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"content": "\u003cp>Immigrant advocates and law professors in the Bay Area are urging the Biden administration to immediately revoke Trump-era restrictions on asylum that they say have led the U.S. to send back to danger thousands of immigrant women and families fleeing domestic violence or gang brutality.\u003c/p>\n\u003cp>Within weeks of taking office, President Biden \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/#:~:text=Briefing%20Room-,Executive%20Order%20on%20Creating%20a%20Comprehensive%20Regional%20Framework%20to%20Address,at%20the%20United%20States%20Border\" target=\"_blank\" rel=\"noopener noreferrer\">ordered\u003c/a> the U.S. attorney general and the Homeland Security secretary to take steps to review and restore an asylum system he said was “badly damaged” by policies under the Trump administration. But the agencies are not expected to issue regulations related to victims of domestic and gang violence until late summer or fall.\u003c/p>\n\u003cp>In the meantime, the U.S. attorney general, who oversees immigration courts, should vacate orders by his Trump-era predecessors that dramatically limited who was eligible for asylum protection, said Karen Musalo, director of the Center for Gender and Refugee Studies at UC Hastings in San Francisco. [pullquote size=\"medium\" align=\"right\" citation=\"Blanca, an advocate with Mujeres Unidas y Activas\"]‘The government has the responsibility to protect our lives even when the aggressor is our spouse … To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.’[/pullquote]\u003c/p>\n\u003cp>“People’s fates are in the balance,” said Musalo, a law professor. “Every day that these decisions remain in place means that individuals who have deserving claims for protection and whose lives are really at risk are being denied and sent back to the countries they fled.”\u003c/p>\n\u003cp>In a \u003ca href=\"https://cgrs.uchastings.edu/sites/default/files/Request%20for%20Vacatur%20of%20AB%20ACAA%20LEA_2021.04.13.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter\u003c/a> this month to Attorney General Merrick Garland, Musalo and attorneys with other litigation and advocacy organizations requested he use his authority to get rid of five Trump policies, including one by then-Attorney General Jeff Sessions that reversed a 2014 precedent establishing that women fleeing domestic violence could qualify for asylum.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Department of Justice did not return KQED’s requests for comment.\u003c/p>\n\u003cp>An immigration judge may grant asylum to people with a well-founded fear of persecution in their home countries because of their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>In 2018, Sessions rejected the claim of a Salvadoran mother of three who had suffered nearly 15 years of physical and sexual violence at the hands of her ex-husband. The woman, known in court documents as A.B., was represented by Musalo.\u003c/p>\n\u003cp>In his Matter of A-B- \u003ca href=\"https://www.justice.gov/eoir/page/file/1070866/download\" target=\"_blank\" rel=\"noopener noreferrer\">decision\u003c/a>, Sessions concluded that domestic violence is a private or personal crime, not a form of persecution deserving of asylum on account of membership in a particular group.\u003c/p>\n\u003cp>But there is overwhelming evidence that domestic violence is rooted in the subordination of women by men and caused by a society’s gender conditioning, said Nancy Lemon, a UC Berkeley law professor who wrote the textbook “Domestic Violence Law.” She called the Matter of A-B- ruling “an affront to women’s rights.” [aside tag=\"domestic-abuse, asylum\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>“Former Attorney General Sessions’ view of domestic violence is not only incredibly antiquated and dangerous, it also absolves government of any role in addressing the problem,” said Lemon during a call with reporters. “This sort of backwards rhetoric is very harmful and has set back many decades of progress in women’s rights at home and abroad.”\u003c/p>\n\u003cp>Applicants often face a very difficult road to win asylum, especially if they lack legal counsel, and the share of denials significantly increased during the Trump administration. Judges nationwide denied nearly 55% of asylum claims in 2016, the last year of the Obama administration, but the rate of denials climbed to 72% in 2020, according to \u003ca href=\"https://trac.syr.edu/immigration/reports/630/\" target=\"_blank\" rel=\"noopener noreferrer\">figures\u003c/a> compiled by researchers at Syracuse University.\u003c/p>\n\u003cp>A Bay Area woman named Blanca, who won asylum in the U.S. and asked for her last name to be withheld, spoke at a press conference Tuesday, calling on the Biden administration to reverse the Matter of A-B- ruling and other asylum restrictions. She said she fled severe beatings and emotional abuse by the father of her three children in Guatemala after the local police and government failed to enforce a restraining order or help protect her and her kids.\u003c/p>\n\u003cp>Now, Blanca has become an advocate with the Bay Area nonprofit Mujeres Unidas y Activas, speaking up for other women and children who, she said, deserve similar protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Domestic violence is not a private matter, as Jeff Sessions said in 2018,” said Blanca, in Spanish. “The government has the responsibility to protect our lives even when the aggressor is our spouse … To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Department of Justice did not return KQED’s requests for comment.\u003c/p>\n\u003cp>An immigration judge may grant asylum to people with a well-founded fear of persecution in their home countries because of their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>In 2018, Sessions rejected the claim of a Salvadoran mother of three who had suffered nearly 15 years of physical and sexual violence at the hands of her ex-husband. The woman, known in court documents as A.B., was represented by Musalo.\u003c/p>\n\u003cp>In his Matter of A-B- \u003ca href=\"https://www.justice.gov/eoir/page/file/1070866/download\" target=\"_blank\" rel=\"noopener noreferrer\">decision\u003c/a>, Sessions concluded that domestic violence is a private or personal crime, not a form of persecution deserving of asylum on account of membership in a particular group.\u003c/p>\n\u003cp>But there is overwhelming evidence that domestic violence is rooted in the subordination of women by men and caused by a society’s gender conditioning, said Nancy Lemon, a UC Berkeley law professor who wrote the textbook “Domestic Violence Law.” She called the Matter of A-B- ruling “an affront to women’s rights.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Former Attorney General Sessions’ view of domestic violence is not only incredibly antiquated and dangerous, it also absolves government of any role in addressing the problem,” said Lemon during a call with reporters. “This sort of backwards rhetoric is very harmful and has set back many decades of progress in women’s rights at home and abroad.”\u003c/p>\n\u003cp>Applicants often face a very difficult road to win asylum, especially if they lack legal counsel, and the share of denials significantly increased during the Trump administration. Judges nationwide denied nearly 55% of asylum claims in 2016, the last year of the Obama administration, but the rate of denials climbed to 72% in 2020, according to \u003ca href=\"https://trac.syr.edu/immigration/reports/630/\" target=\"_blank\" rel=\"noopener noreferrer\">figures\u003c/a> compiled by researchers at Syracuse University.\u003c/p>\n\u003cp>A Bay Area woman named Blanca, who won asylum in the U.S. and asked for her last name to be withheld, spoke at a press conference Tuesday, calling on the Biden administration to reverse the Matter of A-B- ruling and other asylum restrictions. She said she fled severe beatings and emotional abuse by the father of her three children in Guatemala after the local police and government failed to enforce a restraining order or help protect her and her kids.\u003c/p>\n\u003cp>Now, Blanca has become an advocate with the Bay Area nonprofit Mujeres Unidas y Activas, speaking up for other women and children who, she said, deserve similar protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Domestic violence is not a private matter, as Jeff Sessions said in 2018,” said Blanca, in Spanish. “The government has the responsibility to protect our lives even when the aggressor is our spouse … To live free of violence is a right we all have as human beings, but we women have been suppressed by both abusers and the government.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"title": "Biden Delay on Refugee Cap Complicates Efforts for Bay Area Resettlement Agencies",
