Welcome to the legal and asylum-focused blog.

 

For all the latest in our fight for equality for our families on Capitol Hill — including news, action updates, and our Voices for Equality blog — visit the Immigration Equality Action Fund.

Each season Immigration Equality offices welcome interns, legal fellows, and volunteers. Beginning this week, we will be introducing you to some of them with 20 questions. Want to work with us? Find out more here.

 

Name: Clement Lee
Age: 27
School/Major/Year: Cardozo School of Law/Immigration Law/3L
Position: Legal Intern
Office: New York Headquarters

 

In one sentence, what do you do all day?

 

This summer, I’ve been working closely with the rest of the legal team in doing client intake, putting together client asylum applications and declarations, conducting practice mock interviews with clients, and Spanish-language interpreting for clients during their asylum interviews.

 

How is that going?

 

“Two Thumbs Up!” say Ebert and Roeper.

 

What are you hoping to accomplish while here?

 

Learn more immigration law! I’m hoping to get as much time as possible working with the legal team on tackling our clients’ immigration issues. During the school year, duking it out with the Immigration and Nationality Act and the Code of Federal Regulations with hypothetical situations is pedagogically interesting, but it doesn’t quite hold a candle to dealing with real people and legal problems in the flesh.

 

I’m also excited to catch a glimpse of some passionate practitioners as they advocate for a segment of the LGBTQQIA community less able to protect themselves through traditional political processes because of their immigration status. Contemporary Queer activism has made great strides toward civil equality, and I feel that ImEq works to make sure that those efforts are fully inclusive. To that end, I’m thrilled to play whatever small role I can at ImEq.

 

Where are you from?

 

I was born here in New York City, spent my ’tween and teen years in Livingston, NJ, my college years in Providence, RI, and my post-adolescent idealistic phase (read: pre-law-school) in Williamsburg, Brooklyn. I currently live in the Lower East Side.

 

Who did you root for in the World Cup?

 

“Waka Waka (This Time for Africa)” by Shakira, Official song for the 2010 FIFA World Cup.

 

What do you like most about New York?

 

Having my $2.25 times table memorized for MetroCard purposes, the flat geography of Manhattan that makes it ideal for bike-riding, the abundance of theme restaurants, and the fact that traffic jams and parallel parking are too much of an infrequent novelty to actually be annoying.

 

The least?

 

The entirety of the 34th Street/Herald Square/Manhattan Mall complex and the pseudo-European plaza there with chairs and tables nestled right next to the DMV.

 

What neighborhood are you living in?

 

Lower East Side

 

Any suggestions for interns trying to live in New York?

 

The trains secretly follow a timetable that you can pick up at any MTA booth, which is a particularly useful tool late at night.

 

What do you do in your free time?

 

I like to ride my folding bike, read non-fiction, dance to top 40, watch dystopian movies and documentaries, beachcomb, and think about what makes people tick.

 

What are you currently reading?

 

Among the books I’ve enjoyed this summer are, The Autobiography of Malcolm X (mystifyingly by Alex Haley); Don’t Sleep; There are Snakes (about a linguistic anthropologist’s travails with the Piraha tribe in Brazil); and Somewhere Inside (Lisa Ling and Laura Ling’s account of Laura’s captivity in North Korea). I’m currently reading Eating the Dinosaur by Chuck Klosterman, who does an excellent expository piece about how David Koresh is like Kurt Cobain, and how Beyonce’s alter-ego “Sasha Fierce” paradoxically emphasizes how ordinary she is. Genius.

 

Favorite TV show?

 

Intervention

 

If you had one superpower what would it be?

 

To keep a cache of really red-letter days, rewind them like they were a VHS tape, and re-live them like Bill Murray in Groundhog Day.

 

What's the most surprising part of your internship?

