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LGBT Asians/South Asians Urge U.S.  Supreme Court to Strike Down Trump’s  Anti-Muslim Travel Ban

Read the LGBT Amicus Brief at bit.ly/17-956

Tomorrow on April 25, 2018, the U.S. Supreme Court will hear oral arguments in Donald Trump’s third iteration of his anti-Muslim Travel Ban. The ban, issued by Executive Order, bars people from certain majority Muslim countries from coming to the United States.

LGBT Asian/South Asian groups submitted an amicus (“friend of the court”) brief urging the U.S. Supreme Court to strike down. The National Queer Asian Pacific Islander Alliance (NQAPIA), with the pro bono assistance of Skadden Arps Slate Meagher & Flom LLP, spearheaded the brief illustrating the impact of Trump’s travel ban on the lesbian, gay, bisexual, and transgender (LGBT) community. Brief is here: bit.ly/17-956.

Glenn D. Magpantay, NQAPIA Executive Director and Counsel on the Amicus Brief, said, “Trump’s anti-Muslim travel ban has a direct impact on the lives of LGBT people and tears families apart. The defense relies on some of the cases and legal theories that supported the internment of Japanese Americans.”

He continued, “We’ve been here before. In 1987, President Regan instituted an anti-HIV Travel ban. In 1952, the U.S. Supreme Court banned homosexuals because they were persons of ‘bad moral character.’ In 1882, the Chinese Exclusion Act banned Chinese from immigrating to the United States. Let’s never forget. Never again.”

Arguments

The amicus brief details the oppressive conditions for LGBT people living in the countries named in the travel ban, where homosexuality is criminalized and LGBT people are persecuted. The brief explains how Trump’s ban prevents LGBT people in those countries from joining their families and loved ones in the United States, increasing their exposure to persecution in their home countries.

Moreover, the brief argues that the ban deprives U.S. citizens and lawful permanent residents of their constitutionally-protected liberty interests in maintaining familial relationships with their loved ones whose safety is jeopardized by their sexual orientation or gender identity. Because the ban’s narrow—and legally required—exceptions lack meaningful rules guaranteeing equal treatment of LGBT visa applicants, Trump’s travel ban disproportionately denies LGBT people the ability to reunite with their loved ones in the United States.

Co-Signers

8 signed-on organizations

Seven (7) LGBTQ South Asian and Asian Pacific Islander organizations across the country join as co-amici to sign on to the brief:

  • API Equality-Los Angeles
  • API Equality-Northern California (APIENC)
  • Invisible to Invincible (i2i): Asian Pacific Islander Pride of Chicago
  • KhushDC
  • Massachusetts Area South Asian Lambda Association (MASALA)
  • Queer South Asian Collective (QSAC)
  • South Asian Lesbian and Gay Association of New York City (SALGA-NYC)
  • Trikone Northwest

In addition to these groups, the NYC Gay & Lesbian Anti Violence Project; Immigration Equality; LGBT bar associations in New York (LeGaL), Chicago (LAGBAC), San Francisco (BALIF), and Los Angeles; and GLBTQ Legal Advocates & Defenders (GLAD) in Boston also joined.

Shristi Pant, a member of QSAC in Boston, said, “As an organization for South Asian queer and trans folks, we have a duty to support our Muslim community members, as well as Muslim folks from other areas of the world. This travel ban is just one aspect of the anti-Muslim violence that is being perpetuated in and by the U.S. and one that deeply affects Muslim LGBTQA+ folks in need of refuge from the violence they already face.”

Sammie Ablaza Wills, Director of API Equality-Northern California, commented that, “The anti-Muslim and anti-refugee ban is political fear mongering, directly impacting many in our communities. As LGBTQ Asian and Pacific Islander people, we understand that we cannot accept policies that dehumanize our Muslim and refugee family members. APIENC is dedicated to working towards safety and freedom for our people, and we will fight the Muslim ban at the airports, on the streets, and in the courts.”

