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[email protected] Coalition trying to save trans asylum seeker

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Bamby Salcedo didn’t know about Attorney General Bill Barr’s announcement late in the night of April 16. Barr in a long memo, Barr said that asylum seekers will no longer be granted bond to get out of ICE detention while their claim is being processed. Even those with “a credible fear of persecution or torture” in their country of origin could face indefinite detention, a new policy apparently designed to further President Trump’s desire to get “tougher” on immigration.

The night Barr changed the immigration rules, Salcedo, founder and CEO of [email protected] Coalition, was focused on her April 17 news conference (streamed live on Facebook) with Amnesty International and New Mexico Immigrant Law Center at the Scales of Justice in Albuquerque, New Mexico. They called for ICE to stop the deportation process for trans asylum seeker Alejandra Barrera who fled violence in El Salvador in 2017 and has been held in Cibola County Correctional Center, ICE’s for-profit contracted detention center in Milan, New Mexico ever since.

“Alejandra should have been released on parole over a year ago. It is outrageous that she faces deportation after being denied fair access to protection and being kept in inhumane conditions,” Rebekah Wolf, Barrera attorney, said at the news conference. “There is no reason why she should be in this devastating situation today.”

An online petition to #FreeAlejandra has collected close to 50,000 signatures and 60 national and local organizations have signed on. “The community is worried about her well being and healthcare needs,” Salcedo told the Los Angeles Blade. “She has sponsors in New Mexico willing to take her in and support her as she goes through the process.”

Barrera, who now has a serious medical condition after detention authorities failed to give her early medical treatment, called into the news conference. “She expressed gratitude for what everyone is trying to do. But she was very emotional, very depressed, very depleted, ” Salcedo said. “She knows she faces a death sentence if she gets deported.”

Salcedo was not surprised hearing about Barr’s announcement against asylum seekers.

“This is one of the strategies the system uses to make money off people,” she said by phone from New Mexico. “We know that corporations are the ones that are contracted with the government to manage the facility and we know that the immigration system really is set up exactly the way the correctional system is set up. The more people that they have detained is how they make money. Obviously, promoting this kind of policy is inhumane. It continues to criminalize people, to make money off of people in detention.”

Salcedo said she is going to ask the [email protected] Coalition lawyer to see if there are any human rights or due process violations. The ACLU already filed a class action lawsuit filed against then-Attorney General Jeff Sessions for his administrations treatment of asylum seekers.

In 2017, Cibola County Correctional Center garnered scrutiny after an in-depth investigation by The Center for Investigative Reporting. Its corporate owner, CoreCivic, is the country’s second-largest for-profit prison contractor with 84 correctional properties, according to reporter Sarah Macaraeg.

“ICE is the primary source of contracts for the private prison giant, whose CEO, Damon Hininger, recently highlighted ramped-up immigration enforcement in the interior of the country under Trump as a harbinger of new demand,” she reported. “The facility’s new role took shape after inmate deaths involving medical neglect came to light last year, prompting the federal Bureau of Prisons to cancel its contract with CoreCivic as part of a drive to minimize private prisons in its operations. That reliance conversely has grown under ICE, which commenced talks with CoreCivic to adopt Cibola soon after.”

Reveal reported that “CoreCivic will be paid $150 million for detaining immigrants at Cibola over the course of a five-year arrangement with county officials and ICE that amounts to a no-bid contract with the federal government…..Cibola County serves only as a pass-through payment mechanism for federal funds to flow from ICE to CoreCivic.”

It is not a stretch, then, to understand Wolf’s complaints that ICE deliberately falsified documents regarding Barrera’s requests for asylum.

“ICE is operating with impunity,” Wolf said in an extensive interview with the Los Angeles Blade (now online).

“There was tons of new evidence, medical records, et cetera. So when I challenged that [denial] determination by saying this is a first parole request that you’ve ever considered,” Wolf said, “they created a letter that they claimed was the original decision. So they said that in March of 2018, they made a determination and they sent me that letter in July of 2018.”

But Wolf never received the letter – because it was made up in response to the second request. “The reason I know that they made it up is because it’s signed by someone who wasn’t in the role that was that actual position at the time that it was supposedly signed,” Wolf said.

“The other reason why we knew it was false was because they’re claiming that the original interview, for the original parole determination, happened on a day that happens to be my birthday (February 28, 2018), which is why I remember that she had court that day. So there’s no way that they did a parole interview on that day, because I was with her.”