 

I had visited immigration detention centers before with my legal clinic at school, but I had never visited one where the government detained women. One of my first “field trips” with ImEq involved going to the Elizabeth Detention Center in New Jersey, where they do detain women. There, I saw a bulletin board with photos of detained women in brightly colored jumpsuits playing Connect-Four and having a Christmas party. Seeing detained immigrants trying to maintain a semblance of ordinary life in spite of bars and handcuffs was half heartening and half macabre.

 

What's the hardest part?

 

The regular leaps of faith I take that United States Citizenship and Immigration Services really DID receive that fax.

 

What's your interest in immigration rights?

 

I’ve always been a little personally mystified by a paradox in modern American civil rights rhetoric. There’s a near-universal consensus that the color of a person’s skin is an immutable characteristic that should serve as no basis to deprive someone equal protection under the law; but somehow, it’s okay for U.S. policy to systematically discriminate and exclude people based primarily on their place of birth, the most immutable characteristic of them all. I’m interested in playing a role in addressing that disparity.

 

How did you learn about Immigration Equality?

 

During my internship at Lambda Legal last summer, I’d regularly direct callers to Immigration Equality. The more I learned about the organization, the more intrigued I got.

 

Are you at immigration Equality just for the summer?

 

I’m on board the rest of the summer, and I’m excited to continue my internship part-time through the coming semester!

 

To whom would you recommend an Immigration Equality internship?

 

To anyone who shares my concern that true “equality” for the Queer community extends beyond the struggle for same-sex marriage.

 

What are you planning next after your time with us?

 

My last year of law school, and hopefully passing the New York State Bar!

Yesterday the 9th Circuit Court of Appeals issued a stay in the Proposition 8 challenge case. That means that although Judge Walker’s order stated that same sex marriages could resume in California later this week, couples must now wait until the case is heard by the 9th Circuit. The Court ordered an expedited briefing schedule, with all briefs due before the end of the year.

 

Even if Californians had been permitted to begin marrying again, these state-recognized marriages would not have helped binational couples with immigration applications in the short run. We still need UAFA to pass or DOMA to be overturned to win federal immigration rights.

Today Judge Vaughn issued an order that will lift the stay on the Proposition 8 decision, effective August 18, 2010 at 5:00 PDT. Effectively, that would allow same sex couples to resume marrying in California next Thursday. It is possible, however, that an appeal will be filed within the week and that the 9th Circuit could allow the stay to remain in effect until it hears the case.

 

As we’ve said before, this is a huge step forward for LGBT rights, but, even if California does again issue marriage licenses next week, there will not be an immediate benefit for same sex binational couples. Because the federal Defense of Marriage Act defines marriage as only the union between one man and one woman for federal benefits (including immigration) state-recognized marriages do not solve immigration issues. If you are contemplating getting married and unsure of how it might affect your immigration status, please email our legal department directly.

In another great victory for LGBT people, Federal District Court Judge Vaughn Walker ruled today that California’s ban on same sex marriages violates the federal constitution.

 

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”

 

These are strong words coming from a federal judge and another clear sign that history is on our side. There is no question that this case will be appealed, first to the 9th Circuit, and then to the U.S. Supreme Court, and the decision will be stayed in the interim. This means that even though Judge Vaughn has found that our Constitutional rights have been violated, his decision will no into effect unless and until it is upheld by a higher court.

 

Because this is a first step in a longer legal battle, there will be no direct benefit to binational couples for now. We’re still reading and digesting the decision and will blog again shortly about its implications. For now, let’s take a moment to celebrate.

 

Immigration Equality’s executive director, Rachel Tiven, will be a guest today on NPR’s Talk of the Nation. Rachel will be speaking about Immigration Equality’s work helping LGBT asylum seekers obtain safe haven in the United States.

 

To listen in live, beginning at 3pm ET, click here.

 

UPDATE: Audio of yesterday’s segment is now available online.

Many of you have had questions about the status of the DOMA case. Just like you, we are waiting for the court to issue an order which should be happening any day now. Once the order is issued, there will be an automatic 14 day stay. We are almost certain that during that 14 day period, the government will file an appeal and we are almost certain that the stay will remain in effect during the course of the appeal. But we will keep you updated as soon as we learn of any further developments.

