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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

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.

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#NoBanNoWall #RedefineSecurity #NotOurPresident