Posts

NQAPIA Blasts Trump’s Executive Order on Immigration

MEDIA RELEASE for January 26, 2017
Contact: Sasha W., NQAPIA Organizing Director, 909-343-2219, sasha@nqapia.org

NQAPIA Blasts Trump’s Executive Order on Immigration

The National Queer Asian Pacific Islander Alliance blasted Mr. Trump’s executive orders calling them “detrimental to the interest of the American public—immigrants and citizens alike,” according to Glenn D. Magpantay, NQAPIA’s Executive Director.

Yesterday, Mr. Trump authorized spending U.S. tax dollars on building a wall between the U.S. and Mexico, notwithstanding that net migration from Mexico has decreased over the last 10 years. He decreed the creation of more detention centers, 5,000 additional border patrol agents, and a reinstatement of 287(g) that requires local police enforcement of complicated federal immigration laws. His orders threaten to cut all federal funding from sanctuary cities and to reinstate Secure Communities, a deportation program that was discontinued due to ineffectiveness and increased distrust among immigrant communities.

Today, NQAPIA is anticipating that Mr. Trump will fulfill his campaign promise of implementing a Muslim ban. For 30 days, individuals from Syria, Yemen, Somalia, Sudan, Iraq, and Iran will be banned from entering the U.S., simply because they live in Muslim-majority countries. Individuals from these countries will be unable to receive visas, even if they are already approved, intend to seek asylum, or have family members in the U.S. For 120 days, no refugees from these same countries will be allowed to enter the U.S. The only exception will be refugees who are religious minorities in their countries—in other words, refugees who are not Muslim.

Sasha W., NQAPIA’s Organizing Director, said, “Building a wall, constructing detention centers, and banning Muslims does not make us safer. Instead, these executive actions demonize and criminalize our communities. Trump campaigned on Islamophobia, xenophobia, racism, anti-LGBT bigotry, misogyny, and ableism—not facts or policy. Our communities have already faced significant backlash during his campaign; now, the hate violence is solidifying into federal policy.”

In NQAPIA’s #RedefineSecurity Week of Action, during the beginning stages of Mr. Trump’s campaign, NQAPIA lifted up the stories of institutional Islamophobic and xenophobic hate violence against our LGBTQ API communities. We told the stories of an Indian transwoman harassed by immigration officials; a Pakistani traveler being invasively examined by TSA, in her body and belongings; a queer South Asian organizer whose home was raided; and a Bangladeshi traveler who has been on the “no-fly list” since she was a child.

Last year, in the midst of this national uptick in hate and vigilante violence, NQAPIA submitted a model guidance to the Department of Homeland Security (DHS), urging DHS to adopt protections against profiling on the basis of gender, sexual orientation, race, ethnicity, national origin, and religion. Instead, Mr. Trump is doing the opposite—he is choosing to embolden the white nationalist, Islamophobic, and xenophobic elements of his campaign.

Sasha W. concluded, “Mr. Trump is continuing to enact policies that simply do not work and that make our communities feel more unsafe in this country.”

If you want to take action against these policies, get trained with us! Sign up for NQAPIA’s direct action organizing series (in Los Angeles, Oakland, Seattle, DC, Philadelphia, New York City, and Chicago) at bit.ly/datrainings.

###

#NoBanNoWall #RedefineSecurity #NotOurPresident

We’re Thankful for these Precautions before Trump Takes Office

There are a number of measures that LGBTQ APIs should do to protect themselves and their families under a Trump Administration. NQAPIA has consulted with immigration lawyers, public policy experts, and other attorneys to identify issues of particular importance to LGBTQ Asian Americans, South Asians, Southeast Asians, and Pacific Islanders.

Many of these applications will not be granted until after Trump takes office. But, even if Trump tries to eliminate everything that we have won, it is virtually impossible for changes to be retroactive. Applications filed today will be decided and granted on the basis of the laws and rules while Obama is in office. So, take care of these soon.


Transgender LGBTQ APIs

Apply or Update Passport

passportPresident Obama’s administration allowed for people to change and update their federally-issued identity documents, including gender-marker on passport and names on social security cards. Trump has vowed to eliminate all of Obama’s executive directives on January 20. You must apply and make and changes now. Adult passports last 10 years, so they will outlive a Trump presidency.

Apply for Passport from the U.S. State Department


Young Undocumented Immigrants

Renew DACA

President Obama created the Deferred Action for Childhood Arrivals (DACA) program by executive order so that undocumented young people could be free from deportation and gain work authorization. Trump has given mixed messages on DACA, and at one point, he stated he has “no problem” with it.

If you are fearful about what Trump will do with current DACA enrollees, know that NQAPIA, countless advocacy organizations, and high powered lawyers will do everything that we can to protect you and your family.

If you have DACA now but it will expire in the next 6 months, file a mandatory renewal now. Not filing a renewal could subject you to noncompliance and makes you a higher priority for investigation. Those who follow the rules, as they are now, are less likely to be gone after.