Wolf has other evidence, as well, that ICE falsified documents that hurt Barrera’s chances to escape deportation.

But would the health and fate of a trans activist escaping violence in El Salvador matter to an Attorney General apparently intent on doing Trump’s bidding?

Bamby Salcedo hopes someone with power and a conscience will intervene before it’s too late.

 

 

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Congress

Senate passes Respect for Marriage Act with 61 votes

President Joe Biden, Vice President Kamala Harris, the Congressional LGBTQ+ Equality Caucus, and LGBTQ groups celebrated Tuesday’s victory

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U.S. Senate floor vote on Nov. 29 2022 for the Respect for Marriage Act (Screen capture via CSPAN)

WASHINGTON – The U.S. Senate voted 61-36 on Tuesday to officially pass the Respect for Marriage Act, a historic piece of legislation that is expected to soon become law after members in the U.S. House of Representatives sign off on a bipartisan amendment added by their Senate colleagues.

Designed as a vehicle to mitigate the fallout if the U.S. Supreme Court’s conservative supermajority guts the constitutional protections for marriage equality, the bill was narrowly construed – in part to help guarantee that it withstands potential challenges from conservative legal actors.

Nevertheless, the Respect for Marriage Act is a landmark bill that has been backed by virtually every LGBTQ advocacy organization in the country. The legislation repeals the Clinton-era Defense of Marriage Act while enshrining into law substantive protections for same-sex couples.

Regardless of whether or how the high court might decide to revisit the marriage question, the Respect for Marriage Act will protect the federally ordained rights and benefits that have long been enjoyed by married gay and lesbian couples. And should the court pave the way for conservative states like Texas to renew their bans on same-sex marriage, the law will require them to officially recognize and honor those that are performed in jurisdictions where they remain legal.

Despite earning broad bipartisan support from lawmakers in the U.S. House, which passed its version of the bill this summer with an overwhelming majority – including votes from 47 Republican members – the Respect for Marriage Act faced an uncertain future in the Senate.

Conservative members in the chamber’s Republican caucus argued the bill would jeopardize religious freedoms, concerns that a group of five bipartisan senators sought to allay with an amendment that, among other provisions, clarifies the right of religious nonprofit organizations to refuse “any services, facilities, or goods for the solemnization or celebration of a marriage.”

Writing the amendment were Sens. Susan Collins (R-Maine), Rob Portman (R-Ohio), Kyrsten Sinema (D-Ariz.), Thom Tillis (R-N.C.), and Tammy Baldwin (D-Wis.), who was considered the driving force behind the bill’s passage through the Senate.

Several Republican senators proposed additional amendments that – per a narrow procedural vote before and another shortly after the Thanksgiving break – were not put up for debate, thereby allowing the Respect for Marriage Act to clear the Senate with Tuesday’s vote.

Barely surpassing the 60-vote filibuster-proof majority with one extra “yea,” the Senate’s passage of the bill came despite the best efforts of conservative opponents who had run coordinated campaigns to erode support among GOP members.

President Joe Biden and Vice President Kamala Harris each issued statements shortly after Tuesday’s vote.

The President celebrated the “bipartisan achievement” by Congress, writing: “For millions of Americans, this legislation will safeguard the rights and protections to which LGBTQI+ and interracial couples and their children are entitled. It will also ensure that, for generations to follow, LGBTQI+ youth will grow up knowing that they, too, can lead full, happy lives and build families of their own.”

Harris wrote: “The Respect for Marriage Act ultimately stands for a simple principle: all Americans are equal and their government should treat them that way. Today, we are one step closer to achieving that ideal with pride.”

The Congressional LGBTQ+ Equality Caucus also praised the victory. “Today, a bipartisan group of 61 Senators made clear that this country will not roll back the clock on marriage equality,” said Congressman David Cicilline (D-R.I.), Chair of the Equality Caucus. “The Respect for Marriage Act is a crucial safeguard for LGBTQ+ people whose lives have been forever changed by Obergefell v. Hodges and Americans who are in interracial marriages thanks to Loving v. Virginia. On June 26, 2015, the Supreme Court declared marriage equality as the law of the land. Today, the Senate ensured those marriages will continue to be protected.”

LGBTQ groups celebrate the win

“Diverse faith traditions across the nation came together to demand respect for LGBTQ+ Americans – we staked our ground and refused to let this opportunity slip away, ” said Rev. Paul Brandeis Raushenbush, president and CEO of Interfaith Alliance, in a statement Tuesday.

