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Alejandra is free! Trans asylum seeker out of ICE detention after 20 months

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Bamby Salcedo could hardly contain her joy! Alejandra Barrera, who fled violence in El Salvador and faced deportation after 20 months in Cibola County Correctional Center, ICE’s for-profit contracted detention center in Milan, New Mexico, was freed on parole late Friday night, Sept. 6. The release in the dark of night came after an intense and sustained campaign by her attorney Rebekah Wolf from Equal Justice Works, Salcedo’s [email protected] Coalition and Amnesty International, as well as engaged members of Congress and ordinary citizens to the #FreeAlejandra!

“My heart is so full of joy because it’s just amazing that the efforts of so many different people participated in making sure that she come home. There was no reason why she was being denied the opportunity to fight her case on the outside,” Salcedo said in a video posted on the [email protected] Coalition Facebook page. Salcedo thanked everyone who participated in the successful but arduous #FreeAlejandra campaign.

“It was because of all of your calls, because of all of you signing petitions, showing up to the rallies, showing up the press conferences, her lawyers – everyone – all of you who wrote letters to Alejandra, everyone who participated in la campaigna de #FreeAlejandra – should be very proud because this is one more victory and we should be able to celebrate,” Salcedo said.

Alejandra was released into the care of her [email protected] Coalition sponsor Alma Rose to fight her asylum case outside of the prison-like facility. Rose put her name and house as a “down payment” to get Alejandra out of detention, says Salcedo.

Just three days earlier, Salcedo was still pleading Alejandra’s case via Facebook.

“30,000 signatures, 75+ organizations supporting, letters from Congress sent, and ICE IS STILL HOLDING ALEJANDRA IN DETENTION! But we are not giving up. Alejandra’s case represents the mistreatment of all trans women while in ICE custody, it is clear that ICE only intends to harm us! We have filed a habeas corpus for Alejandra, what is a legal process that reports her unlawful detention for almost 2 years, brings her case to the court, and calls for her release on the basis of prolonged detention

 

Starting tomorrow, we need your help putting Congressional pressure on ICE one more time. And next week we will be targeting ICE directly, the clock is ticking! If you have not taken action at all in the last year, now’s your chance! Check our page tomorrow for instructions and call scripts.”

June 14, 2019 Congressional letter to ICE

Last July, The National Immigrant Justice Center (NIJC) filed a petition for writ of habeas corpus saying Alejandra’s prolonged detention “violates the Fifth Amendment’s due process protections against indefinite detention. Ms. Barrera, an arriving asylum seeker, has requested parole a total of five times since her arrival in the United States in November 2017, but has never had the opportunity to appear before a judge to determine whether her detention is justified,” NIJC said in a press release.

“Alejandra’s detention for over 19 months highlights the difficulty asylum seekers face in getting released from detention, particularly where their only chance of release rests solely on ICE’s discretion,” said NIJC Senior Attorney Tania Linares Garcia. “The women of the Cibola transgender ward have written letters attesting to the lack of food, medical care and other basic needs. Alejandra has been held in these conditions without an opportunity to have a judge determine whether her detention is justified.”

The power ICE wields is frightening. ICE denied Alejandra’s release “even after the government conceded that her asylum case should receive further review by the Board of Immigration Appeals, and after the Tenth Circuit granted a stay of removal in her case finding that she is likely to succeed on the merits of her appeal.”

Alejandra’s federal lawsuit is supported by numerous members of Congress as organizations and her attorneys challenge ICE’s professional conduct handling both her asylum and parole requests.

“Amnesty International has grave concerns about ICE’s conduct in its handling of Alejandra’s parole requests,” said Alli Jarrar, North America campaigner for Amnesty International, as well as ICE failing to address Alejandra’s various progressive medical issues.

The National Immigrant Justice Center also noted that some of the trans women in the ICE detention center sent open letters to NIJC and other advocates “decrying inhumane conditions and medical neglect they have suffered.”