 

For complete information about how the Massachusetts DOMA decision affects (and doesn’t affect) immigration, please see our FAQ.

 

As part of its ongoing series Out of the Shadows, ABC News looks at the issue of LGBT people seeking asylum in the United States, and focuses specifically on the case of Mohammad Abdollahi, a young, gay Iranian man who faces deportation to a country where being gay is a punishable crime.

 

“Abdollahi, a 24 year-old Iranian who was raised in Ann Arbor, Michigan, came to the U.S. as a child when his parents immigrated to study at a state university,” the network reports. “He says he learned of his undocumented status in high school, which is also when he first began identifying as a gay man.”

 

“It wasn’t until I was 17, 18 that I began connecting the dots,” he said of his situation. “I grew up in a very Muslim family. I didn’t know what ‘gay’ meant. … I didn’t understand the gap.”

 

“Abdollahi is now facing that ‘gap’ head on,” ABC notes, “with the looming prospect of deportation to Iran where homosexuality is a capital crime. He was detained by Immigration and Customs Enforcement authorities after a protest last month, and his removal proceedings are scheduled to commence in July.”

 

“It’s not something I can imagine,” he said of the thought of returning to Iran. “It would be a very scary thing because I haven’t hidden my sexuality in talking with friends or the media.”

 

“Iran,” the report adds, “has a documented record of persecuting gays and lesbians, including by death, according to U.S. government officials and international human rights groups.”

 

“In Iran, it’s illegal to be gay,” said Hossein Alizadeh of the International Gay and Lesbian Human Rights Commission, who received U.S. asylum as a gay Iranian in 2001.

 

“Even if you’re not charged, however, you face the threat of honor killings by family members and vigilantes. The government does nothing to protect these individuals.”

 

“Rachel Tiven, executive director of Immigration Equality, which advocates for gay and lesbian asylum seekers, said the group handled more than 200 cases last year, including several from Iran,” ABC reported.

 

“We see an artificially deflated number of cases from the Middle East because the opportunity for single, Arab men to get here after 9/11 is very low,” she said. “But we do see them.”

 

“The two vectors in his case, like most glbt asylum cases, is ‘are you who you say you are, are you gay?’ and the other piece is ‘how bad is it in the country you left?’,” said Tiven.

 

To read the full ABC News report, click here.

Each season Immigration Equality offices welcome interns, legal fellows, and volunteers. Beginning this week, we will be introducing you to some of them with 20 questions. Want to work with us? Find out more here.

 

Name: Albert Chen
Age: 31
School/Major/Year: McGill Law, 2008
Position: Legal Fellow
Office: New York Headquarters

 

In one sentence, what do you do all day?

 

I answer binational couple immigration law inquiries and directly represent asylum seekers.

 

How is that going?

 

Fabulously well.

 

What are you hoping to accomplish while here?

 

I hope to help as many people as possible who are in horrible situations because of homophobia; either due to violence against the LGBT+ community abroad, or because of discriminatory immigration laws here in the United States.

 

Where are you from?

 

I was born and raised in Toronto, Canada. I have lived, studied, and/or worked in Montreal, Washington D.C., New York, and Taipei, Taiwan and feel that my experiences in all these places have shaped who I am and how I approach my work helping people from diverse backgrounds and life histories.

 

Who did you root for in the World Cup?

 

I don’t follow sports — I love to run long distance races though….

 

What do you like most about New York?

 

In New York City you can totally and 100 percent be yourself. Because of this freedom, you can meet other wonderful people who have big dreams, a lot of talent, and who are doing interesting things with their lives.

 

The least?

 

Because it’s a big city and because many people here are workaholics, it can be difficult to develop a community of close friends or to take life at a slower pace. This makes for a dynamic, but stressful environment.