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"content": "\u003cp>As President Biden is poised to increase historically low admission limits on refugees in coming weeks, resettlement agencies in the Bay Area are scrambling to prepare for a potential influx of people who have fled persecution from around the world.\u003c/p>\n\u003cp>But uncertainty abounds, complicating plans for the nonprofits trying to rebuild refugee resettlement programs that essentially collapsed during the Trump administration.\u003c/p>\n\u003cp>“We’ve been really actively planning and discussing and engaging with communities, preparing for a surge in new arrivals,” said Sarah Terlouw, executive director of the International Rescue Committee in Northern California. “But we’ve just had to hold back from kind of pulling the trigger on doing anything concretely because we are waiting for this presidential proclamation.” [pullquote size=\"medium\" align=\"right\" citation=\"Nanette Diaz Barragán, D-San Pedro\"]‘As a nation of immigrants built on the principles of freedom and opportunity, we cannot turn our back on refugees.’[/pullquote] \u003c/p>\n\u003cp>In February, Biden said he intended to raise the cap to 62,500 refugees for the remainder of this year — and 125,000 for the year following. Then on April 16, Biden backpedaled and announced that the cap would remain for now at the record-low 15,000 established last year by then-President Donald Trump. But later that day, faced with swift backlash, administration officials signaled that Biden could raise it higher with an announcement due in May.\u003c/p>\n\u003cp>Agencies like IRC receive some federal funds to help refugee clients establish a new life here — picking them up at the airport, and assisting them to secure housing, learn English, apply for Social Security cards and enroll their children in school.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But that funding dried up under the Trump administration, as the number of \u003ca href=\"https://immigrationforum.org/article/fact-sheet-u-s-refugee-resettlement/\" target=\"_blank\" rel=\"noopener noreferrer\">refugees admitted\u003c/a> plummeted from 85,000 in 2016 to less than 12,000 last year nationwide, effectively strangling local refugee resettlement operations.\u003c/p>\n\u003cp>Nonprofit agencies laid off case managers, interpreters and other staffers. The IRC shut down its San Jose resettlement operations completely after the number of new refugee arrivals there dropped from 94 in 2016 to just over a dozen in 2019, said Terlouw. Across Northern California, the organization, which also has offices in Oakland, Sacramento, Turlock and Modesto, assisted just 40 refugee families so far this year, down from 900 refugees in 2016.\u003c/p>\n\u003cp>Terlouw said trying to raise funds and rebuild resettlement operations, sometimes from scratch as in San Jose, is a huge challenge in itself. But the lack of certainty as to how many more refugees the federal government plans to admit and from what countries makes taking those steps even more difficult.\u003c/p>\n\u003cp>“We have to hire staff, we have to train them,” said Terlouw. “If we’re going to receive refugees, we also need to have housing options planned in advance, we need to talk to school districts.”\u003c/p>\n\u003cp>And in order to hire interpreters, Terlouw added, she needs to know whether she’ll need staff who speak the languages of Eritrea or other countries, such as in the former Soviet Union.\u003c/p>\n\u003cp>Meanwhile, about\u003ca href=\"https://www.rescue.org/press-release/irc-deeply-disappointed-biden-administration-decision-maintain-trump-era-refugee-cap\" target=\"_blank\" rel=\"noopener noreferrer\"> 30,000 refugees\u003c/a> abroad have been cleared by the U.S. government to come to this country, but they remain stranded until Biden lifts the ceiling on admissions, according to IRC.\u003c/p>\n\u003cp>Biden’s postponement forced the State Department to cancel flights it had booked for more than 700 refugees, the New York Times \u003ca href=\"https://www.nytimes.com/2021/03/12/us/refugees-biden.html\" target=\"_blank\" rel=\"noopener noreferrer\">reported\u003c/a>.\u003c/p>\n\u003cp>Refugees must go through an exhaustive vetting process that can take years before they are approved for entry to the U.S. Many await that determination in difficult and often dangerous conditions, said Fouzia Azizi, who leads the resettlement program at Jewish Family and Community Services East Bay, and is a former refugee herself.\u003c/p>\n\u003cp>“I lived that life. I have been in their shoes and I know how hard it is,” said Azizi, who fled sectarian violence in her native Afghanistan when she was 17 years old, and applied for refugee status from Pakistan. “I know how frustrating and terrifying it is to not be able to sleep because you are just worried about your family. You’re worried about ‘Am I going to make it?’ ”\u003c/p>\n\u003cp>Azizi had big hopes for Biden, who promised in his campaign to admit up to 125,000 refugees next year, and she is frustrated that the administration has moved slower than expected.\u003c/p>\n\u003cp>“It’s extremely disappointing,” said Azizi, now 46. “He is talking about the moral responsibility of Americans for refugee programs, but unfortunately has failed to back his words with action.\u003c/p>\n\u003cp>Her organization has resettled only one refugee from Australia since December and has had to let go most of its case managers for resettlement services, she said.\u003c/p>\n\u003cp>In his April 16 \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/16/memorandum-for-the-secretary-of-state-on-the-emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021/\" target=\"_blank\" rel=\"noopener noreferrer\">directive\u003c/a> to the Secretary of State, Biden said Trump’s admission limit of 15,000 refugees remained “justified,” which dismayed refugee advocates and some members of Congress. The cap is the lowest since former President Jimmy Carter signed the 1980 Refugee Act, which then-Sen. Biden had co-sponsored. [aside tag=\"refugee, immigration\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>The withering criticism from advocates was so intense that White House press secretary Jen Psaki stated hours later that Biden was expected to raise the refugee cap by May 15. But Psaki \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/16/statement-by-press-secretary-jen-psaki-on-the-emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021/\" target=\"_blank\" rel=\"noopener noreferrer\">said\u003c/a> the president’s initial goal of 62,500 seemed unlikely, “given the decimated refugee admissions program we inherited.”\u003c/p>\n\u003cp>A spokesperson for the State Department said the Trump administration had “hollowed out” the processing infrastructure of the U.S. Refugee Admissions Program, which the agency was now taking steps to rebuild.\u003c/p>\n\u003cp>“We are restoring this beacon of hope for people fleeing persecution, to promote stability in regions experiencing crisis, and foster international cooperation to address the global refugee crisis,” said the spokesperson in a statement. “However, rebuilding USRAP will take time given the multiple stakeholders involved, the significant actions and resources required, and the operational constraints such as those posed by COVID-19.”\u003c/p>\n\u003cp>California Congresswoman Nanette Diaz Barragán, D-San Pedro, is one of the dozens of lawmakers who say it’s urgent for Biden to raise the refugee cap to 62,500 for the fiscal year ending Sept. 30, as he initially proposed.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“As a nation of immigrants built on the principles of freedom and opportunity, we cannot turn our back on refugees,” Barragán said in a statement. “Many have already been through the process and are anxiously waiting to come to the United States.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp> \u003c/p>\n\u003cp>In February, Biden said he intended to raise the cap to 62,500 refugees for the remainder of this year — and 125,000 for the year following. Then on April 16, Biden backpedaled and announced that the cap would remain for now at the record-low 15,000 established last year by then-President Donald Trump. But later that day, faced with swift backlash, administration officials signaled that Biden could raise it higher with an announcement due in May.\u003c/p>\n\u003cp>Agencies like IRC receive some federal funds to help refugee clients establish a new life here — picking them up at the airport, and assisting them to secure housing, learn English, apply for Social Security cards and enroll their children in school.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But that funding dried up under the Trump administration, as the number of \u003ca href=\"https://immigrationforum.org/article/fact-sheet-u-s-refugee-resettlement/\" target=\"_blank\" rel=\"noopener noreferrer\">refugees admitted\u003c/a> plummeted from 85,000 in 2016 to less than 12,000 last year nationwide, effectively strangling local refugee resettlement operations.\u003c/p>\n\u003cp>Nonprofit agencies laid off case managers, interpreters and other staffers. The IRC shut down its San Jose resettlement operations completely after the number of new refugee arrivals there dropped from 94 in 2016 to just over a dozen in 2019, said Terlouw. Across Northern California, the organization, which also has offices in Oakland, Sacramento, Turlock and Modesto, assisted just 40 refugee families so far this year, down from 900 refugees in 2016.