Tag Archives: lgbt immigration

Of Border Gays and Trans Migrants: Where Next?

Jose Antonio Vargas is perhaps the best known border gay.

But there is much larger community of border gays and trans* migrants who don’t necessarily bask in the mainstream limelight.

Queer immigrants have been around for quite a while and involved in every civil rights struggle. The undocumented youth movement is just the latest reincarnation. From the earliest days of the New York State Youth Leadership Council (NYSYLC) to Students Working for Equal Rights (SWER) to the LGBT Caucus at DreamActivist and the March 10 Coming Out Day marked by Immigrant Youth Justice League (IYJL), we’ve long been active and at the forefront of securing more rights for immigrant communities while not leaving our queer allegiances behind. If and when the DREAM Act is passed, it would be in large part due to the unrelenting efforts of queer youth and women.

But it has not been easy to navigate the complex world of immigration politics. Different forces have always tried to divide us. We’ve been told to leave spaces because we are queer. We’ve been left out of conversations because we speak our minds. We’ve been told to suppress or hide one part of ourselves in favor of another. We’ve been cast in the binary of good gays and bad queers by white professional anti-racists. We’ve been told to speak out against each other to protect certain heterosexual privileging. We’ve been told that our lives and truths need to be filtered and watered down for the comfort of our more privileged allies. Our gender-queer and trans* compadres have not been treated with the same love and respect. Over and over again.

More often than not and in somewhat mainstream LGBT circles, I’m told that immigration is simply not an LGBT issue. “The DREAM Act only tangentially affects gays.” That may be a fair criticism but I’d like to point out that marriage also tangentially affects gays. It certainly does nothing for those of us who are young, single and ready to mingle, who do not believe in the institution and who have no interest in coupledom. And since marriage is a hetero-normative institution, gay marriage is not even a queer issue. Yet I’ve seen millions getting poured into the movement for marriage equality and to repeal the Defense of Marriage Act (DOMA), which serves to mainly benefit those who assimilate to white, heterosexual normative assumptions of the family.

Personally, as a queer immigrant youth, marriage is a major turn-off because it is precisely what most of our own immigrant families want us to do from the moment we turn 18. They start telling us to “find a good American boy” or “find a good American girl” and the coercion continues for years till we can somehow leave our home or persuade them otherwise or succumb to their desires while hiding our own or kill ourselves. No thanks, I’d much rather pursue higher education as a way to get us out of poverty.

If we are concerned about fighting for issues that affect the largest number of queers, why isn’t the LGBT movement all about securing universal healthcare for everyone and making sure that both reproductive rights and gender re-assignment surgery is part of the package? And in case you forgot, we can still get fired for being queer and trans* because the Employment Non-Discrimination Act (ENDA) remains a non-priority. It’s just not an issue that is on the radar of the gay white boys club and hence, not important. Gay is not the new black; it is the old white.

But I digress. The purpose of this post is not to come down hard on marriage equality proponents. It’s to talk about how to serve the interests of queer immigrant youth in an increasingly hostile environment. And I’ve come up with a small laundry list.

We need to support Nico Gonzalez as he walks across the continental United States for his dream.

We need to help our queer compadres in New York pass the New York Dream Act, to provide financial assistance for long-time New York residents.

We need to pour massive amounts of time and energy into defending the Maryland DREAM Act, which grants instate tuition for everyone who attended high school in Maryland for three or more years.

We need to win on the Child Status Protection Act. After all, it is queer immigrant youth who disproportionately need to keep their original priority date to immigrate through their parents.

We need to join IYJL in celebrating the Third Annual National Coming Out Day and making the effort truly national in character.

We need to fight against the increasing archipelago of detention that disproportionately impacts our queer and trans* compadres, ranging from immigrant detention facilities to police surveillance.

We need to connect the dots between anti-immigrant fervor and good old racism whenever possible and stop people from hiding behind the word “illegal.”

That’s just a few things we need to do immediately. And we don’t have the luxury of waiting for the right time.

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USCIS Grants De-Facto Deferred Action For Same-Sex Bi-National Couples

LGBT Families for Immigration Reform

Image by ep_jhu via Flickr

Update: USCIS is no longer going to deny green card applications (I-130s) filed by married same-sex binational couples. They will hold them in abeyance till a decision can be reached on the Defense of Marriage Act (DOMA). Not that holding in abeyance does not mean processing.

But it does create a case of defacto deferred action. Now what the hell do I mean by defacto deferred action? It’s not deferred action in law but deferred action in fact — usually, pending applicants for green cards are eligible for work authorization at absolutely no cost. Eligibility for work authorization confers social security numbers to applicants and hence, drivers’ licenses, and other necessary identity documents. If you are filing an I-130, you may as well file the application for work authorization at no additional cost, until USCIS tries to fill this loophole created by prosecutorial discretion.

However, here are some caveats. It is unclear whether this is a true shift in policy and whether it creates permission to stay. Visa overstayers may still risk a 10-year bar if they stay in this country without authorization. Yes, I know this creates a permission to work and not permission to live scenario — welcome to my life. Those who entered without proper documents may still be subject to removal proceedings and deportations. And most importantly, the policy only applies to married couples and not merely partners. And if you are an unmarried undocumented adult child of a U.S. citizen or legal permanent resident like me, it is unclear whether your same-sex marriage to a U.S. citizen or legal resident would benefit or doom you.

As always, my advice is to get a good immigration lawyer if you are part of a same-sex binational marriage.

Also, I’m glad to report I’ve a paid fellowship this summer from the San Francisco Chapter of the National Lawyers’ Guild to work at the National Center for Lesbian Rights on LGBT Immigration issues.

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