“The  LGBTQ+ community has faced ongoing deadly violence, legislative assaults and constant threats – including the deadly shooting in Colorado Springs barely one week ago,” said Kelley Robinson, president of the Human Rights Campaign, in a statement from the organization.

“Today, with the passage of the Respect for Marriage Act in the Senate — a historic moment that marks the first federal legislative win for LGBTQ+ equality in over ten years, since the repeal of Don’t Ask Don’t Tell — the 568,000 same-sex married couples in this country can breathe a sigh of relief that their marriages will be protected from future attacks,” said Robinson, who yesterday began her tenure as the first Black queer woman to lead America’s largest LGBTQ organization.

GLAAD President Sarah Kate Ellis responded on Twitter and in a statement, writing: “As so many LGBTQ people face uncertainty and harm on the state level and extremists on the Supreme Court vow to reconsider the landmark Obergefell decision, this victory will provide comfort and security to millions of people and their families.”

“Today’s bipartisan vote in the Senate to pass the Respect for Marriage Act is a proud moment for our country and an affirmation that, notwithstanding our differences, we share a profound commitment to the principle of equality and justice for all,” reads a statement from National Center for Lesbian Rights executive director Imani Rupert-Gordon.

LGBTQ Victory Institute President and CEO Annise Parker said, “This landmark piece of legislation protects the marriages of millions of LGBTQ Americans who have not slept well for months, wondering if our marriages would be dissolved by an activist court. While the Respect for Marriage Act is undoubtedly one of the most important pro-LGBTQ laws ever passed, it does not require states to grant marriages to LGBTQ couples. Until then, our fight is not over.”

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Los Angeles

LA Times: LAPD execute search warrants in racist audio leak probe

It is unclear how the recordings were made. Recording conversations without a person’s consent is illegal in California, with rare exceptions

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LAPD Chief Michel Moore being interviewed by KTLA 5 in October (Photo Credit: LAPD Public Affairs/Facebook)

LOS ANGELES – Several law enforcement sources told the Los Angeles Times Tuesday that Los Angeles Police Department detectives have served several search warrants as they attempt to find out who recorded a meeting filled with racist and offensive comments among three L.A. City Council members and a powerful labor leader.

The Times reported that the sources, who spoke on condition of anonymity because the probe is ongoing, did not identify the specific targets. But they said the department obtained warrants for several social media accounts, including the Reddit account that first posted the audio leak.

This past October, LAPD Chief Michel Moore announced in a press briefing that detectives were investigating the source of the leaked racist recordings that thrust City Hall into a harsh national spotlight.

“The department has initiated a criminal investigation into the allegation of eavesdropping into the L.A. Fed meeting involving then-Councilperson Nury Martinez, Councilmember Gil Cedillo and Councilmember Kevin de León and the Fed president Mr. [ Ron] Herrera,” Moore said, referring to the Los Angeles County Federation of Labor.

The recordings took place at the offices of the Los Angeles County Federation of Labor, which has called the leak “illegal” and vowed to have those involved prosecuted. The union attempted to block the Los Angeles Times from publishing details of the recordings, saying they were obtained illegally. The Times refused to halt publication.

It is unclear how the recordings were made. Recording conversations without a person’s consent is illegal in California, with rare exceptions.

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Federal Government

Nonbinary Dept. of Energy official replaced after felony charges

Extreme right-wing Congresswoman Marjorie Taylor Greene (R-Ga.) published an offensive tweet yesterday targeting their nonbinary identity

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Sam Brinton addressing Trevor Project gathering in 2018. Screenshot/YouTube The Trevor Project

WASHINGTON – The Department of Energy replaced a nonbinary senior official who had served as the agency’s deputy assistant secretary for spent fuel and waste disposition after they were charged with a felony over an incident at Minneapolis-St. Paul International Airport on Sept. 16.

Sam Brinton, whose departure from the Energy Department was confirmed by a spokesperson to the New York Post, did not immediately respond to the Washington Blade’s request for comment via Facebook Messenger.

Brinton, who has dual degrees from MIT and years of experience in nuclear waste management and climate change work, is also an LGBTQ activist who made history this year with their appointment as the first openly gender-fluid person to serve in a senior government post.

A 2018 column in the Los Angeles Times argued there was a cultural shift afoot towards greater acceptance of transgender and gender fluid people — using, as an introductory anecdote, Brinton’s appearance at the Academy Awards. According to the author, Brinton spoke passionately about their suicide prevention work for the Trevor Project and was embraced by Hollywood icons like Jane Fonda.

