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WASHINGTON, D.C. (WDVM) Back in June, the Trump administration drafted a proposal that would place more restrictions on asylum seekers seeking refuge in the united states at U.S. borders but how will this proposal impact LGBTQ immigrants specifically?

Members of the community say these changes could create barriers for them to be allowed into the country.

The rule received nearly 89,000 comments, which is a staggering number of comments, most of them in opposition, said Azadeh Erfani, Senior Policy Analyst at the National Immigrant Justice Center.

Erfani says one of the biggest concerns amongst LGBTQ activists is the regulation that immigrants would have to identify with social groups their first day in court. Activists believe that immigrants fearing persecution for their gender identity will have a difficult time coming out to the judge.

They have to disclose often times very intimate facts about themselves in order to really lay out the claims on their persecution, she said.

Senior Director for the Center for American Progress, Sharita Gruberg, says another concern is being denied for using false identification.

LGBTQ folks, particularly trans folks, in countries where theyre facing persecution, are not necessarily going to have access to the travel documents they need to officially enter a new country, said Gruberg.

And Geoffrey Louden who is the Chair of Center Global, says that LGBTQ immigrants may not have access to a support network back home due to anti-LGBTQ sentiment.

In addition to coming to the United States, uprooting their lives, not knowing anyone here, theyre also not able to find the support networks that other asylum seekers might necessarily know they have access to, he said.

The stricter legislation comes as a way to screen asylum cases easier and faster.

It basically tries to screen out cases before they reach their merits and what that means is that people are going to be denied their day in court, said Erfani.

However, conservatives say that the immigration system has been abused for years. Conservative activist Joe Visconti says tighter restrictions will prevent those who are falsely seeking asylum from entry.

The federal government does not allow illegal aliens to be harboredso thats what the wall is for, said Visconti. But the reality is Trump is trying to do a broad stroke to make a program that will make it much more difficult for people to fake that they are seeking asylum.

The solution to LGBTQ abuse and violence, he says, is to put pressure on the United Nations to address the abuse of the community in the countries they are fleeing from.

Many of them are coming from countries that oppose gaysthis is something that should be addressed, I think, with the United Nations, said Visconti. Trump is the easy blame. America is the easy blame, and we are not the policemen of the world, and were not the caretakers of the world.

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inFOCUS How will LGBTQ asylum seekers be impacted by Trumps immigration reform proposal? - WDVM 25

Texas and eight other Republican-led states will ask a federal court on Tuesday to rule the Deferred Action for Childhood Arrivals program unlawful, posing a fresh threat to the Obama-era program offering deportation protections to young immigrants that has been the subject of legal battles for the past few years.

The Trump administration first attempted to end the program, known as DACA, in September 2017, but it was blocked by federal courts. The Supreme Court ruled in June that it hadnt taken the proper steps to do so, and after several additional months of legal wrangling, the government began accepting new applications for the program for the first time in more than three years.

DACA, introduced in 2012, offers temporary protections to any immigrants in the country without legal authorization who were 30 or younger when the program was announced. President Obama created the program to protect these young immigrants, known as Dreamers, after their namesake bill the Dream Actwhich would have provided them a path to citizenshipfailed to pass Congress in 2010.

The years of legal and political fighting over the program, which has become a flashpoint in the larger debate over immigration reform, have created a sense of whiplash for the 640,000 young immigrants who depend on the program for work permits and protections against deportation. President-elect Joe Biden has said he will fully reinstate the program, while conservative states fight to overturn ita mirror image of the fight throughout President Trumps term in office, when the White House sought to end its protections but was met with court challenges by states to preserve them.

Juan Carlos Cerda and his fiance, Juana, both Dreamers, are accustomed to their immigration status disrupting their lives. For the past year, they have wanted to buy a home together, but struggled to find a lender willing to make them a loan. On Saturday, they finally moved into that homea two-story brick house in Fort Worth, Texas.

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Texas Challenges Legality of DACA in Latest Bid to End the Program - The Wall Street Journal

WETHERSFIELD, Conn. A Wethersfield Man is celebrating 1000 consecutive days advocating for the rights of immigrants and dreamers.

In 2018, Alan Dornan grew furious with the injustices he was seeing in the world when it came to immigrants and the rights of dreamers. I just suddenly heard this voice in my head that said, walk!