\u003c/p>\n\u003cp>Terlouw said trying to raise funds and rebuild resettlement operations, sometimes from scratch as in San Jose, is a huge challenge in itself. But the lack of certainty as to how many more refugees the federal government plans to admit and from what countries makes taking those steps even more difficult.\u003c/p>\n\u003cp>“We have to hire staff, we have to train them,” said Terlouw. “If we’re going to receive refugees, we also need to have housing options planned in advance, we need to talk to school districts.”\u003c/p>\n\u003cp>And in order to hire interpreters, Terlouw added, she needs to know whether she’ll need staff who speak the languages of Eritrea or other countries, such as in the former Soviet Union.\u003c/p>\n\u003cp>Meanwhile, about\u003ca href=\"https://www.rescue.org/press-release/irc-deeply-disappointed-biden-administration-decision-maintain-trump-era-refugee-cap\" target=\"_blank\" rel=\"noopener noreferrer\"> 30,000 refugees\u003c/a> abroad have been cleared by the U.S. government to come to this country, but they remain stranded until Biden lifts the ceiling on admissions, according to IRC.\u003c/p>\n\u003cp>Biden’s postponement forced the State Department to cancel flights it had booked for more than 700 refugees, the New York Times \u003ca href=\"https://www.nytimes.com/2021/03/12/us/refugees-biden.html\" target=\"_blank\" rel=\"noopener noreferrer\">reported\u003c/a>.\u003c/p>\n\u003cp>Refugees must go through an exhaustive vetting process that can take years before they are approved for entry to the U.S. Many await that determination in difficult and often dangerous conditions, said Fouzia Azizi, who leads the resettlement program at Jewish Family and Community Services East Bay, and is a former refugee herself.\u003c/p>\n\u003cp>“I lived that life. I have been in their shoes and I know how hard it is,” said Azizi, who fled sectarian violence in her native Afghanistan when she was 17 years old, and applied for refugee status from Pakistan. “I know how frustrating and terrifying it is to not be able to sleep because you are just worried about your family. You’re worried about ‘Am I going to make it?’ ”\u003c/p>\n\u003cp>Azizi had big hopes for Biden, who promised in his campaign to admit up to 125,000 refugees next year, and she is frustrated that the administration has moved slower than expected.\u003c/p>\n\u003cp>“It’s extremely disappointing,” said Azizi, now 46. “He is talking about the moral responsibility of Americans for refugee programs, but unfortunately has failed to back his words with action.\u003c/p>\n\u003cp>Her organization has resettled only one refugee from Australia since December and has had to let go most of its case managers for resettlement services, she said.\u003c/p>\n\u003cp>In his April 16 \u003ca href=\"https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/16/memorandum-for-the-secretary-of-state-on-the-emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021/\" target=\"_blank\" rel=\"noopener noreferrer\">directive\u003c/a> to the Secretary of State, Biden said Trump’s admission limit of 15,000 refugees remained “justified,” which dismayed refugee advocates and some members of Congress. The cap is the lowest since former President Jimmy Carter signed the 1980 Refugee Act, which then-Sen. Biden had co-sponsored. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The withering criticism from advocates was so intense that White House press secretary Jen Psaki stated hours later that Biden was expected to raise the refugee cap by May 15. But Psaki \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/16/statement-by-press-secretary-jen-psaki-on-the-emergency-presidential-determination-on-refugee-admissions-for-fiscal-year-2021/\" target=\"_blank\" rel=\"noopener noreferrer\">said\u003c/a> the president’s initial goal of 62,500 seemed unlikely, “given the decimated refugee admissions program we inherited.”\u003c/p>\n\u003cp>A spokesperson for the State Department said the Trump administration had “hollowed out” the processing infrastructure of the U.S. Refugee Admissions Program, which the agency was now taking steps to rebuild.\u003c/p>\n\u003cp>“We are restoring this beacon of hope for people fleeing persecution, to promote stability in regions experiencing crisis, and foster international cooperation to address the global refugee crisis,” said the spokesperson in a statement. “However, rebuilding USRAP will take time given the multiple stakeholders involved, the significant actions and resources required, and the operational constraints such as those posed by COVID-19.”\u003c/p>\n\u003cp>California Congresswoman Nanette Diaz Barragán, D-San Pedro, is one of the dozens of lawmakers who say it’s urgent for Biden to raise the refugee cap to 62,500 for the fiscal year ending Sept. 30, as he initially proposed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The Biden administration is ordering U.S. immigration enforcement agencies to change how they talk about immigrants.\u003c/p>\n\u003cp>The terms “illegal alien” and “assimilation” are out — replaced by “undocumented noncitizen” and “integration.”\u003c/p>\n\u003cp>The new guidance is laid out in a pair of detailed memos sent Monday by the heads of U.S. Immigration and Customs Enforcement and Customs and Border Protection, part of a broader effort by the Biden administration to roll back the previous administration’s hard-line policies and build what they call a more “humane” immigration system.\u003c/p>\n\u003cp>“We set a tone and example for our country and partners across the world,” Troy Miller, the top official at Customs and Border Protection, said in his memo. “We enforce our nation’s laws while also maintaining the dignity of every individual with whom we interact. The words we use matter and will serve to further confer that dignity to those in our custody.”\u003c/p>\n\u003cp>The new guidance mirrors an earlier change in language at U.S Citizenship and Immigration Services, the agency in charge of legal immigration. \u003c/p>\n\u003cp>The word “alien” is used throughout U.S. immigration law. But the White House is seeking to replace it as part of \u003ca href=\"https://www.npr.org/sections/inauguration-day-live-updates/2021/01/20/958626092/on-immigration-biden-goes-big-in-opening-bid-to-congress\">a sweeping overhaul bill\u003c/a> it sent to Congress. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The new guidance acknowledges that immigration authorities may still use the term when filling out required forms. But both memos emphasize that agents and officers should begin using the new terminology in internal communications and external correspondence immediately. \u003c/p>\n\u003cp>Under former President Donald Trump, ICE officers and agents had wide latitude to arrest anyone they encountered living in the country illegally, spreading fear and confusion in immigrant communities. \u003c/p>\n\u003cp>[aside label='Immigration Coverage' tag='immigration']The Biden administration \u003ca href=\"https://www.npr.org/2021/02/18/969083367/biden-tells-ice-to-chill-new-rules-limit-who-immigration-agents-target-for-arres\">has placed sharp new limits\u003c/a> on whom ICE can arrest, detain and deport. \u003c/p>\n\u003cp>“As an essential steward of a more secure and humane immigration system, ICE will set a tone and example for our country for years,” wrote Tae Johnson, ICE’s acting director in his memo announcing the new language guidance. \u003c/p>\n\u003cp>“The way that we choose to communicate is critical to enforcing the nation’s laws while respecting the humanity and dignity of those individuals with whom we interact.” \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg decoding=\"async\" src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Immigration+Agencies+Ordered+Not+To+Use+Term+%27Illegal+Alien%27+Under+New+Biden+Policy&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Biden administration is ordering U.S. immigration enforcement agencies to change how they talk about immigrants.\u003c/p>\n\u003cp>The terms “illegal alien” and “assimilation” are out — replaced by “undocumented noncitizen” and “integration.”\u003c/p>\n\u003cp>The new guidance is laid out in a pair of detailed memos sent Monday by the heads of U.S. Immigration and Customs Enforcement and Customs and Border Protection, part of a broader effort by the Biden administration to roll back the previous administration’s hard-line policies and build what they call a more “humane” immigration system.\u003c/p>\n\u003cp>“We set a tone and example for our country and partners across the world,” Troy Miller, the top official at Customs and Border Protection, said in his memo. “We enforce our nation’s laws while also maintaining the dignity of every individual with whom we interact. The words we use matter and will serve to further confer that dignity to those in our custody.”