Miguel is an HIV+ gay man from Colombia who has been in relationship with a disabled U.S. citizen for four years. From a young age, Miguel, now 27, suffered from constant physical and sexual abuse at the hands of his family and schoolmates because of his effeminate appearance. Even worse, Miguel was targeted by the Colombian police because of his appearance and behavior, and was arrested, beaten, tortured and even raped on numerous occasions. Severely traumatized and fleeing for his life, Miguel managed to make it to New York City, where he hoped he could live openly and without fear.

While in New York, Miguel met and fell in love with his partner George, an U.S. citizen. Today, Miguel and his partner face some tough choices. Miguel tested HIV+ 2 years ago, which means he can’t obtain a green card unless he has a "qualifying family member" who is a US citizen or permanent resident. Despite their committed relationship, George doesn’t qualify as a "family member" because same-sex relationships are not recognized for immigration purposes. The only option Miguel has is to apply for asylum based on sexual orientation or HIV status. To do this, Miguel must find a sympathetic immigration attorney who can help him convince often-homophobic asylum officers and immigration judges to grant him asylum. If this attempt fails, he and George will be torn apart and Miguel will be deported back to Colombia where he faces further torture and persecution.

Since 1994, people like Miguel have been able to find help through the Lesbian and Gay Immigration Rights Task Force (LGIRTF), the only organization in the United States whose primary purpose is to assist LGBT and HIV+ immigrants.

WHO WE ARE

The Lesbian and Gay Immigration Rights Task Force is a nonprofit organization that addresses the widespread discriminatory impact of immigration laws on the lives of lesbians, gay, bisexual, transgendered (LGBT) and HIV positive people through education, outreach, advocacy and the maintenance of a nationwide resource and support network. LGIRTF was founded in 1994 in response to a growing demand for LGBT- and HIV-specific immigration information, assistance and advocacy.

Miguel’s case illustrates many of the wide range of issues faced by LGIRTF’s diverse constituency, which include:

Discrimination Against Bi-national Same-Sex Couples

Under current immigration law, U.S. citizens and permanent residents cannot sponsor their same-sex partners for immigration to the United States, no matter how long they have been together or how committed their relationships. LGIRTF seeks to end this discrimination by supporting passage of the Permanent Partners Immigration Act (H.R. 690), a bill that amends U.S. immigration law to recognize same-sex relationships for immigration purposes.

Challenges Faced by LGBT Asylum Seekers

In many countries, LGBT people are persecuted because of their sexual orientation. Many of these individuals are eligible to apply for asylum in the United States, but face significant obstacles such as a one-year filing deadline and inability to obtain legal representation. Additionally, asylum seekers without proper immigration documents or valid immigration status are often placed in INS detention centers, where they routinely face harassment and occasionally abuse by guards and inmates LGIRTF assists asylum seekers through its various pro bono programs.

Immigration Discrimination Against People with HIV/AIDS

U.S. immigration law bans all HIV+ persons from entering or immigrating to the United States, with very few exceptions. Many immigrants with HIV are subjected to severe persecution in their home countries because of their HIV status. LGIRTF assists HIV+ people with asylum claims, and educates attorneys about HIV-related immigration issues.

LGIRTF’S PROGRAMS AND SERVICES

Phone and Email Hotline: Contact LGIRTF from anywhere in the world at 212-714-2904 / info@lgirtf.org for information about LGBT and HIV-related immigration issues, and to get the names of gay-friendly immigration attorneys throughout the United States.

LGIRTF Chapters: LGIRTF has volunter-run chapters in 18 cities throughout the U.S. Many chapters also regularly hold free immigration legal clinics, where participants can have private and confidential consultations with an immigration attorney.

Asylum Pro Bono Program: LGIRTF secures free or low-cost attorneys to represent eligible sexual orientation- and HIV-based asylum seekers throughout the U.S. LGIRTF attorneys also provide direct legal representation to asylum seekers.

Detention Program: LGIRTF assists LGBT and HIV+ immigrants in INS detention centers by securing pro bono representation for them, as well as intervening in certain cases to obtain their release. LGIRTF also advocates with the INS to improve the deplorable treatment of LGBT and HIV+ immigrants in INS custody.

Education and Advocacy: LGIRTF maintains a comprehensive education and advocacy program about LGBT and HIV-related immigration issues, which includes conducting trainings for asylum officers and immigration judges, authoring comments and raising concerns about the impact of changes in immigration laws, and coordinating grassroots efforts to pass the Permanent Partners Immigration Act.

Get Involved! Ways To Contribute…

1. Visit your member of Congress:

Congressman Jerrold Nadler (D-NY) introduced the Permanent Partners Immigration Act of 2000 on February 14, 2000. The bill would provide same-sex partners all the immigration rights that legal spouses currently enjoy. Let members of Congress know how the current law impacts their constituents. Don’t wait for the law to change on its own; demand change from those who have the power to make it.

2. Write a letter to your member of Congress:

Send a letter to your Senator or Representative with a request that s/he support an end to discrimination against lesbians and gay men in immigration law? If you want to know how others have approached such letters, contact LGIRTF and we can send you example epistles. Once you’ve written a personal letter, all you need to do is change a few words in order to ...

3. Turn it into an Op-Ed piece:

Change your letter’s "Dear ---" into a thesis statement and its "Sincerely---" into a conclusion, and you’ve got a powerful editorial which, if published in a local newspaper, will reach a lot more potential supporters than just your member of Congress. Call LGIRTF if you would like assistance drafting your piece.

4. Start a new chapter:

LGIRTF chapters exist in Boston, Chicago, Los Angeles, New York, Portland, San Francisco, Seattle and Washington, DC. If you do not live near any of the eight chapter cities, contact the Headquarters office and request a Chapter Start-Up Kit that can provide guidance and assistance for the process. LGIRTF can also help by contacting our members and LGBT organizations in your area and informing them that a chapter is being formed near them. Each LGIRTF chapter began in this way as a small local support network.

5. Paper your neighborhood:

Why not take a stack of LGIRTF brochures with you and leave them in bars, bookstores, cafes, community centers, or anywhere else in your neighborhood where someone who might need the information they contain would be likely to find them.

6. Circulate the petition:

Everyone who signs the petition will have learned about the issue by having read it, and having spoken to you. Stand on street corners with clipboards in gay neighborhoods, or set up a petition table at a local fair, or make it a personal commitment to gather signatures from among your friends, acquaintances and co-workers. You can obtain copies of the petition by calling LGIRTF, and can send signed petitions you collect back to the National Headquarters office.

7. Organize a rally:

Grab a megaphone, invent a couple of catchy chants, make few signs, call a few reporters, pick a symbolic (or at least conspicuous) location and you’re in business. If you want to pick the brain of the person who successfully organized the rally in New York last February, call the LGIRTF Headquarters office.

For more information, visit the LGIRTF website at www.lgirtf.org or contact our national headquarters office:

Phone: 212-714-2904 Fax: 212-714-2973 Email: info@lgirtf.org Web: www.lgirtf.org

Please visit www.lgirtf.org/chapters.html to get in touch with the chapter nearest you.

This document was last modified on September 12, 2002.

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