 

What neighborhood are you living in?

 

Hell’s Kitchen

 

Any suggestions for interns trying to live in New York?

 

Immigration Equality couldn’t have its headquarters in a better place as the constellation of non-profit, community, and social services groups and law firms in New York City is unmatched in their range, number, and size. Not only have I been able to interact with a wide range of clients, I have also made connections in various organizations and law firms. I have a strong sense of pride at how all these groups and organizations contribute to making the world a more just place.

 

What do you do in your free time?

 

I run often with the gay running group, Front Runners New York. There’s also so many good restaurants, bars and clubs in New York that I jump at the chance to get out and meet new people. The gay culture here is diverse, sophisticated and just plain fun. I’m on my second season subscribing to the Metropolitan Opera. Finally, I like wandering and discover new neighborhoods.

 

What are you currently reading?

 

The Heart of Darkness by Joseph Conrad. I never read it in high school and I want to watch the movie Apocalypse Now, so I thought it would be good background.

 

Favorite TV show?

 

I don’t watch TV, there’s too many fun things to do in the city.

 

If you had one superpower what would it be?

 

The ability to teleport to other countries so that I can collect documents for my clients.

 

What's the most surprising part of your internship?

 

TThe most surprising part of this fellowship is the amount of responsibility I have to advocate for my clients, and for making important legal decisions that will affect their cases.

 

What's the hardest part?

 

The hardest part is making tough decisions, such as telling someone that we cannot help them.

 

What's your interest in immigration rights?

 

As the child of immigrants, I readily see the benefits of immigration. As a foreigner here in the U.S., I can also identify with the challenges that many foreign nationals here face.

 

How did you learn about Immigration Equality?

 

A friend who had worked in the non-profit sector in New York knew of Immigration Equality’s great reputation and recommended I apply since it seemed like a good fit for me.

 

Are you at immigration Equality just for the summer?

 

No, I’m here for a full year fellowship.

 

To whom would you recommend an Immigration Equality internship?

 

I would recommend working here to anyone who likes a challenge, who feels that they are ready for a lot of responsibility, and who wants to learn a lot about the real world practice of law or advocacy/lobbying.

 

What are you planning next after your time with us?

 

I will be starting work with my corporate law firm, but hope to continue working with Immigration Equality on pro bono cases.

 

This post is from Lena Shapiro, who is working with the Immigration Equality communications department this summer.

 

The Immigration Equality legal team worked, for years, for an end to the United States’ ban on travel and immigration for people living with HIV. Our attorneys helped to lead the effort to get rid of the law, which created “stigma and exclusion” and, in many cases, deterred travelers and immigrants from getting the proper medical care they needed. Late last year, those efforts proved a success, as President Obama ended the ban. The reversal was a big step forward in ending discrimination and in furthering the rights of people with HIV.

 

This month, the UNAIDS publication Outlook offers an article looking at Immigration Equality’s work on the issue. UNAIDS reports that, across the country, the new laws are providing tens of thousands living with HIV with options they’ve never had before, and taking a strenuous weight off their shoulders.

 

“Mark Taylor,” who is profiled in today’s article, is an HIV-positive Canadian man who has now received his permanent residency card. John Newman, a Canadian and a former teacher recently profiled in The New York Times, was forced to leave the US when he found out he had HIV. With the new policy, he can return now, too.

 

As Outlook also reports, it’s not only the US taking strides in the right direction—China too recently repealed their travel bans on those living with HIV. In South Africa, rules limiting the work of HIV-positive military members were defined as “unconstitutional.” And while there have been great leaps towards equality, fifty-one countries’ restrictions on the travel and stay of those with HIV still remain in effect.

 

Even within the victories of the last year, there’s still work left to do. Yet it’s undeniably heartening to hear stories like the ones told in by UNAIDS today.

 

To read the full report, just click here; the article begins on page 106.

 

Additional questions or concerns? Our legal team has put together a pamphlet, which is also available online.