And so, 1000 days ago, the then 78-year-old Alan Dornan picked up his sign, and began walking. He walked 2 miles every single day with his sign until he was no longer able to do so. Suffering from scoliosis and other back issues, but changed his commitment to sit on the corner for 90 minutes every day.

Alan is passionate about advocating for the dreamers and immigrants and is a Member on the Immigrant and Refugee Coalition Board.

Alan will continue to fulfill his commitment until he can no longer do so.

Last year, Dornan said hes fighting for those without a voice, and said he will use his platform to make a difference for as long as he can.

Dornan said, Congress needs to pass comprehensive immigration reform that includes permanent legal status and a pathway to citizenship for the 11 plus million undocumented immigrants in America.

At that time, his neighbors said no matter where you stand on the issue seeing his strength makes them proud.

Tammy Dube said, It doesnt matter if its rain, if its icy he walks and its amazing to see him.

Tammys husband, Paul, further explained, You got to respect him for what he believes in and its a good thing that he does that, but its a human respect thing for another human and I wish more people could be like him.

Excerpt from:
81-year-old Wethersfield man has been out 1,000 straight days for immigration rights - FOX 61

Right: My passport picture before immigrating to the US. (Luis Manuel Diaz)

The ongoing struggle for racial justice. The future for immigrant families. The health and well-being of all Americans. The very fate of our fragile planet. The United States faces a crossroads in 2020. Seeking out the stories flying under the national radar, The Nation and Magnum Foundation are partnering on Whats At Stake, a series of photo essays from across the country through the lenses of independent imagemakers. Follow the whole series here. This installment was produced with support from the Economic Hardship Reporting Project.

Some of the earliest memories I have of the United States after immigrating from Mexico are the long drives to the supermarket my father and I used to take. As soon as we entered the car, my father would put on his favorite CD, by Los Tigres Del Norte, and immediately La Jaula De Oro would start to play. This nortea anthem laments that the journey of migration, the opportunities that await in America, and the struggle to live the American Dream all come with great costs: Although this cage is made of gold, Los Tigres sing, it does not stop being a prison. As my dad nodded along, I could tell this was a lesson my father had learned himself, creating a life away from the country of his youth. But for me, it ended up taking a few years of living here to fully understand the complexity of the lyrics, and the pull they had on my father.

Like many other young immigrants and first-generation Americans, young Latinxs have seen and experienced what the pursuit of the American Dream can do to a body. Seeing our parents overworked, mistreated, and ridiculed while they are simultaneously expected to remain grateful for the scraps this country offers them has for decades shaped how our communities live in this country. There has been Latinx activism and organizing in this country for as long as the United States has existed, but for my generation of Latinx youth, things seem different: As a group, we seem to be throwing off the heavy burden this places on our shoulders and are confronting head-on the oppressive systems that shape our lives.

Nikki, in red, and Chanty. Our generation is more outspoken, Nikki explains. We honor our cultural background but we are also more likely to stand up for what we believe in and to teach the older generation where their views may be biased. (Luis Manuel Diaz)

Latinx youth of my generationIm 24have become more vocal than ever before, organizing around issues that affect our communities and pushing our friends, family, and neighbors to get involved in shaping our political future. I think we are more outspoken than the generations that came before, says Nikki. We honor our cultural backgrounds but we are also more likely to stand up for what we believe in and to teach the older generation where their views may be biased.

Liz with her boyfriend Nay. Latinos have a lot of work to do when we talk about racism, Liz says. Theres a lot anti-blackness in our culture and we can do better by simply talking to and educating our family and friends. (Luis Manuel Diaz)

Part of the shift has come from the recognition that the category Latinx is not a monolith: Our communities are composed of many races, religions, and nationalities. We come from different countries, different backgrounds. Its a category that includes wealthy Cuban refugees alongside poor Indigenous Central American migrants, White Latin Americans alongside Afro-Latinxs. This diversity creates tension, and our generation is working to address the racism, colorism, and xenophobia that exists in many of our communities. Latinos have a lot of work to do when we talk about racism, Liz told me. Theres a lot of anti-Blackness in our culture and we can do better by simply talking to and educating our family and friends. Understanding that we all have racial bias, that there are learned behaviors that have been passed down from generation to generation, that white supremacy is a global issue and not specific to America, drives a lot of our organizing. I want for everyone to come together, to become allies, because at the end of the day we are far more similar than we are different. says Liz.