They also encountered some hateful backlash from anti-LGBTQ figures on the right, which was renewed on Monday with the news about Brinton’s dismissal pursuant to the felony charges filed against them, which conservative-leaning outlets were among the first to report.

Extreme right-wing Congresswoman Marjorie Taylor Greene (R-Ga.) published an offensive tweet yesterday targeting Brinton and their nonbinary identity:

According to reporting in the New York Post, during an initial conversation with police, Brinton allegedly denied that they had stolen another passenger’s suitcase. Subsequently, Brinton told investigators they accidentally grabbed the wrong bag at the luggage carousel by mistake out of exhaustion.

Court filings indicate that Brinton, upon realizing they had mistakenly taken someone else’s bag, emptied its contents into dresser drawers in their hotel room, anxious about the prospect of facing accusations of property theft.

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Southeast Asia

Lawmakers in Singapore repeal country’s colonial-era sodomy law

Constitutional amendment to define marriage as between a man and a woman approved

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Singapore skyline (Public domain photo)

SINGAPORE — Lawmakers in Singapore on Tuesday repealed a colonial-era law that criminalized consensual same-sex sexual relations.

The Straits Times newspaper notes 93 MPs voted to repeal Section 377A of the country’s penal code after 10 hours of debate that spanned two days. A constitutional amendment that ensures marriage remains defined between a man and a woman also passed on Tuesday with 85 MPs voting in favor of it. 

Prime Minister Lee Hsien Loong in August announced his country would decriminalize consensual same-sex sexual relations.

The city-state’s Court of Appeal in February upheld a lower court decision that dismissed three lawsuits against Section 377A of the country’s penal code. Home Affairs Minister K Shanmugam a few months later told the BBC his country will not prosecute anyone under the colonial-era law.

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Research/Study

LGBTQ youth in juvenile correctional settings higher risk for suicide

Girls and youth of color were overrepresented among incarcerated LGBTQ youth: 64% of incarcerated LGBTQ youth were girls

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Campus Kilpatrick juvenile facility Malibu (Photo Credit: County of Los Angeles)

LOS ANGELES – A new study from the Williams Institute at UCLA School of Law finds that LGBTQ youth are disproportionally represented in juvenile correctional facilities. The majority of LGBTQ youth held in custody are girls (64%) and youth of color (72%), and they face a significantly greater risk of suicidal ideation, suicide attempt, and self-harm.

Using data from the Minnesota Student Survey, a statewide population survey of youth, researchers from UCLA, Vanderbilt, Brown, and Yale Universities examined the mental health experiences of LGBTQ and non-LGBTQ youth in juvenile correctional facilities and public schools. Results show that compared to straight, cisgender youth in public schools, incarcerated LGBTQ youth were twice as likely to think about suicide, six times more likely to attempt suicide, and nearly four times more likely to engage in self-harm. 

Among incarcerated youth, LGBTQ youth had a greater risk of suicide and self-harm than their straight, cisgender peers.

“LGBTQ youth start with more stressful experiences as children, which lead to adverse mental health outcomes. But rather than being cared for, they end up in juvenile correctional facilities in larger numbers than non-LGBTQ youth,” said study co-author llan H. Meyer, Ph.D., Distinguished Senior Scholar of Public Policy at the Williams Institute. “These youth must manage the stress of a carceral setting while also navigating sexual and gender minority identities, which can increase exposure to violence, bullying, and isolation.”

KEY FINDINGS

  • LGBTQ youth are overrepresented in Minnesota correctional facilities: 29% of youth in correctional facilities identify as LGBTQ compared to 20% of youth in public schools.
  • Girls and youth of color were overrepresented among incarcerated LGBTQ youth: 64% of incarcerated LGBTQ youth were girls compared to 48% of straight, cisgender youth in high schools, and 28% of incarcerated LGBTQ youth were white compared to 73% of straight, cisgender youth in high schools.
  • All youth in correctional facilities as well as LGBTQ youth in public schools showed an elevated risk of suicide ideation, suicide attempt, and self-harm compared to straight, cisgender youth in public schools. However, incarcerated LGBTQ youth had substantially greater risk.
  • Compared to straight, cisgender youth and LGBTQ youth in high schools, LGBTQ youth in correctional facilities reported the highest prevalence of suicide ideation (42%), suicide attempts (38%), and self-harm (58%).
  • More than half (54%) of incarcerated LGBTQ youth reported experiencing four or more adverse childhood experiences, including various forms of abuse, neglect, and household dysfunction. In contrast, 6% of non-LGBTQ youth in public schools reported the same.

