Complaint: LGBT immigrants abused, neglected at detention centers run by Homeland Security

The National Immigration Justice Center has filed civil rights complaints on behalf of 13 LGBT immigrants who were allegedly abused and neglected at detention centers run by the U.S. Department of Homeland Security in nine states, including one in Houston. The Heartland Alliance’s NIJC filed the complaints today in a letter addressed to Homeland Security’s Office for Civil Rights and Civil Liberties, calling on the department to investigate and implement new policies.

The group has also launched a petition calling on the DHS and President Barack Obama to end the abuse of LGBT immigrants in detention.

The 13 complaints include allegations of sexual assault, denial of adequate medical care, long-term solitary confinement, discrimination and abuse, and ineffective complaints and appeals process. Below are a few examples from the letter, which you can download in its entirety here:

• [Juan] was sexually assaulted by two other detainees. Despite repeated requests for a transfer to another facility because he feared for his safety [Juan] was not transferred until three months after the incident, when ICE Headquarters intervened. In the meantime, the only “protection” that the Otero County Detention Center offered was placement in the “hole.” (Otero County Detention Center, New Mexico)

• [Delfino] was held in segregation for four months, justifying their decision on the basis that [Delfino] presented “effeminately.” Facility staff refused to provide [Delfino] a Bible and permitted him only one hour of recreation – in a cold nine- by-thirteen-foot cell – per day. (Houston Processing Center, Texas)

• [Monica] continues to be denied hormone therapy, despite her use of hormones for ten years prior to immigration detention, and her physical and psychological reliance on them. [Monica], now detained for over five months, told NIJC staff, “I can’t even look at myself in the mirror anymore,” due to returning facial and body hair and other distressing changes. [Monica], an asylum seeker who has suffered grave past abuse in Mexico, also received no treatment for her trauma- related depression. She attempted suicide in February 2011 – the facility put her in solitary confinement as punishment. (Santa Ana City Jail, California)

• [Alexis] was repeatedly called a “faggot” by guards, who also made jokes about her dying of AIDS. They singled her out for public searches in which they forced her to remove her outer clothing and mocked her exposed breasts. (Theo Lacy Facility, California)

—  John Wright

Gay couple separated by immigration law as one fights cancer; congressman won’t help

Aurelio Tolentino, left, and his partner, Roi Whaley

Roi Whaley and Aurelio Tolentino, both HIV-positive, met in 2004 through a support group for people living with AIDS. Roi is a native of Gulfport, Miss., and Tolentino, a registered nurse, had come to the U.S. on a work visa from his home in the Philipines.

Then, during the process of applying for his green card, authorities discovered Tolentino’s HIV-positive status, and immigration officials informed him he would have to leave the country. That was back in 2006, before President Barack Obama rescinded the policy prohibiting HIV-positive people from entering the U.S., either as immigrants or tourists.

Tolentino wasn’t too keen on going back to the Philipines. For one thing, it would mean leaving his partner, Whaley. On top of that, he had already been attacked and beaten for being gay in his home country, and if he were to return, it would likely happen again.

So Tolentino applied for asylum in the U.S. That application was denied because he had been in this country already for more than a year, and U.S. policy says anyone seeking asylum must apply within one year of entering the country.

Left with no other option, Tolention moved to Canada to live with his mother, who already has legal status as a permanent resident. He applied for asylum there and, once again, was denied. Now he may have no other choice than to return to the Philipines where he would possibly face harassment, violence and even death.

To make matters, Whaley was recently diagnosed with terminal cancer. He left for Seattle on Friday, Sept. 3, for a visit to his oncologist, after which he planned to fly on to Canada to spend the month of September with Tolentino and his mother. It will likely be the last time the partners see each other, since Tolentino faces deportation to the Phillipines, and Whaley’s deteriorating health rules out the possibility of him visiting Tolentino there.