Left: Storefront display of traditional Mexican regional clothing, ceramics, and religious figurines. Right: Berenice, in brown, and Yasmine. (Luis Manuel Diaz)

Then theres the topic of immigration: Every four years, the presidential candidates make big promises about immigration, saying theyll be the one to finally pass overdue policy reform, or threatening to shut the borders to Latinx immigrants. But the last comprehensive immigration reform and amnesty legislation was passed almost 35 years ago, so undocumented immigrants can be forgiven for not giving much weight to candidates promises. The DACA program passed under Obama, which provided a path to citizenship for undocumented people brought to the country as minors, has so far survived the Trump administration, but it is far from the comprehensive immigration reform this country needs. As Berenice, a DACA recipient, told me, To some, citizenship may not be much, but citizenship for others is the security blanket that many aspire a whole lifetime to obtain and only a few get. Though being undocumented doesnt define you as a person, it does set boundaries as how big you can dream. Yasmine, a DACA recipient, adds, Theres so much uncertainty living in the US as an undocumented person. We cant allow ourselves to dream too much because it can all be easily taken away. Or as Berenice explained, I feel like I am in constant limbo. Not knowing the future of DACA has kept me from looking into opening my business.

Right: Kristian with his mother and four generations of women in pictures on the wall. Right: Mural of St. Jude, patron saint of lost causes. (Luis Manuel Diaz)

Living as an immigrant in the United States these past four years under Trump has created a lot of fear and uncertainty within our communities, and we see the toll this has taken on our parents. Growing up, our parents seem like the strongest people in the world, but when we become adults oursselves, we begin to understand how great the burdens placed upon them were, and how much they struggled with them. Young undocumented are at front of immigration reform, but we cant forget about our parents, grandparents and neighbors, Kristian, a former Dreamer explains. They deserve protection as well.

Bianca two weeks before giving birth to her daughter. I want my little girl to know and learn about her family's history, how both of her grandparents immigrated to the US for a better future. I want her to feel empowered by her roots. (Luis Manuel Diaz)

Now that my generation is growing up, were entering the workforce, taking care of our parents, our brothers and sisters, and some of us have started a family of our own. Were thinking of the future, not just for ourselves, but for those who will come after us. I want my little girl to know and learn about her familys history, how both of her grandparents immigrated to the US for a better future. I want her to feel empowered by her roots and not made to feel less than, says Bianca. We feel the responsibility to keep our cultures and traditions alive and to not let them be consumed by assimilation. While honoring our parents and ancestors, we want to create a new Latinx identity in this country, one thats founded on mutual respect and equity. We finally have the power to become the role models that we desperately wanted to see growing up.

Yasmine, left, and Berenice hugging their mother. (Luis Manuel Diaz)

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The Latinx Future Will Not Look Like the Latinx Past - The Nation

On Sunday, December 13, Luis Manuel Vasquez-Gomez, a 52-year-old Dominican national with a green card, was killed by police after he discharged a weapon outside the Cathedral Church of St. John the Divine in Manhattan following a Christmas carol concert there. It was not his first encounter with the law, raising the question as to why he was in the United States let alone New York to begin with.

The New York Times reports that the shooter came to this country in 1976 as an immigrant, and by the age of 22 had at least three arrests one for shooting at a woman and police officers, one for cutting a man's hand, and one for selling drugs to an undercover cop. By 1991, he had been convicted of possession of a weapon, harassment, and sale of a controlled substance, and ended up serving a prison sentence.

He came to the attention of the former Immigration and Naturalization Service (INS) in 1994, and was ordered deported by an immigration judge (IJ) in 1995. But for some reason that is unclear from reporting, he was not in fact deported. ICE locked Vasquez-Gomez up after an unspecified parole violation in 2007.

That is where the case gets legal and weird. Logically, he could have applied for a waiver under former section 212(c) of the Immigration and Nationality Act (INA), during his deportation proceedings in the 1990s.

Section 212(c) was on its face relief that was available to lawful permanent residents (LPRs) returning from abroad who had accrued at least seven years of residence in the United States, to waive various grounds of removal (including most criminal ones). In 1976, the Board of Immigration Appeals (BIA) (following the lead of the Second Circuit) expanded the coverage of section 212(c) of the INA to allow LPRs in the United States to seek that waiver even if they had not left the country.

The applicability of section 212(c) just grew from there, and was liberally granted to eligible aliens 10,000 just between 1989 and 1995, according to the Supreme Court. By 1996, Congress had enough.