\u003c/p>\n\u003cp>The new guidance mirrors an earlier change in language at U.S Citizenship and Immigration Services, the agency in charge of legal immigration. \u003c/p>\n\u003cp>The word “alien” is used throughout U.S. immigration law. But the White House is seeking to replace it as part of \u003ca href=\"https://www.npr.org/sections/inauguration-day-live-updates/2021/01/20/958626092/on-immigration-biden-goes-big-in-opening-bid-to-congress\">a sweeping overhaul bill\u003c/a> it sent to Congress. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>A new federal program offering help with funeral expenses to families who have lost loved ones to COVID-19 may not reach some of those who need it most, advocates say. They believe many eligible people, particularly in California’s hard-hit Latino communities, might be reluctant to apply out of fear their information will be shared with immigration authorities.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Maritza Maldonado, executive director of Amigos de Guadalupe Center for Justice and Empowerment\"]‘The problem is that our folks who need it the most won’t access that [aid], period. People are fearful of the government.’[/pullquote]\u003c/p>\n\u003cp>Starting this week, U.S. citizens and some lawful immigrants can apply to the Federal Emergency Management Agency for reimbursements of \u003ca href=\"https://www.fema.gov/disasters/coronavirus/economic/funeral-assistance\">up to $9,000\u003c/a> for each COVID-related funeral.\u003c/p>\n\u003cp>But when applicants call an agency phone line to request the aid, they first hear a prerecorded message on eligibility requirements warning that the information they provide may be shared with the U.S. Department of Homeland Security, along with other government agencies.\u003c/p>\n\u003cp>“FEMA may share your information with these partners to make sure you receive all disaster assistance available to you, prevent duplicating benefits or to prevent future disaster losses,” states the COVID-19 Funeral Assistance helpline.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Potential applicants from immigrant families who get that message before they are able to speak with an agency representative will likely hang up, even if they are eligible for the funds, predicts Maritza Maldonado, who heads a nonprofit serving a largely Latino neighborhood in East San Jose. Her group, \u003ca href=\"https://www.amigoscenter.com/\">Amigos de Guadalupe Center for Justice and Empowerment\u003c/a>, has helped local families, including immigrants, pay for coronavirus funerals.\u003c/p>\n\u003cp>“I just think it was intimidating, it was also scary,” said Maldonado, after listening to the helpline. “The problem is that our folks who need it the most won’t access that [aid], period. People are fearful of the government.”\u003c/p>\n\u003cp>In California, Latinos are \u003ca href=\"https://www.kqed.org/news/11866749/californias-working-age-latinos-are-disproportionately-dying-of-covid-19\">disproportionately dying\u003c/a> from the coronavirus. Latinos account for nearly half of all COVID-19 deaths in the state, even though they represent only 39% of the population, according to California Department of Public Health \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Race-Ethnicity.aspx\">figures\u003c/a>.\u003c/p>\n\u003cp>Funeral expenses can add up to more than $10,000, often prompting relatives struggling to pay those costs to seek donations through community groups or on crowd-funding social media sites.\u003c/p>\n\u003cp>The automated FEMA message also advises applicants that they must authorize the agency to obtain their personal information from financial and other institutions. For Maldonado, who \u003ca href=\"https://www.kqed.org/news/11862305/in-the-heart-of-the-pandemic-covid-19-deaths-loom-large-in-east-san-jose\">lost a sister\u003c/a> to the coronavirus last May, that raises another red flag about privacy concerns.\u003c/p>\n\u003cp>“I was born in this country … and I would never do anything like this, or tell my nieces who buried their mother to even attempt to do this,” said Maldonado, 60. “I think it violates your own freedoms.”\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"immigration\"]Undocumented immigrants and those who hold temporary visas, such as for work or study in the U.S., are \u003ca href=\"https://www.fema.gov/disasters/coronavirus/economic/funeral-assistance/faq\">not eligible\u003c/a> for FEMA’s funeral assistance.\u003c/p>\n\u003cp>The agency did not directly respond to a request for comment on concerns that its prerecorded message could discourage eligible applicants from requesting the funds. But Rebecca Kelly, a FEMA spokesperson, said the most important goal of the program is to help those who lost someone due to COVID-19, which she called a “very personal and emotional issue.”\u003c/p>\n\u003cp>“Using a call center guarantees that applicants already experiencing loss and grief can speak to people who are specifically trained to walk them through the application process and ensure they know the next steps to take,” Kelly said in an email.\u003c/p>\n\u003cp>FEMA’s COVID-19 Funeral Assistance program has had a rocky start for other reasons as well. When the application period began Monday morning, thousands of people flooded the helpline, causing technical issues and delaying some callers from reaching a representative, the agency said. The only way \u003ca href=\"https://www.kqed.org/coronavirusliveupdates/news/11869179/fema-opens-application-for-covid-19-funeral-cost-assistance\">to apply\u003c/a> for the aid is by phone; online requests are not accepted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A spokesperson for Rep. Barbara Lee, D-Oakland, who pushed for the FEMA funeral assistance benefit, did not immediately comment on concerns over the agency’s prerecorded message, but said Lee’s office is looking into how the agency is addressing technical challenges.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Potential applicants from immigrant families who get that message before they are able to speak with an agency representative will likely hang up, even if they are eligible for the funds, predicts Maritza Maldonado, who heads a nonprofit serving a largely Latino neighborhood in East San Jose. Her group, \u003ca href=\"https://www.amigoscenter.com/\">Amigos de Guadalupe Center for Justice and Empowerment\u003c/a>, has helped local families, including immigrants, pay for coronavirus funerals.\u003c/p>\n\u003cp>“I just think it was intimidating, it was also scary,” said Maldonado, after listening to the helpline. “The problem is that our folks who need it the most won’t access that [aid], period. People are fearful of the government.”\u003c/p>\n\u003cp>In California, Latinos are \u003ca href=\"https://www.kqed.org/news/11866749/californias-working-age-latinos-are-disproportionately-dying-of-covid-19\">disproportionately dying\u003c/a> from the coronavirus. Latinos account for nearly half of all COVID-19 deaths in the state, even though they represent only 39% of the population, according to California Department of Public Health \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Race-Ethnicity.aspx\">figures\u003c/a>.\u003c/p>\n\u003cp>Funeral expenses can add up to more than $10,000, often prompting relatives struggling to pay those costs to seek donations through community groups or on crowd-funding social media sites.\u003c/p>\n\u003cp>The automated FEMA message also advises applicants that they must authorize the agency to obtain their personal information from financial and other institutions. For Maldonado, who \u003ca href=\"https://www.kqed.org/news/11862305/in-the-heart-of-the-pandemic-covid-19-deaths-loom-large-in-east-san-jose\">lost a sister\u003c/a> to the coronavirus last May, that raises another red flag about privacy concerns.\u003c/p>\n\u003cp>“I was born in this country … and I would never do anything like this, or tell my nieces who buried their mother to even attempt to do this,” said Maldonado, 60. “I think it violates your own freedoms.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Undocumented immigrants and those who hold temporary visas, such as for work or study in the U.S., are \u003ca href=\"https://www.fema.gov/disasters/coronavirus/economic/funeral-assistance/faq\">not eligible\u003c/a> for FEMA’s funeral assistance.\u003c/p>\n\u003cp>The agency did not directly respond to a request for comment on concerns that its prerecorded message could discourage eligible applicants from requesting the funds. But Rebecca Kelly, a FEMA spokesperson, said the most important goal of the program is to help those who lost someone due to COVID-19, which she called a “very personal and emotional issue.”\u003c/p>\n\u003cp>“Using a call center guarantees that applicants already experiencing loss and grief can speak to people who are specifically trained to walk them through the application process and ensure they know the next steps to take,” Kelly said in an email.\u003c/p>\n\u003cp>FEMA’s COVID-19 Funeral Assistance program has had a rocky start for other reasons as well. When the application period began Monday morning, thousands of people flooded the helpline, causing technical issues and delaying some callers from reaching a representative, the agency said. The only way \u003ca href=\"https://www.kqed.org/coronavirusliveupdates/news/11869179/fema-opens-application-for-covid-19-funeral-cost-assistance\">to apply\u003c/a> for the aid is by phone; online requests are not accepted.