“Interventions are needed to reduce pathways to incarceration for LGBTQ youth and to buffer the harmful effects of adverse childhood experiences,” said lead author Kirsty A. Clark, Assistant Professor of Medicine, Health, and Society at Vanderbilt University. “Supportive policies that lessen exposure to minority stressors and increase coping skills in the face of victimization are warranted.”

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Congress

U.S. Senate vote sets up passage of same-sex marriage act

Coordinated campaign by anti-LGBTQ groups fails to weaken support among GOP Senators as the bill sees clear path to near-certain passage

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U.S. Capitol Building (Photo Credit: Rev. Brandan Robertson)

WASHINGTON – Passage of the Respect for Marriage Act became all but certain with the U.S. Senate’s procedural 61-35 vote on Monday night to forego additional debate in the chamber over the landmark legislation.

From here, the bill will return to the U.S. House of Representatives, which will consider — and is expected to approve — an amendment that was added by a bipartisan group of Senators led by Tammy Baldwin (D-Wis.). Then, it will reach President Joe Biden’s desk.

The president has repeatedly urged lawmakers to pass the bill so he can sign it into law. His administration, along with Congressional Democratic leadership, has made the Respect for Marriage Act a top legislative priority in the weeks before the new Congress is seated in January.

Today’s move by the Senate came on the heels of a coordinated campaign by conservative and anti-LGBTQ advocacy groups that wield considerable influence on Capitol Hill and marshaled their efforts to peel off support from Republican senators in the days leading up to Monday’s vote.

Republican Sens. Todd Young (Ind.) and Cynthia Lummis (Wyo.), who were among the 12 Senate Republicans who supported advancing the legislation in a procedural vote taken before Thanksgiving, cast the final two votes on Monday allowing the measure to clear the 60-vote majority threshold to pass. Axios reports the two lawmakers faced particular pressure from conservative activists who sought to erode their support for the legislation.

The Respect for Marriage Act will repeal the Clinton-era Defense of Marriage Act, adding legal protections for same-sex couples, many of whom would otherwise face devastating consequences if the U.S. Supreme Court reverses or substantially weakens the constitutional right to marriage equality.

Notwithstanding criticism from some progressives who feel the bill is too conservative in scope, the Respect for Marriage Act — along with the bipartisan amendment that was introduced in the Senate to enshrine protections for religious liberty — is supported by major LGBTQ organizations including the Human Rights Campaign, GLAAD, Lambda Legal, the National Center for Transgender Equality, GLSEN and PFLAG National, among others.

The bill’s aim, narrowly tailored, was to gird against the possibility that the high court would revisit its precedential decisions in United States v. Windsor (2013) and Obergefell v. Hodges (2015).

Justice Clarence Thomas signaled his intention to do so with his concurring opinion earlier this year in Dobbs v. Jackson Women’s Health Organization — a case that revoked Americans’ constitutional right to abortion, overturning the Court’s historic rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).

Over the summer, the House passed the Respect for Marriage Act with an overwhelming majority, including votes from 47 Republican members. Dozens of religious denominations and groups that represent a broad spectrum of beliefs have endorsed the legislation, including the Mormon church, which took pains to reaffirm its position that same-sex relationships are sinful. Scholars representing a similarly diverse range of opinions on germane legal questions have also publicly backed the bill.

Still, the opposition remained steadfast.

“Religious Americans will be subject to potentially ruinous litigation, while the tax-exempt status of certain charitable organizations, educational institutions, and non-profits will be threatened,” said Sen. Mike Lee (R-Utah) in a statement opposing the legislation as written and proposing an additional amendment to the bill.

Organizations like the Heritage Foundation, a conservative think tank, echoed Lee’s concerns about the Respect for Marriage Act vis-à-vis protections for religious liberty. Others, like the Liberty Counsel, designated by the Southern Poverty Law Center as an anti-LGBTQ hate group, peddled outrageous arguments including the lie that the Respect for Marriage Act would normalize or facilitate child sexual exploitation and abuse.

Even in the aftermath of the deadly shooting on Nov. 19 at a Colorado Springs, Colo., LGBTQ nightclub, these attacks from conservative groups continued apace and even increased as the Senate’s vote on Monday drew nearer.

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