by Glenn Magpantay, Executive Director NQAPIA
LGBT Asians/ South Asians Blast Federal Court Ruling Upholding Anti-Immigrant/ Anti-Sanctuary City Law in Texas SB4
For Shame! Tuesday March 12, the U.S. Court of Appeals for the Fifth Circuit issued a decision upholding Texas’s anti-immigrant/ anti-sanctuary city law (SB4). The law is one of the harshest anti-immigrant state laws passed since Trump took office. Several Texas cities including Dallas, Houston, Austin and San Antonio filed a lawsuit, in City of El Cenizo v. Texas, to block the implementation. The National Queer Asian Pacific Islander Alliance along with LGBT Asian groups and allies in Texas submitted an amicus (“friend of the court”) brief to illustrate the severe impacts the law would have on LGBT Texans, Asian Americans, and immigrants.
In the decision to up hold SB4, the court unanimously affirmed nearly all of the provisions of the law.
Texans Speak Out: KhushATX a South Asian LGBT group in Austin; OCA Greater Houston Chapter, a non-LGBT Asian American/ Pacific Islander ally; The Collective of Houston Asian Americans (CHAA); Dragonflies of Dallas and the National Queer Asian Pacific Islander Alliance (NQAPIA) had argued in our brief that SB 4 would promote racial profiling of immigrants. And that it would subject Asian Americans, LGBT people, Black immigrants, and Latinos to illegal profiling about their immigration status by local law enforcement. We are outraged by this decision!
Asian Americans are the fastest growing immigrant group in Texas. It is growing at twice the rate of the Hispanic population. Large metro areas like Dallas and Houston are experiencing particularly rapid growth of Asian American communities, each with a significant number of undocumented Asian American immigrants.
As well, Asian Americans, both documented and undocumented, are the largest group of immigrants coming to the United States. Undocumented LGBTQI immigrants are disproportionately Asian. SB 4 would subject Latinx, Asian Americans, Muslims, and LGBT people, already ethnic, racial, religious, gender and/or sexual minorities, to even further harassment through discriminatory stops and unlimited questioning by police, regardless of actual immigration status.
A disproportionate number of the LGBT undocumented immigrant community is Asian American or South Asian. The impact of SB4 is compounded for those who are also LGBT. This law will subject LGBT immigrants to increased harassment and detention. Studies show that federal immigration authorities already use their discretion to routinely target and detain LGBT individuals. Moreover, many LGBT immigrants come from countries that criminalize homosexuality. SB4 increases the likelihood that they could be forced to return to countries where they would face unfair criminal persecution. **
We have seen this before: The parallels between today’s immigration struggles and the history of Asians people in America run deep. Asian Americans have long endured unjust profiling by law enforcement.
The Chinese Exclusion Act of 1882, made permanent in 1902, was the first law ever enacted to permanently exclude a specific ethnic group from immigrating to the United States. It also excluded Chinese immigrants from applying for US citizenship and essentially legalized racial discrimination. The Japanese American internment during World War II stemmed more from racism and prejudice than from an analysis of security threats. The traumatic experiences and memories of internment continue to shape the fabric of Japanese and Asian American consciousness today. Texas was home to three of those internment camps.
Our South Asian community members have faced intensified scrutiny and profiling since 9/11 and increasingly since the election of Trump. These encounters, interrogations and attacks are often motivated by blanket perceptions of all South Asian people as dangerous Muslims. Every day, profiling occurs at airports, on public streets, in gated communities, on the subway.
As Asian Americans, we take a stand against Texas Senate Bill 4, because our collective histories tell us we must! Do not doubt it, this week’s decision will be appealed. Local and national organizations signed on to our amicus brief will be actively involved in that suit.
We will fight this all the way to the U.S. Supreme Court. Every Texan, every American, who believes in fairness and compassion should support this effort.
How is this law “harsh?” I conveys no new authority upon a Texas peace officer. The law simply says local governments, all jurisdictions of the State, cannot adopt policies which restrict cooperation with the Federal government in enforcing existing law. That is very simple and enacts nothing anti-immigrant (though I think you mean illegal immigrant) that is not already part of federal law.
In the U.S Illegally get deported! The law is not anti Immigrant it is Anti Illegal Aliens that DO NOT HAVE A RIGHT TO BE IN THE U. S nor Texas ! If illegals want Sanctuary they should go home ! Illegals made a choice to overstay their Visas or break in to the U.S Illegally , the U.S has laws that state Illegal Aliens will be deported and enforcing those laws . The U.S like other countries have the right to restrict immigrants as well. Texas SB4 law has been settled you don’t get to break into the U.S then demand you stay !
They aren’t immigrants they are illegals
Shame on YOU Grindr! While I am a gay man, I have seen how the gay community is a bunch of hating, mean hypocrites. Laws are for a reason! Our boarders should have been secured 60+ years ago just like any other civilized country. How many strangers crossing the boarder have YOU taken into YOUR homes?? ZERO.
Screw all these bigoted racist comments! Thank you Grindr for thinking of those that are being affected by this racist law. If people were better informed, they would see that it isn’t so black and white. I know so many people and their stories and I stand with them. Just… thank you.
I didn’t know illegal immigrant was a race.
You know, I was considering becoming a supporter and getting involved with the LGBTQ community. But after ready this, I most definitely am reconsidering that move. When are you people ever going to stand up for our nation and say enough is enough ? Why don’t you instead, focus your efforts in getting community organizations like yourself set up in those counties where homosexuality is considered illegal and fight those laws to get them changed..?? Oh that’s right, because those other counties don’t put up with the crap that our nation has to deal with on a daily bases. Don’t you think these people that are coming here ILLEGALLY want to stey in their homelands. Help them change the laws there and support our own laws here that are in place to help protect us. I will always put OUR nation well-being first.
I fail to see the point of this article. Illegal is illegal. When did illegal become legal? Immigration is wonderful if done according to the law of the land. Want to change something? Change laws don’t circumvent them. And this “sanctuary city” argument doesn’t hold up. I am an immigrant who followed the laws. I love this country and I know the difference between bad governance and good governance. Arguing against Texas makes no sense. Find another cause.
“Give me your tired, your poor, your huddled masses yearning to breathe free.” And your gay peoples of every frocking alphabet letter
I’m a LEGAL gay Latino immigrant, and there’s nothing “racist” about supporting LEGAL immigration and being against ILLEGAL immigration, or what? Do you allow just anybody into your house? I mean, I know some of your are disgusting like that. Shame on Grindr for pushing this vile, Marxist, anti American agenda! You are turning the gay community into George Soros’ puppets and Satan’s little helpers!
As far as i know this nation belongs to native americans and since they let u stay here u shousk try to pretend u are americans. America is awhike continent and belong to the natives that wet killed. Unless u native american like my ancestors, bo one really can atay here and u should be all ashamed of saying ebough is enough. That was 500 years ago America! Immigration bring workers That should be here anyways, mexicans have the native blood that most u dont. But the way im white, boack and native american mix. If wasnt the word conecting and barriers being broken, i wouldnt be born or planted about 200 fruit trees in houston.
Grindr congrats on thinking on others.