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A spokesperson for Rep. Barbara Lee, D-Oakland, who pushed for the FEMA funeral assistance benefit, did not immediately comment on concerns over the agency’s prerecorded message, but said Lee’s office is looking into how the agency is addressing technical challenges.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Immigrant advocates are pushing state officials to increase outreach at facilities where U.S. Immigration and Customs Enforcement detainees are being held, to combat distrust over the COVID-19 vaccine.\u003c/p>\n\u003cp>\"Immigrants inside were saying, 'Hey, they're offering us a vaccine, but we have no information. We have no idea what it's about, if there are any side effects,' \" said Edwin Carmona-Cruz, director of community engagement at the California Collaborative for Immigrant Justice, a coalition of pro-bono legal service providers that offer support to immigrants in detention facilities.\u003c/p>\n\u003cp>While federal, state and local officials have engaged in a public outreach campaign for months to ensure that residents are aware of the facts about the vaccine, advocates say similar efforts have not been made within detention facilities.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Joaquin Arambula, state Assemblymember, D-Fresno\"]'Individuals in detention harbor serious fears and mistrust towards detention operators, and as a result may not feel safe accepting vaccines from these operators.'[/pullquote]And even when information is provided by ICE — or the subcontractors that run their facilities — there is often widespread distrust. There have been \u003ca href=\"https://news.usc.edu/180906/covid-19-suicide-and-substandard-medical-care-driving-high-rate-of-death-among-ice-detainees/\">numerous reports\u003c/a> of the substandard health care provided at ICE facilities, and advocates say detainees may be skeptical of what immigration officials are telling them.\u003c/p>\n\u003cp>\"Individuals in detention harbor serious fears and mistrust toward detention operators, and as a result may not feel safe accepting vaccines from these operators,\" said state Assemblymember Joaquin Arambula, D-Fresno, at a press conference on Monday.\u003c/p>\n\u003cp>\"Given these serious challenges around trust towards detention operators, it is clear that the public health officials and the community can play a vital role with respect to how vaccinations and information are presented and shared with individuals inside these facilities.\"\u003c/p>\n\u003cp>Arambula has introduced \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB263\">Assembly Bill 263\u003c/a>, which would \"require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.\"\u003c/p>\n\u003cp>\"There is no trust — and there's mistrust — in both ICE and for-profit prison operators like GEO Group and Core Civic,\" Carmona-Cruz said. \"How are they going to believe that the information that they're giving to them is true when ... the medical care and medical negligence that happens in these facilities runs rampant.\"\u003c/p>\n\u003cp>[aside postID=\"news_11856995\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Herrera-1020x771.jpg\"]After hearing these concerns from detainees, Carmona-Cruz and others took on another approach. For three weeks, they've operated a hotline — staffed by health care professionals — that people in ICE detention could call to get any of their questions answered.\u003c/p>\n\u003cp>So far, the program has only been in place at a few facilities: the Yuba County Jail, Golden State Annex and the Mesa Verde ICE Processing Facility. But advocates say it's the state's responsibility to expand these efforts.\u003c/p>\n\u003cp>Dr. Daniel Turner-Lloveras, a physician at Harbor-UCLA Medical Center, is one of the health care providers who's been staffing these calls. He says a systematic approach is needed to address \"medical mistrust\" in detention facilities, since any infection hot spots will \"contribute to the spread of COVID-19.\"\u003c/p>\n\u003cp>\"We must try our best to counteract this misinformation by educating our patients in a way that they're going to understand, in a cultural and linguistically appropriate, patient-centered fashion,\" Turner-Lloveras said.\u003c/p>\n\u003cp>In a statement, a spokesperson for CoreCivic — which runs the Otay Mesa Detention Center in San Diego — said it has \"rigorously followed the guidance of local, state and federal health authorities, as well as our government partners.\"\u003c/p>\n\u003cp>The Management & Training Corporation, which operates the Imperial Regional Detention Facility in Calexico, said it is providing the vaccine to \"all detainees who have expressed their desire to be vaccinated,\" and is providing informational sessions and documents about the vaccine in English, Spanish and other languages.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jackie Gonzalez, policy director of Immigrant Defense Advocates\"]'Report after report came out that the federal government and the state government essentially played a game of hot potato.'[/pullquote]In a statement, ICE said it is \"firmly committed to the health and welfare of all those in its custody.\"\u003c/p>\n\u003cp>People in immigration detention facilities became eligible for the vaccine back in March. Advocates said there were \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\">months of back and forth\u003c/a> over who was responsible for providing the vaccine — the state or the federal government.\u003c/p>\n\u003cp>\"Report after report came out that the federal government and the state government essentially played a game of hot potato,\" said Jackie Gonzalez, policy director of Immigrant Defense Advocates.\u003c/p>\n\u003cp>This caused widespread concerns among advocates that detainees would be left out.\u003c/p>\n\u003cp>[aside tag=\"mesa-verde\" label=\"more coverage\"]Eventually, on March 11, \u003ca href=\"https://www.kqed.org/news/11864820/ice-detainees-in-california-now-eligible-for-covid-19-vaccine\">state officials opted to include the immigrant detention centers\u003c/a> in their March 15 rollout of the vaccine — since they are considered to be in high-risk congregate care facilities. This meant that the state would provide vaccine doses for detainees to county health departments, who would in turn provide them to detention centers to administer to the people held there.\u003c/p>\n\u003cp>Overall, Carmona-Cruz said, California should recognize that vaccinating people in detention will ultimately help the state achieve its goals.\u003c/p>\n\u003cp>\"Immigrants in detention are also our neighbors, our friends, our family members, [they're] residents of the state. And they're also contributing to the success of how the state does. So we definitely need to consider and characterize it that way,\" he said.\u003c/p>\n\u003cp>As of April 12, 777 people in ICE detention in California have contracted the coronavirus since the pandemic started.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "California currently provides COVID-19 vaccines to immigrants detained in ICE detention centers. Advocates argue that authorities are not doing enough to provide adequate information about the vaccine to this vulnerable group.",
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"description": "California currently provides COVID-19 vaccines to immigrants detained in ICE detention centers. Advocates argue that authorities are not doing enough to provide adequate information about the vaccine to this vulnerable group.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Immigrant advocates are pushing state officials to increase outreach at facilities where U.S. Immigration and Customs Enforcement detainees are being held, to combat distrust over the COVID-19 vaccine.\u003c/p>\n\u003cp>\"Immigrants inside were saying, 'Hey, they're offering us a vaccine, but we have no information. We have no idea what it's about, if there are any side effects,' \" said Edwin Carmona-Cruz, director of community engagement at the California Collaborative for Immigrant Justice, a coalition of pro-bono legal service providers that offer support to immigrants in detention facilities.\u003c/p>\n\u003cp>While federal, state and local officials have engaged in a public outreach campaign for months to ensure that residents are aware of the facts about the vaccine, advocates say similar efforts have not been made within detention facilities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And even when information is provided by ICE — or the subcontractors that run their facilities — there is often widespread distrust. There have been \u003ca href=\"https://news.usc.edu/180906/covid-19-suicide-and-substandard-medical-care-driving-high-rate-of-death-among-ice-detainees/\">numerous reports\u003c/a> of the substandard health care provided at ICE facilities, and advocates say detainees may be skeptical of what immigration officials are telling them.