Anne Watanabe, i2i core member in Chicago further elaborated, “As Asian Americans, we remember the disgraceful U.S. history of 120,000 Japanese American and Japanese people being forced into detention camps as a result of wartime hysteria filled with racism. We are now seeing this racist history repeat itself against Muslims and other targeted communities.”

Prior Actions

API Equality-LA works in solidarity with LGBTQ Muslims and those affected by racial profiling. In 2017, API Equality-LA took action on 9/11 highlighting the experiences of queer and trans Muslims and South Asians through a vigil hosted at Los Angeles City Hall. Its Indi(visible) Campaign advocates for a holistic approach towards immigration equality that encompasses challenging Islamophobia and the Muslim Ban, defending DACA and undocumented communities, and protecting LGBTQ immigrants, particularly trans immigrants of color.

Last fall, before the Supreme Court was scheduled to hear oral arguments on Trump’s second version of the travel ban, NQAPIA and several of the co-signing groups organized awareness raising actions in seven (7) cities—Austin, Boston, Chicago, Los Angeles, New Orleans, Philadelphia, and Washington, DC—protesting the violence, harassment, and profiling that LGBTQ South Asians and Muslims have endured since 9/11.

“For the past two years, on the anniversary of 9/11, KhushDC has participated in and organized direct actions to raise awareness of Islamophobia. These actions bring attention to the increased profiling and discrimination faced by Muslim people in the U.S.,” said Anish Tailor of KhushDC.

The effort, entitled “#QueerAzaadi,” featured community funerals to lift the names of Muslims and those perceived to be Muslim, trans women, African Americans, and undocumented immigrants killed in hate crimes; storytelling speak outs of LGBTQ Muslims and experiences of violence in the last 16 years; and mock checkpoints targeting white people to replicate the profiling that South Asian, Muslim, API, and people of color experience at airports and government buildings. 300 people participated in the actions in seven (7) cities that unveiled the interlocking systems of Islamophobia, Transphobia, Xenophobia, and Anti-Blackness.

Voices of Queer Muslims

NQAPIA has also published the personal stories of LGBT Muslims and South Asians sharing their experiences of policing and profiling in writing at nqapia.org/redefinesecurity-stories and in video at nqapia.org/redefinesecurity-videos.

Historical Timeline

1882 – Anti-Chinese Travel Ban
In 1882, Congress adopted and the U.S. Supreme Court upheld the Chinese Exclusion Act, the first piece of federal legislation that singled out a minority group for invidious discrimination and barred their entry. It was not until 1943 that Chinese people could naturalize to become U.S. citizens. The Act was passed after many Chinese people had built the transcontinental railroad which unified the United States East and West.

1952 – Anti-LGBT Travel Ban
From 1952 to 1990, LGBT people were excluded from the U.S. because they were deemed to be of “psychopathic personality.” The U.S. Supreme Court upheld the law and its application to homosexuals. Lower courts further denied the naturalization of LGBT immigrants because they were persons of “bad moral character.”

1987 – Anti-HIV Travel Ban
From 1987 to 2010, President Reagan issued an Executive Order, which President Bush extended, barring people with AIDS or who were HIV+ from entering the United States. Congress then codified the HIV+ exclusion into federal law in 1993. It was not until 2010, under President Obama, when the travel restriction was eliminated.

2017 – Anti-Muslim Travel Ban
Trump issued an executive order preventing people from 6 majority Muslim counties (Syria, Iran, Libya, Sudan, Yemen, and Somalia) and all refugees from entering the United States.

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The National Queer Asian Pacific Islander Alliance (NQAPIA) is a nationwide federation of LGBTQ Asian American, South Asian, Southeast Asian, and Pacific Islander (API) organizations. We seek to build the organizational capacity of local LGBTQ API groups, develop leadership, and expand collaborations to better challenges anti-LGBT bias and racism.

#NeverAgain nomuslimbanever.com #QueerAzaadi

VICTORY: NQAPIA’s LGBTQ Amicus Brief in Federal Court Helps Block Trump’s Anti-Muslim Travel Ban

You may have heard that the U.S. Court of Appeals for the Ninth Circuit blocked Trump’s anti-Muslim travel ban on Dec. 22. What you may not yet have heard is that the Court made specific reference to NQAPIA’s amicus brief in its legal reasoning.