Alejandra, friend and attorney Rebekah Wolf at release Sept. 6, 2019

“ICE is acting with total impunity in this country right now,” Wolf told the Los Angeles Blade last April, describing the byzantine, Catch 22 twists and turns Alejandra’s case has taken, leading to deep depression. “Even falsified documents — it feels like spitting into the wind. And then I talked her this morning, and she’s like, ‘One last battle. One last battle.’ So that’s what we’re on.”

But Alejandra, 44, was an activist, educator and a campaigner for trans and LGBT communities and for people with HIV in El Salvador, Wolf says. She also lived through the El Salvadoran civil war (1979-1992) and “had been targeted a number of different times by the El Salvadoran military at checkpoints who terribly abused her.”

Alejandra escaped with her trans niece, Zulay, fleeing through Mexico, where she endured threats and abuse from gangs, which she attempted to report. They arrived at the U.S. border in November of 2017, entered legally through a Port of Entry, but they were detained immediately and transferred to Cibola, some of the first trans women detained there.

Alejandra should have been released after maximum two months of detention. “She got a positive, credible fear determination,” Wolf said. “We requested parole five times. In the beginning they just told her there is no parole. So, she and Zulay both have their hearings and Zulay was granted asylum and has been out now for a year. Alejandra was denied.”

And denied and denied. Alejandra’s release on parole enables her to gather better evidence and better plan for her next asylum hearing. She heads to the ICE office on Monday to get parole instructions, Salcedo says. But other than ensuring her medical anther basic needs are taken care of, the #FreeAlejandra coalition has yet to strategize about their next steps.

Alejandra and friends

“This is not the last time we’re going to hear from Alejandra,” her sponsor Alma Rose, the [email protected] Coalition’s rapid response coordinator inside immigration detention facilities, says on her Facebook video of Alejandra’s release. “She is free tonight – an historic night.”

“Alejandra was an organizer and activist in her country. Her life was in danger,” Salcedo says. “We know she has so much potential. She’s already outspoken for people’s rights in the fight for social justice.”

Alejandra’s release, Salcedo says, “is an example of solidarity work – of when people come together, when people fight for what is right – and the fight for justice wins. This is one example of a victory we can all savor.”

 

 

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Oklahoma

Oklahoma Senate passes anti-Trans bathroom bill sends it to Governor

The law stipulates that all students must use bathrooms and locker rooms that match the sex listed on their birth certificates

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Oklahoma Governor Kevin Stitt (Screenshot/YouTube)

OKLAHOMA CITY – The Oklahoma Republican-majority state Senate passed SB 615 in a 38-7 vote, a measure that will bar transgender students in pre-K through 12th grade at public and public charter schools in the state from using bathrooms consistent with their gender identity.

The bill now heads to Republican Governor Kevin Stitt and will be effective upon his signature into law.

The law stipulates that all students must use bathrooms and locker rooms that match the sex listed on their birth certificates. Transgender students who decline to use the restroom required under the measure would have to use “a single-occupancy restroom or changing room” provided by the school.

At the end of April Stitt signed that explicitly prohibits the use of nonbinary gender markers on state birth certificates and in March he signed into law Senate Bill 2, a bill which would restrict transgender girls from playing on school sports teams that match their gender identity. 

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New Hampshire

New Hampshire’s Republican Governor to veto “Don’t Say Gay” bill

“This bill is antithetical to all the work we have done to ensure individuals in the LGBT community can live a life free from discrimination”

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Governor Chris Sununu (Screenshot/ CBS Boston)

CONCORD – New Hampshire’s Republican Governor Chris Sununu announced Thursday that he will veto HB 1431, titled as the “Parental Bill of Rights,” legislation that would force school officials and faculty to take on the role of outing students to their families.

“This bill as written creates numerous challenges for kids,” the governor said. “I share the concerns of the attorney general and, as such, will veto the bill if it reaches my desk.”

The bill had undergone several changes with a final amended version working through both chambers pushed by Republican leadership.