If you have never applied for DACA, you should consult with an immigration attorney before filing a new application. Click here to find an attorney.


Health Insurance through Obamacare

Apply Now


www.healthcare.gov
Apply for Obamacare
Update your Obamacare Plan

If you do not have health insurance, you should apply for Obamacare through the federal system or one of your state health exchanges. Open Enrollment is now. Although Trump and Congressional leaders have promised to eliminate the Affordable Care Act, that will not happen at least for another year. The more people who are in the system now, the more difficult it will be to get rid of the system. Efforts to repeal may also “grandfather” current enrollees and allow them to maintain their health insurance while declining to take any new people.


Immigrants Eligible for Green Cards or Naturalization

Apply Now

Green Card ExampleIf you are eligible for a green card or eligible to become a U.S. citizen, you should file your application now. They take several months to process, but becoming a permanent resident or a citizen substantially increases your security to live in America. If you have any criminal history or entered the U.S. without permission, consult an attorney before filing any paperwork.


LGBTQ Immigrants Seeking Asylum

Apply Now

LGBTQ people are persecuted in many countries in Asia and the Pacific. Foreign nationals may seek political asylum in the United States based on the sexual orientation or gender-identity. But, federal law has a strict one-year time limitation for people to file an application from the date of entry. This cannot be undone by Trump. If you are seeking political asylum you should consult with an attorney, and apply now.


Same-Sex Marriage is Safe

Don’t Get Married if You Don’t Want To

Graphic of the White House in Rainbow ColorsThe right for same-sex couples to legally marry was decided by the US Supreme Court and is based on the US Constitution. Trump cannot undo marriages or take the right away. Even if he appoints an anti-marriage Supreme Court Justice, the majority of justices that ruled twice in favor of marriage equality will remain on the Court. There is no need to rush to get married now.


LGBTQ APIs with Children

Protect Your Relationship with Them

If you have a child, you should apply for a second-parent adoption or a joint adoption if you do not have a legally recognized relationship to the child, like birth. Even if your name is listed on the child’s birth certificate, that may not be enough.


Personal Protections

last will and testamentTrump may eliminate the Obama Administration’s hospital visitation policy. So, it is prudent to have family planning protections in the event of a tragedy. This includes a Last Will and Testament, Health Care Proxies, Medical and Financial Powers of Attorney, designation of guardians, and Living Wills. It is not limited to couples but includes single people and people in more dynamic relationship and family structures.


Need a Lawyer?

Ask Us

The above are prudent steps to take, but everyone’s legal situation is different.
To speak with an attorney for a legal consultation, complete NQAPIA’s Legal Intake Form, or find an attorney from this list.No Human is Illegal

View this message as an email

Uncovering Our Stories: LGBT Asian/ South Asian/ Southeast Asian/ Pacific Islander Immigrants Speak OUT on Immigration

(Photo:  Jose Antonio Vargas, openly gay undocumented immigrant and founder of DefineAmerican.com, speaks at 2012 NQAPIA Conference)

 

As the debates around comprehensive immigration reform heat up, the National Queer Asian Pacific Islander Alliance (NQAPIA) seeks to ensure that the real life concerns of lesbian, gay, bisexual, transgender, and queer (LGBTQ) Asian American, South Asian, Southeast Asian, and Pacific Islander (AAPI) immigrants are brought to the fore and are part of the discussion.

NQAPIA is seeking queer AAPI immigrants to tell their stories and document them for inclusion in our work talking with policymakers.  We are especially seeking individuals who can talk about their experiences, troubles, goals, and ideas for reform with:

– being undocumented

– becoming a U.S. citizen and naturalization

– seeking or renewing their visas (either profession H1B or student F-1)

– petitioning for family members or same-sex partners

– applying for political asylum

– attending school

– domestic abuse or law enforcement misconduct

– racial profiling, detention, or deportation

In 2010, we shared four such stories at our New York LGBT Immigration Forum.  In 2013, we’re working with partners all over the country to raise up our voices on these issues.  One of the most powerful tools we have are our stories- real life examples of why the broken immigration system needs to be changed and how it uniquely affects us as LGBTQ people and our families.

Can you share your story with us?  Do you know someone else who can?  Contact us at nqapia@gmail.com for more information.  Stories shared by 2/28 will be able to have impact as action heats up in March and April.

Anonymity and confidentiality will be preserved.  Stories can be shared under the protection of a lawyer.  No personal information will be publically distributed without the person’s consent.  We will work with people to make sure they are best prepared to tell their stories in the best possible way.

NQAPIA’s goal is to identify the most pressing issues in immigration reform that will meaningfully improve the lives of LGBTQ AAPI immigrants.

 

Thank you,

Ben de Guzman, NQAPIA Co-Director

 

NQAPIA Resources