That year, it severely limited the availability of section 212(c) in section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), before eliminating those waivers in section 304(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). That waiver was replaced with the much more stringent "cancellation of removal for certain" LPRs in section 240A(a) of the INA (42A cancellation).

Well, sort of. In 2001, in INS v. St. Cyr, the Supreme Court held that section 212(c) relief was still available to aliens who had been pleaded guilty to a crime before the effective date of IIRIRA (April 1, 1997), on the theory that those aliens had done so in reliance on the availability of that relief (just proving how liberally the waiver had been granted).

Then, in 2014, the BIA expanded that decision to aliens who had been convicted following a trial before the effective dates of AEDPA and IIRIRA, if they would have been eligible to apply for 212(c) under the law then in effect prior to amendment. To be fair to the BIA, it did so in light of intervening circuit court decisions that had made a mess of the limitations and repeal of section 212(c) in AEDPA and IIRIRA, respectively.

Which brings me back to Vasquez-Gomez. As noted, he had been arrested by ICE following a probation violation in 2007, but (according to the Daily News) an IJ granted him a stay of removal to challenge his 1995 deportation order in November of that year, and he was ordered released in February 2008 (it is unclear whether ICE or the IJ let him go). He was granted I conclude from the reporting a waiver under section 212(c) in November 2017.

Last Sunday, wearing a Dominican flag mask, Vasquez-Gomez waited until the performance at St. John the Divine had concluded before firing shots in the air. The backpack he carried contained gasoline, as well as rope, knives, duct tape, and a Bible. In an understatement, New York Police Commissioner Dermot Shea stated: "I think we can all surmise the ill intentions of the proceeds of this bag."

Underscoring this point, a note was found in his pocket stating that he planned to take hostages at the church, and hold them until banks and companies ponied up money to help needy people in Latin America. The NBC outlet in New York explains: "Vasquez voiced his anger at the 'U.S. regime which has committed robbery and more against the people of Latin America.' He also wrote that he did not envision returning to his Bronx apartment."

It sounds like classic "suicide by cop" by a plainly disturbed man wanting to bring attention to his vague grievances. Those complaints seem particularly ironic, in light of the lenient treatment the U.S. immigration system had given him.

Apparently, his troubles with the police did not end in 1995, or even 2017. He was wanted by the police for menacing with a gun this past summer (all told, he had six arrests over 30 years). Bishop Andrew M.L. Dietsche of the Episcopal Diocese of New York, opined that Vasquez-Gomez's act was "self-destructive and not an attack on the church". Bishops can be magnanimous in a manner that IJs cannot.

Vasquez-Gomez's case demonstrates why Congress eliminated section 212(c) relief to begin with, but also how it remains a "zombie" provision in the INA. In FY 2018 (the last year for which statistics are available), immigration courts and the BIA granted that relief to 368 aliens more than two decades after Congress "eliminated" it in IIRIRA.

Of course, the case also raises other questions. Why, exactly, had this LPR's case been reopened in 2007 to apply for relief that was ostensibly available to him when he was ordered removed in 1995? Why did it take 10 years for that 2007 case to be resolved? Who ordered his release from immigration custody in 2008? And did the state of New York report his latest infractions to ICE? The answer to the latter question was almost definitely "no," for reasons that I explainedlast Friday.

Those questions will likely remained unresolved, but I have some ideas. Given the passage of time between the 1995 order of deportation and his 2007 motion to reopen, Vasquez-Gomez likely did not have any "serious" marks on his record, and probably did not have any a decade later. "Time heals all wounds," but it also gives aliens under final orders time to build up new equities in the United States.

That just shows why it is important for ICE to remove aliens under final orders expeditiously. But given the agency's limited resources, and the fact that at the end of FY 2019, there were 595,430 immigration fugitives that is, aliens who have failed to leave the United States based on a final order of removal, deportation, or exclusion, or who have failed to report to ICE after receiving notice to do so there are likely to be more aliens whose removal orders go unexecuted for decades into the future. I hope none are as dangerous as Vasquez-Gomez but in a population of almost 600,000 people, there are bound to be a number of bad apples.

I doubt that the situation is likely to get any better in the 117th Congress or under theadministration of president-electJoe Biden who has already expressed his disdain for ICE enforcement and the current immigration laws.

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New York Cathedral Shooter Had Been Given Immigration Relief - Immigration Blog