\u003c/p>\n\u003cp>\"Individuals in detention harbor serious fears and mistrust toward detention operators, and as a result may not feel safe accepting vaccines from these operators,\" said state Assemblymember Joaquin Arambula, D-Fresno, at a press conference on Monday.\u003c/p>\n\u003cp>\"Given these serious challenges around trust towards detention operators, it is clear that the public health officials and the community can play a vital role with respect to how vaccinations and information are presented and shared with individuals inside these facilities.\"\u003c/p>\n\u003cp>Arambula has introduced \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB263\">Assembly Bill 263\u003c/a>, which would \"require a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations.\"\u003c/p>\n\u003cp>\"There is no trust — and there's mistrust — in both ICE and for-profit prison operators like GEO Group and Core Civic,\" Carmona-Cruz said. \"How are they going to believe that the information that they're giving to them is true when ... the medical care and medical negligence that happens in these facilities runs rampant.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>After hearing these concerns from detainees, Carmona-Cruz and others took on another approach. For three weeks, they've operated a hotline — staffed by health care professionals — that people in ICE detention could call to get any of their questions answered.\u003c/p>\n\u003cp>So far, the program has only been in place at a few facilities: the Yuba County Jail, Golden State Annex and the Mesa Verde ICE Processing Facility. But advocates say it's the state's responsibility to expand these efforts.\u003c/p>\n\u003cp>Dr. Daniel Turner-Lloveras, a physician at Harbor-UCLA Medical Center, is one of the health care providers who's been staffing these calls. He says a systematic approach is needed to address \"medical mistrust\" in detention facilities, since any infection hot spots will \"contribute to the spread of COVID-19.\"\u003c/p>\n\u003cp>\"We must try our best to counteract this misinformation by educating our patients in a way that they're going to understand, in a cultural and linguistically appropriate, patient-centered fashion,\" Turner-Lloveras said.\u003c/p>\n\u003cp>In a statement, a spokesperson for CoreCivic — which runs the Otay Mesa Detention Center in San Diego — said it has \"rigorously followed the guidance of local, state and federal health authorities, as well as our government partners.\"\u003c/p>\n\u003cp>The Management & Training Corporation, which operates the Imperial Regional Detention Facility in Calexico, said it is providing the vaccine to \"all detainees who have expressed their desire to be vaccinated,\" and is providing informational sessions and documents about the vaccine in English, Spanish and other languages.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In a statement, ICE said it is \"firmly committed to the health and welfare of all those in its custody.\"\u003c/p>\n\u003cp>People in immigration detention facilities became eligible for the vaccine back in March. Advocates said there were \u003ca href=\"https://www.kqed.org/news/11857822/advocates-fear-immigrant-detainees-could-be-left-out-of-vaccination-plans\">months of back and forth\u003c/a> over who was responsible for providing the vaccine — the state or the federal government.\u003c/p>\n\u003cp>\"Report after report came out that the federal government and the state government essentially played a game of hot potato,\" said Jackie Gonzalez, policy director of Immigrant Defense Advocates.\u003c/p>\n\u003cp>This caused widespread concerns among advocates that detainees would be left out.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Eventually, on March 11, \u003ca href=\"https://www.kqed.org/news/11864820/ice-detainees-in-california-now-eligible-for-covid-19-vaccine\">state officials opted to include the immigrant detention centers\u003c/a> in their March 15 rollout of the vaccine — since they are considered to be in high-risk congregate care facilities. This meant that the state would provide vaccine doses for detainees to county health departments, who would in turn provide them to detention centers to administer to the people held there.\u003c/p>\n\u003cp>Overall, Carmona-Cruz said, California should recognize that vaccinating people in detention will ultimately help the state achieve its goals.\u003c/p>\n\u003cp>\"Immigrants in detention are also our neighbors, our friends, our family members, [they're] residents of the state. And they're also contributing to the success of how the state does. So we definitely need to consider and characterize it that way,\" he said.\u003c/p>\n\u003cp>As of April 12, 777 people in ICE detention in California have contracted the coronavirus since the pandemic started.\u003cbr>\n\u003c/p>\u003c/div>",
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"slug": "a-butterfly-with-my-wings-cut-off-a-transgender-asylum-seekers-quest-to-come-to-california",
"title": "‘A Butterfly With My Wings Cut Off’: A Transgender Asylum Seeker’s Quest to Come to California",
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"content": "\u003cp>\u003ca href=\"https://www.kqed.org/news/11852044/una-mariposa-con-las-alas-rotas-la-busqueda-de-una-solicitante-de-asilo-transgenera-para-llegar-a-california\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cem>Since \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> first aired this documentary in December 2020, dozens of listeners reached out to help Luna Guzmán with messages of encouragement and support. In May, 2021, Luna was \u003ca href=\"https://www.kqed.org/news/11876583/living-my-dream-after-years-transgender-asylum-seeker-finally-makes-it-to-the-us\">finally able to make it to the US\u003c/a>, where she is now waiting for another chance to go before an immigration judge and ask for protection.\u003c/em>\u003c/p>\n\u003cp>[dropcap]W[/dropcap]hen she turned 15, like so many girls in her town in Guatemala, Luna Guzmán celebrated with a quinceañera.\u003c/p>\n\u003cp>“My friend lent me the dress because she saw the way I used to cry every time we passed the dress shop on the way to school, with all those beautiful dresses,” she said in Spanish. “I would just press my hand up against the glass and stare at them for a long time.”\u003c/p>\n\u003cp>The dress she borrowed was turquoise, with a long skirt. She took off her tennies, put on heels and a tiara, and danced with her friends.\u003c/p>\n\u003cp>There was a cake, bottles of champagne and chambelanes, boys who dressed up in suits to escort her into the secret party at a friend’s house. No one was there from Luna’s family, because they couldn’t fathom her as a transgender girl.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Luna Guzmán\"]‘The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad.’[/pullquote]Moments from that birthday party still linger in Luna’s memory as a time when she truly felt delight and freedom. It was something to be savored again and again as the next decade began to unfold, even as she put back on her soccer jerseys and tried to look like the boy she knew she wasn’t inside. Even as she dealt with brutal violence and decided to take a tremendous risk and leave everything behind in Guatemala to try to find a life in California. The memories were one place in the world where she could imagine being safe, being herself.\u003c/p>\n\u003cp>We first met Luna two years ago at a migrant shelter in Tijuana and have stayed in touch with her as she’s journeyed across the border, spent months in U.S. Immigration and Customs Enforcement detention, and sought shelter in Mexico. We’ve spent weeks frantically trying to reach her in an intensive care unit, after she left a voice message that she had been diagnosed with a severe case of COVID-19. “Thank you for telling my story,” she rasped through labored breaths, her voice barely recognizable. “If I die, I hope that one day people will remember something about me.”\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=8-aYksXNNUA\u003c/p>\n\u003ch3>\u003cstrong>‘Can’t You Change Your Son?’\u003c/strong>\u003c/h3>\n\u003cp>Luna grew up on the outskirts of a small city in Central Guatemala, in a house cobbled together from sticks and newspaper. Her mom sold french fries from a cart, and Luna helped care for her three siblings, including a brother with developmental disabilities. Her dad wasn’t part of her life.\u003c/p>\n\u003cp>She said she was a voracious reader, spending hours in the town library. At school she would play dress up with the other girls. Luna would transform into a butterfly, her wings made from pieces of cardboard she scavenged on the street.\u003c/p>\n\u003cp>“The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad,’ ” she recalled.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Luna said her mom defended her at first. When she came out as gay at age 14, her mom gave a toast with some agua de jamaica. But as Luna got older, she said her mom disapproved of the dresses and the heels. Her son, dressing like a woman? For her, that went against nature. So Luna put back on the soccer jerseys and shorts.