The New Hampshire Bulletin reported Thursday that the bill has been opposed by the New Hampshire Attorney General’s Office, LGBTQ+ rights groups, civil rights advocates, and teachers unions, who noted that the legislation would require schools to “out” trans students to their parents. They argued that doing so could be dangerous for some students and might discourage others from seeking help at school.

In interviews with Manchester’s ABC News affiliate WMUR-TV 9, supporters claimed it would allow parents to be more involved with their children’s school lives.

“They don’t know my child like I do,” said state Sen. Bill Gannon, R-Sandown. “I’m the one responsible for them. The child doesn’t have capacity on his own to give up whether or not he’s going to get certain medical treatment. I want to know what’s going on in my kid’s life.”

“So, there are a lot of cases where things are going on in a school system, and the parents are never informed, and this will allow for notification to the parents, and there’s a long list of things that would be notified – everything from bullying to failing grades,” said JR Hoell, treasurer of Rebuild NH, a group that organized around opposing COVID-19 vaccine mandates.

LGBTQ+ advocacy groups and ally lawmakers decry the measure WMUR reported:

Opponents are blasting the bill, saying it would mean that if a student joins a specific club or confides in an adviser or teacher, schools would then inform parents, essentially outing gay, lesbian and transgender students.

“This bill is antithetical to all the work we have done in the state to ensure that individuals in the LGBT community can live a life free from discrimination,” said state Sen. Becky Whitley, D-Hopkinton.

“It’s totally inappropriate for school officials to take on the role of outing students to their families, and coming out should always be an intimate moment within a family, not a clumsy event,” said Chris Erchull, of GLBTQ Legal Advocates & Defenders.

Last December a diverse group of educators, advocacy groups, and law firms filed a federal lawsuit challenging a New Hampshire classroom censorship law, contained within state budget bill HB2, which discourages public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity in the classroom.

“This unconstitutionally vague law disallows students from receiving the inclusive, complete education they deserve, and from having important conversations on race, gender, disability, sexual orientation, and gender identity in the classroom,” said Gilles Bissonnette, Legal Director of the ACLU of New Hampshire at the time of the lawsuit. “It is an attack on educators who are simply doing their job. Just four months into the school year, teachers are reporting being afraid to teach under this law for fear of being taken to court. This law, through vagueness and fear, erases the legacy of discrimination and lived experiences of Black and Brown people, women and girls, LGBTQ+ people, and people with disabilities.”

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The White House

White House condemns Oklahoma ban on abortions starting at fertilization

“Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned”

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White House Press Secretary Karine Jean-Pierre (Screenshot/NBC News)

WASHINGTON – White House Press Secretary Karine Jean-Pierre issued a statement Thursday night condemning the Oklahoma Abortion Bill passed earlier in the day banning nearly all abortions starting at fertilization, which would make it the nation’s strictest abortion law.

The New York Times noted that the bill is modeled on one that took effect in Texas in September, which has relied on civilian instead of criminal enforcement to work around court challenges. But it goes further than the Texas law, which bans abortions after about six weeks of pregnancy.

“The President believes that women have the fundamental right to make their own reproductive health choices. Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned.  Today’s action by the Oklahoma legislature is the most extreme effort to undo these fundamental rights we have seen to date.  In addition, it adopts Texas’ absurd plan to allow private citizens to sue their neighbors for providing reproductive health care and helping women to exercise their constitutional rights,” Jean-Pierre said.

“This is part of a growing effort by ultra MAGA officials across the country to roll back the freedoms we should not take for granted in this country.  They are starting with reproductive rights, but the American people need to know that other fundamental rights, including the right to contraception and marriage equality, are at risk.  The President is committed to standing up for these constitutional rights, and for protecting Americans’ fundamental freedoms,” she added.

The bill subjects abortion providers and anyone who “aids or abets” an abortion to civil suits from private individuals. It would take effect immediately upon signature by Republican Governor Kevin Stitt, who has pledged to make Oklahoma the most anti-abortion in the nation.

Oklahoma One Step Closer To Banning Abortions At Conception:

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