This is a significant victory. Court opinions very rarely cite amicus briefs. And, we were tremendously successful in showing the court how the Muslim ban has a direct impact on the lives of LGBTQ people. The court said:

[Trump’s Travel] Proclamation also risks denying lesbian, gay, bisexual, transgender, and queer (“LGBTQ”) individuals in the United States the opportunity to reunite with their partners from the affected nations. See Brief of NQAPIA, Immigration Equality et al. as Amici Curiae, Dkt. No. 101 at 17–20. The Proclamation allows that it “may be appropriate” to grant waivers to foreign nationals seeking to reside with close family members in the United States. 82 Fed. Reg. at 45,168–69. But many of the affected nations criminalize homosexual conduct, and LGBTQ aliens will face heightened danger should they choose to apply for a visa from local consular officials on the basis of their same-sex relationships. Brief of Immigration Equality at 4. The public interest is not served by denying LGBTQ persons in the United States the ability to safely bring their partners home to them. (Order, at 66.)

This win is possible because of many supporters, donors, and allies. Joining NQAPIA on the brief were Immigration Equality, the New York City Gay and Lesbian Anti-Violence Project, the LGBT Bar Association of Los Angeles, the LGBT Bar Association of Greater New York, the Lesbian and Gay Bar Association of Chicago, GLBTQ Legal Advocates & Defenders, and Bay Area Lawyers for Individual Freedom. Skadden, Arps, Slate, Meagher & Flom LLP provided pro bono assistance in writing and submitting the brief.

Thank you so much. Next stop, the US Supreme Court.

Read More

Read the 9th Amicus Brief

Read the 9th Circuit Court Order citing the LGBT Brief

Media Release: NQAPIA Hails Federal Appeals Court for Striking Down Trump’s Anti-Muslim Travel Ban

NQAPIA MEDIA RELEASE
For Immediate Release: Thursday, May 25, 2017
For More Information, Contact: Glenn Magpantay, 917-439-3158, glenn_magpantay@nqapia.org

 

NQAPIA Hails Federal Appeals Court for Striking Down Trump’s Anti-Muslim Travel Ban

NQAPIA’s LGBT Amicus Brief Available at: bit.ly/hawaiivtrump

Today, a federal appeals court on the East Coast upheld a lower court’s ruling blocking President Donald Trump’s anti-Muslim travel ban.  A federal appeals court on the West Coast is considering the same.

A jubilant Glenn D. Magpantay, the Executive Director of the National Queer Asian Pacific Islander Alliance, hailed the decision saying, “Trump’s Executive Orders threatens the lives of immigrants and refugees from all walks of life. The anti-Muslim and anti-refugee ban will have a direct impact on the lives of LGBT people and tears families apart”

The ruling from the U.S. Court of Appeals for the Forth Circuit upholds a lower court’s decision in Virginia to halt core portions of the executive order indefinitely.  Last week, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments appealing a lower court’s decision in Seattle that also blocked President Trump’s anti-Muslim travel ban which bars people from certain majority Muslim countries coming to the United States and delays all refugee entries.

NQAPIA and the NYC Gay & Lesbian Anti Violence Project and Immigration Equality, with the pro bono assistance of Skadden Arps Slate Meagher & Flom LLP, filed an amicus (“friend of the court”) brief illustrating the impact of Trump’s Executive Orders on the lesbian, gay, bisexual, and transgender (LGBT) community. Brief is here: bit.ly/hawaiivtrump.

NQAPIA received several complaints and provided legal assistance to LGBT Muslim people and allies who were caught up Trump’s orders.

More information about the original brief can be found here:http://www.nqapia.org/wpp/hi-v-trump/

The National Queer Asian Pacific Islander Alliance (NQAPIA) is a nationwide federation of LGBT Asian American, South Asian, Southeast Asian, and Pacific Islander (AAPI) organizations. We seek to build the organizational capacity of local LGBT AAPI groups, develop leadership, and expand collaborations to better challenges anti-LGBT bias and racism.

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