans’ repeal marks a turning point for New York trans immigrants

Racial justice, LGBTQ, and immigrants’ rights advocates scored a long-awaited victory early this month when Governor Andrew Cuomo signed a law lifting a decades-old rule that posed a threat to many of the state’s Black and Latinx residents. Among the chief complaints raised was the way it had been used by police to target New York’s transgender residents, including here in Queens.

Advocates say repeal is especially important for trans people of color and immigrants. It could also create momentum for more change, including decriminalization of sex work.

The new law repeals a statute passed in 1976 that became known as the “Walking While Trans Ban.” It allowed police to stop people for loitering, ostensibly to stop prostitution. But critics said the “notoriously vague” law permitted police to arrest, without evidence, anyone they presumed to be engaged in sex work. In a 2016 civil rights class-action lawsuit arguing that the law was unconstitutional, the Legal Aid Society wrote that a “woman can be improperly arrested and detained simply because an officer takes issue with her clothing or appearance.”

“This statute has been utilized at the discretion of law enforcement to profile, harass, and criminalize women of color, particularly trans women of color, not only creating a pipeline to unjust incarceration, but creating potential immigration hurdles and barriers seeking employment and housing,” said a February 1 letter to the governor from Make the Road New York, signed by more than 150 organizations, including JHISN. 

The letter is part of Make the Road’s broader campaign to secure the dignity and safety of translatinas: “Our deep ties in the translatina community in Queens, and to the larger immigrant organizing community, allows us to address the unique and multifaceted challenges facing immigrant, undocumented, and Latinx trans people.”

Aside from the psychological and physical impacts of being detained, arrest leaves many trans immigrants in a potentially dangerous position. An arrest on sex work-related charges could lead to deportation under U.S. immigration law. Many trans immigrants are asylum seekers who face dangerous persecution in their home countries. Having arrest records sealed, as the new law mandates, could prevent deportation and reopen the opportunity for asylum.

But some advocates say the repeal is only one necessary step toward destigmatizing trans and gender-nonconforming people. The next big hurdle for many is decriminalizing sex work. Supporters of decriminalization, like Make the Road New York, say it would allow for safer working conditions for all sex workers, including many of the people who were arrested under the recently repealed law.

A bill introduced in the New York legislature in 2019 with support from the New York Immigration Coalition and Make the Road New York would allow consenting adults to trade sex and to patronize sex workers. It also aims to combat trafficking, rape, assault, battery, and sexual harassment. A competing bill, crafted by Senator Liz Kreuger and New Yorkers for the Equality Model, would also decriminalize people doing sex work. But, in contrast, it would treat buying sex, sex trafficking, and brothel owning as illegal. It would also increase access to social services for sex workers.

The debate on how to decriminalize, and how to increase safety for sex workers, is not new. But decriminalization is gaining momentum now, with greater focus on racial justice and immigrant rights, particularly for LGBTQ people. The Walking While Trans repeal adds even more fuel to the movement.

“It feels like it’s so powerful to know that the advocacy of a community so disenfranchised like the trans community was able to lead this groundbreaking change in the state of New York,” Cecilia Gentili, founder of Transgender Equity Consulting, told NPR. It’s “very refreshing for the trans community and the immigrant community, especially Black and brown trans people…and knowing that they will be able to walk in the streets without having that nervousness of being stopped and frisked by police.”

WHAT CAN WE DO?

  • Read and share the original letter to Governor Cuomo from Make the Road New York urging repeal of the Walking While Trans ban. Then read differing views about the push for sex work decriminalization.
  • Support Make the Road’s platform promoting TGNCIQ (transgender, gender non-conforming, intersex, and queer) Justice, and the empowerment of TGNCIQ community members.
  • Listen to the Season 9 Launch of the Immigrantly Podcast (Episode 108). An interview with the editors of the recent publication, “Queer and Trans Migrations: Dynamics of illegalization, Detention, and Deportation”.
  • Watch the Queens Public Television video about Lorena Borjas, the Jackson Heights Latina transgender undocumented activist who died last year.

2. Challenging the politics of ‘good’ vs. ‘bad’ immigrants 

Picture the scene: a 23-year old DACA recipient is asked to embrace an immigration system that would finally grant her secure residency in the U.S. … while that same system targets for deportation her mother, an undocumented immigrant who has lived and worked in NYC for 20 years, and her younger brother with a ‘criminal’ record for a minor drug offense. Multiply that scene across millions of immigrant families in the U.S., and you start to have a feel for the brutal power behind the narrative of ‘good’ vs. ‘bad’ immigrants.

That narrative is being directly challenged as immigrant justice groups nationwide build their blueprints and collective dreams for post-Trump immigration legislation. Activists are calling for a new immigration system that can address—with dignity and justice—the need for a pathway to citizenship for 11 million undocumented residents. For an end to the criminalization of migration. Will the Biden/Harris administration listen?

[T]his story of the “bad hombre” has been weaponized over the decades to punish entire immigrant communities. By contrasting the, quote-unquote, “bad hombre” with the, quote, “good” immigrants, who work unnaturally hard and never break any rules, essentially what politicians are doing is they’re reducing immigrant lives to caricatures who can be exploited and expelled from the country. (Guerrero, Democracy Now, 1/26/21)

Much of the responsibility for the dangerous framing of good vs. bad immigrants can be attributed to the Clinton administration’s simultaneous pursuit of ‘tough on crime’ and ‘tough on immigration’ policies in the mid-1990s. Several Clinton-era laws dramatically expanded the population of immigrants vulnerable to mandatory detention and deportation (see Loyd & Mountz, 2018, Ch. 6). The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) helped cement the legal infrastructure for the massive deportation machine operating today: immigrant deportations increased from 70,000 in 1996 to 400,000 by the Obama administration’s first term.

The figure of the “criminal alien”—contrasted with images of the legal, ‘good,’ and contributing immigrant—was popularized in these years. By 2009, almost 50% of immigrants detained by ICE were channeled through the ‘Criminal Alien Program,’ a nationwide and semi-secretive web of federal, state, and local law enforcement that is responsible for hundreds of thousands of immigrant removals. CAP operates in all federal and state prisons, and hundreds of local jails, where immigrants who have been arrested (including those not yet convicted) are subject to removal proceedings. This collusion between federal immigration authorities and the historically anti-black US criminal justice system also disproportionately affects Black immigrants, who are removed at rates five times their representation in the US population.

[C]ruel policies of immigration enforcement are a pillar of Democrats’ governance. The rhetoric of “productive” and “legal” immigrants, with the simultaneous demonization of “criminal” and “illegal” immigrants, has been the cornerstone of the party’s immigration platform for three decades. (Harsha Walia, The Intercept, 2/7/21)

As a new Democratic administration takes the reigns of DHS and immigration policy, the brief history offered here becomes terribly relevant. With even a limited 100-day moratorium announced by Biden stopped in its tracks by a Trump-appointed federal judge, and with recent headlines that the Biden administration is ready to be ‘flexible’ re their promised overhaul of immigration—can the dreams and demands of immigration activists be meaningfully realized? Can a ‘good’ immigration system finally be constructed, in the face of a very ‘bad’ history of both Republican and Democratic governance?

In solidarity and with collective care,

Jackson Heights Immigrant Solidarity Network

Follow @JHSolidarity on Facebook and Twitter and share this newsletter with friends, families, neighbors, networks, and colleagues so they can subscribe and receive news from JHISN.