There is one hope: a plea to the Department of Homeland Security to grant Tolentino a humanitarian parole that would allow him to return to the U.S temporarily to be with his dying partner. But that’s not likely to happen, either, especially without intervention from Whaley’s congressman, Rep. Gene Taylor, a Democrat from Bay St. Louis, Miss.

With the help of Immigration Equality, based in Washington, D.C., Whaley and Tolentino have already asked once for Taylor’s help. An aide in Taylor’s office told Whaley no, the congressman wasn’t going to intervene. And Taylor’s office has failed so far to even return calls from Immigration Equality.

But Steve Ralls, director of communications for Immigration Equality, said Friday that neither the couple nor Immigration Equality is ready to give up yet. They are asking for the public’s help in lobbying Congressman Taylor to intervene and get Homeland Security to grant the humanitarian parole that will let Whaley spend his final days with the man he loves.

“Were Roi and Aurelio a married heterosexual couple, Roi would be eligible to apply to sponsor Aurelio for residency in the United States. Because they are a gay couple, however, that option is not open to them,” Ralls said in a press release sent out Friday. “Now, with Roi’s health deteriorating and Aurelio facing a move to the Philipines — where it would be nearly impossible for Roi to travel and be with him — the couple face impending separation. They are one of 36,000 such couples, according to an analysis of the 2000 Census data, facing this kind of situation.

“Despite having followed every immigration rule and voluntarily leaving the U.S. when immigration asked him to do so, Aurelio is now being punished under the law for following the law,” Ralls said.

If you want to help Immigration Equality fight for Roi and Aurelio, or if you are yourself part of an international same-sex couple trying to negotiate immigration law, contact the organization at 202-347-7007.

If you want to contact Congressman Taylor and encourage him to intervene on behalf of this couple, go to his website here to find addresses and phone numbers for his office in Washington, D.C., and all five of his offices in his district.

—  admin

What price diversity?

Arizona law highlights the level of fear, anger surrounding immigration. But can we survive without the diversity immigrants bring?

Diane Holbert Special Contributor

The immigration debate is a sign of how difficult it is for us to live in diversity. The Arizona government recently ruled that city police forces must ask for proper documentation of citizenship if they have reason to believe that those they are stopping or arresting have no papers for being in that state legally.

The federal government and several Arizona city police forces have sued the state over the law.

So what is Arizona afraid of?

Some say a limited amount of space, others say a limited amount of resources/jobs, and others claim that continuing to keep the status quo will bring in more crime.

Yet many people think this Arizona rule is racist. I believe it may be all four reasons, but today I am most concerned about profiling, discrimination, racism — essentially, the fear of diversity.

The U.S. is currently attempting the greatest experiment in diversity in the history of the world. We’re asking an enormous amount of ourselves to live in such diversity.

Our country is growing rich, not poor, in diversity: Hindus and Muslims, gays and straights, Protestants and Catholics, Russians and Vietnamese.

The list shows our wealth as a nation.

I have a friend who hired an undocumented worker several years ago. For “Pedro,” being hired by my friend meant he could send money to his family back in Mexico on a regular basis. He also knew that the longer he stayed to work with my friend, the higher was his risk of being caught.

It has now been four years since he has seen his family. He knows that if he returns home, he will probably never be able to come back to the place where he is making a steady wage.

Pedro is a reliable man who works diligently.

My heart says to welcome the stranger, like Pedro, and to be unafraid of what he brings to us. I welcome diversity and its wealth.
But my head says that it’s important to be a nation of order. So, what to do? How do we live in profound diversity?

There needs to be a clear pathway to citizenship for all people who are willing to contribute to our society. We need to be able to tax all workers to broaden the base of our infrastructure. Increased attempts to police the border will be no more successful than “The War on Drugs.”

We must honor and respect all persons among us and offer channels to become partners with us.

The way we deal with the question of immigration will say a great deal about our commitment to diversity or our rejection of it.

Diana Holbert is senior pastor of Grace United Methodist Church in Dallas.

This article appeared in the Dallas Voice print edition July 23, 2010.

—  Michael Stephens