\u003c/p>\n\u003cp>“The hurtful things she said to me, I understand them better now,” said Luna. “She just wanted to protect me.”\u003c/p>\n\u003cfigure id=\"attachment_11849344\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849344\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg\" alt=\"Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman.\" width=\"800\" height=\"613\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1020x781.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-160x123.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1536x1177.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2.jpg 1856w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2007\u003c/strong>\u003c/p>\n\u003cp>When Luna was 13, just on the cusp of adolescence, she said she was raped by an older man who was a neighbor.\u003c/p>\n\u003cp>“I would ask, why me? Tell me — if anyone is up there — explain it to me,” she sighed. “I still haven’t gotten an answer to this day.”\u003c/p>\n\u003cp>Soon after, Luna said she was trafficked into prostitution. Some powerful men in her town forced her into a trafficking ring. The clients? Older men who would pay hundreds of U.S. dollars to sleep with young boys and transgender girls.\u003c/p>\n\u003cp>\u003ca href=\"https://www.reuters.com/article/us-guatemala-humantrafficking/guatemala-closes-its-eyes-to-rampant-child-sex-trafficking-u-n-idUSKCN0YU29V\">Sex trafficking is rampant in Guatemala\u003c/a>, and the United Nations has denounced the shocking number of children forced into trafficking rings because of poverty.\u003c/p>\n\u003cp>But there was no one to help. The traffickers, Luna said, had connections with the police and top public officials in town. “If anyone tried to denounce them or file a complaint, they’d throw it in the trash,” she said.\u003c/p>\n\u003cp>Many of the kids trafficked in the ring, she said, were infected with sexually transmitted diseases. When she was 16, Luna said she found out she was HIV-positive. Harassment from people in town, who had already thrown rocks at her and told her to stay away from their children, intensified. Once, she remembered, some people beat her up so badly they broke her collarbone, telling her they wanted her to behave like a “real man.”\u003c/p>\n\u003cp>“My town is so small, there was no information about sexual orientation or HIV,” Luna said. “No information about anything. It’s so close-minded.”\u003c/p>\n\u003cp>When she turned 19, she said, she was still occasionally forced into sex work. But as she reached adulthood, she started to take some small steps to wrest back control of her life. She signed up for a training course to become a volunteer firefighter.\u003c/p>\n\u003cfigure id=\"attachment_11849342\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849342\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg\" alt=\"Luna Guzmán worked as a fire fighter in her home town. She said she left the department after experiencing harassment and homophobic threats.\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3.jpg 1500w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán worked as a firefighter in her hometown. She said she left the department after experiencing harassment and homophobic threats. \u003ccite>(Cortesía de Luna Guzmán )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>November 2014\u003c/strong>\u003c/p>\n\u003cp>Luna graduated from the firefighting program. She felt powerful rescuing people from car accidents and hosing down burning buildings.\u003c/p>\n\u003cp>But then, she said, the other firefighters found out she was HIV-positive, and began taunting her with homophobic slurs.\u003c/p>\n\u003cp>She dreamed about a way out and set her sights on California. She’d seen videos of San Francisco’s massive pride parade. She knew in California she couldn’t be fired or evicted for being transgender, would have the right to get an ID in the name she wants to use, and use the restroom that matches her gender identity. She also hoped it was a place where she could earn enough money to pay for her transition.\u003c/p>\n\u003cp>\u003cstrong>January 2017 \u003c/strong>\u003c/p>\n\u003cp>Luna left her family, the fire department, the neighbors, the pimps. She was 22 years old.\u003c/p>\n\u003cp>She leaped onto that famous train migrants call \u003ca href=\"https://www.npr.org/sections/parallels/2014/06/05/318905712/riding-the-beast-across-mexico-to-the-u-s-border\">La Bestia\u003c/a>, or “the beast,” which travels north from Mexico’s southern border. She didn’t wear dresses on the journey. As she’s done for most of her life, she kept her hair short and wore men’s T-shirts and shorts, for safety.\u003c/p>\n\u003cfigure id=\"attachment_11849343\" class=\"wp-caption alignnone\" style=\"max-width: 694px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11849343\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg\" alt=\"Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \" width=\"694\" height=\"390\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg 694w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2-160x90.jpg 160w\" sizes=\"auto, (max-width: 694px) 100vw, 694px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \u003ccite>(Cortesía de Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>\u003cstrong>Crossing the Border But Not Finding Safety \u003c/strong> \u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>August 2017\u003c/strong>\u003c/p>\n\u003cp>When Luna reached the U.S.-Mexico border crossing at Otay Mesa near San Diego, she told an officer she was running away from homophobic violence in Guatemala and was requesting asylum. But her hopes that she would feel protected as soon as she crossed into the U.S. vanished.\u003c/p>\n\u003cp>“They took me into some offices. About 30 minutes later, they arrested me. Put chains on my hands, my feet, my waist,” she recalled. “They treat you like a criminal, just for asking for help. It feels horrible, like you’re nothing.”\u003c/p>\n\u003cp>Border officials don’t decide on asylum requests — that happens later — but they are responsible for the transfer of detainees to ICE custody, where they’ll eventually speak with an asylum officer. However, border officials didn’t check the box on Luna’s intake form indicating that she identified as LGBT, nor the box indicating that she could be at increased risk of sexual abuse in detention.\u003c/p>\n\u003cfigure id=\"attachment_11846822\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846822\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png\" alt=\"U.S. Customs and Border Patrol “Detainee Assessment” form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \" width=\"800\" height=\"490\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-1020x624.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-160x98.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot.png 1428w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Customs and Border Protection ‘Detainee Assessment’ form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \u003ccite>(Solicitud de información bajo la Ley por la Libertad de la Información)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s where things started to go wrong for her. ICE eventually assigned Luna a bed in a crowded men’s unit at the Otay Mesa Detention Center.\u003c/p>\n\u003cp>Ten days after she arrived at the border asking for help, an asylum officer with U.S. Citizenship and Immigration Services conducted a “credible fear” interview. That’s when Luna told her she also dressed as a woman at times. The officer found her story credible.\u003c/p>\n\u003cp>A few weeks later, a transgender Latina organization based near Los Angeles called \u003ca href=\"https://www.facebook.com/LasCrisantemas/?ref=page_internal\">Las Crisantemas\u003c/a> sent a letter of support to the immigration court identifying Luna as a trans woman.\u003c/p>\n\u003cp>But Luna was never moved to a special detention unit for transgender women, despite the fact that in 2015 ICE had agreed to \u003ca href=\"https://www.ice.gov/news/releases/ice-issues-new-guidance-care-transgender-individuals-custody\">improve standards for transgender detainees\u003c/a>, including access to separate detention units away from the general population.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Luna Guzmán\"]‘They treat you like a criminal, just for asking for help. It feels horrible, like you’re nothing.’[/pullquote]\u003c/p>\n\u003cp>“They did not put her into the protective custody that is required by their own standards,” said Allegra Love, an attorney with the \u003ca href=\"http://www.santafedreamersproject.org/transdetention\">Santa Fe Dreamers Project\u003c/a>, which has represented hundreds of transgender women in detention over the last few years. She was never Luna’s lawyer, but we asked her to review Luna’s case after KQED sued ICE to obtain her immigration records.\u003c/p>\n\u003cp>“If someone expresses to them, ‘Hey, look, I am trans, I have gender dysphoria. I am not the gender you think I am,’ then the government has this responsibility acknowledged by their own hand to take that seriously and protect people from heightened danger,” said Love.\u003c/p>\n\u003cp>But Luna would spend months in the men’s unit before her asylum case could be fully heard — months when she said she was repeatedly harassed and belittled by the other detainees.\u003c/p>\n\u003cfigure id=\"attachment_11846829\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846829\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg\" alt=\"Layers of security fencing at Otay Mesa immigration Detention Facility just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Layers of security fencing at Otay Mesa Detention Center just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>Backlogged Immigration Court, Long Months in Detention\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>November 2017\u003c/strong>\u003c/p>\n\u003cp>Luna appeared before immigration Judge Olga Attia, appointed to the immigration court in 2017 by former Attorney General Jeff Sessions. Luna was assigned an interpreter, but no lawyer. If she had wanted one, she would have had to find and pay for one herself.\u003c/p>\n\u003cp>In the audio recordings of her hearings at the immigration court, Luna told the judge she was worried about being detained for so long.\u003c/p>\n\u003cp>“I don’t always get the medicine I need for my chronic condition [HIV],” she said.\u003c/p>\n\u003cp>“Unfortunately, I don’t have jurisdiction over such matters,” Attia told her. “You need to bring this to the attention of the detention officers.”\u003c/p>\n\u003cp>\u003cstrong>January 2018\u003c/strong>\u003c/p>\n\u003cp>Luna was in detention for five months before she was able to officially present her asylum application to Judge Attia. Then the judge informed her there were no available appointments to hear the merits of her case for another five months.\u003c/p>\n\u003cp>\u003cstrong>February 2018\u003c/strong>\u003c/p>\n\u003cp>After six months in detention, Luna was eligible to get out on bond. ICE attorneys didn’t object as she had no criminal history. The judge set the bond at $4,500, but like many asylum seekers, she had no way to pay that kind of money.\u003c/p>\n\u003cp>Luna pleaded with the judge. “It’s hurting me, psychologically,” she said. “I’ve never been locked up, your honor.”\u003c/p>\n\u003cp>\u003cstrong>March 2018\u003c/strong>\u003c/p>\n\u003cp>Unable to tolerate being in detention in a men’s unit any longer, Luna did something she never expected to do. She gave up on her asylum case and asked to be deported right away.\u003c/p>\n\u003cp>“It’s been eight months since I was detained at the detention center, your honor,” she said through an interpreter. “I feel alone. I don’t have the words to explain to you.”\u003c/p>\n\u003cp>Even as Attia accepted the withdrawal of Luna’s asylum application, it wasn’t clear that the judge understood that Luna was transgender. Even after the interpreter explained that Luna was referring to herself in the feminine pronoun, Attia kept calling Luna “sir.”\u003c/p>\n\u003cp>“I can only imagine the loss of hope that someone experiences when they’re fleeing a country where the reason their life is in danger is because their institutions refuse to acknowledge who they are,” said Love, the attorney who has represented dozens of transgender detainees from Central America. “Then to arrive with a hopeful feeling in a place where they think they are going to have a different treatment, and then to have law enforcement officers and judges — officers of the court — immediately reject them as well.”\u003c/p>\n\u003cp>Even if Luna had decided to stay in detention and pursue her asylum claim, the odds were against her, especially without a lawyer. During the last year of the Obama administration, 55% of all asylum applications were denied. Under the Trump administration, those numbers jumped to a record high of 72% in 2020, according to data from \u003ca href=\"https://trac.syr.edu/whatsnew/email.201028.html\">Syracuse University’s TRAC project\u003c/a>.\u003c/p>\n\u003cp>For asylum seekers from Guatemala, the rate is even higher: 85.8% of those applications are denied.\u003c/p>\n\u003cp>\u003cstrong>April 2018\u003c/strong>\u003c/p>\n\u003cp>On the plane ICE chartered to transport Luna and other detainees back to Guatemala, she recalled, she had a panic attack, shaking so badly she could barely walk onto the tarmac when she landed in Guatemala City.\u003c/p>\n\u003cp>She said she went to stay with her sister, who had married an evangelical Christian. After a few days, however, she said her sister gave her some money and asked her to leave.\u003c/p>\n\u003cp>“You don’t have a home with me as a sister,” Luna remembered her saying. “Only as a brother.”\u003c/p>\n\u003cp>\u003cstrong>November 2018\u003c/strong>\u003c/p>\n\u003cp>Luna had left Guatemala and had gradually made her way back to the U.S.-Mexico border, hoping to find her way to California again. We met Luna while she was staying at \u003ca href=\"https://www.facebook.com/CasadelMigranteTijuana/\">Casa del Migrante\u003c/a>, a migrant shelter in Tijuana.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Luna Guzmán\"]‘I am a transgender woman. I’m not going to live dressed as a boy my whole life. One day soon I want everyone who knows me to say, “Luna made it. She fought for her dreams and they came true.”‘[/pullquote]\u003c/p>\n\u003cp>She said she was trying to make it as a dishwasher in a restaurant where the owner kept making homophobic comments. She was also scrambling to find a clinic to get her HIV medication without a Mexican ID.\u003c/p>\n\u003cp>The soles of her tennis shoes were wearing thin, and she was wearing a soccer jersey, her hair buzzed short.\u003c/p>\n\u003cp>“I am a transgender woman. I’m not going to live dressed as a boy my whole life,” Luna told us. “One day soon I want everyone who knows me to say, ‘Luna made it. She fought for her dreams and they came true.’ ”\u003c/p>\n\u003cfigure id=\"attachment_11846832\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846832\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg\" alt=\"Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.”\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.” \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>January 2019\u003c/strong>\u003c/p>\n\u003cp>A month later, Luna messaged via WhatsApp to say she knew her dream of coming to California was probably over, because she had given up her asylum case the year before.\u003c/p>\n\u003cp>But then, a few weeks later, she sent a video of herself standing someplace windy, with the border wall far behind her.\u003c/p>\n\u003cp>“Look!” she exclaimed. “I crossed! I’ll see you in San Francisco, by the Golden Gate bridge, for a coffee.”\u003c/p>\n\u003cp>Then the WhatsApp feed went quiet for weeks.\u003c/p>\n\u003cp>\u003cstrong>February 2019\u003c/strong>\u003c/p>\n\u003cp>Finally, we got a collect call from Otay Mesa Detention Center. Over the scratchy phone line, Luna said she was in the same cell and the same bed where she had stayed the year before.\u003c/p>\n\u003cp>“I feel like a butterfly who’s had her wings cut off,” she said.\u003c/p>\n\u003ch3>\u003cstrong>‘I’ve Been a Prisoner in My Own Body, Now I’m a Prisoner Here’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 12, 2019\u003c/strong>\u003c/p>\n\u003cp>After Luna had been detained for about six weeks, ICE granted us permission to interview her in person at Otay Mesa.\u003c/p>\n\u003cp>We followed a guard to a waiting room with other families. A sign above one guard’s gray metal desk proclaimed “Hope is the anchor for the soul. Be grateful.”\u003c/p>\n\u003cp>When they called our names, we walked down past a heavy door, to where Luna sat in a tiny room. She wore blue crocs, brown socks and a blue uniform with “detainee” emblazoned on the back in white letters.\u003c/p>\n\u003cfigure id=\"attachment_11846827\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846827\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg\" alt=\"The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \u003ccite>(Erin Siegal McIntyre.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She looked gaunt and exhausted, but her eyes were still bright. Her hair was shorn super-short. She had to cut it all off after a bully hacked off a chunk of it with a razor, she said.\u003c/p>\n\u003cp>“He told me he couldn’t stand homosexuals and whipped out the razor,” she said. “He told me if I complained to the guards, it would be worse.”\u003c/p>\n\u003cp>Luna said that happened at the Metropolitan Correctional Facility, a federal jail in San Diego, where she had been held for about a week after Border Patrol agents picked her up. She was charged there with the federal crime of illegally reentering the U.S., after President Trump ramped up prosecutions under a “zero tolerance” policy.\u003c/p>\n\u003cp>But the sexual harassment at the ICE detention facility, she said, was even worse.\u003c/p>\n\u003cp>“Some people here, they touch your butt, your breasts, they look at you when you’re taking a shower,” she said. “They flash us. I don’t want to be here anymore. I know if I complain they won’t listen to me.”\u003c/p>\n\u003cp>Luna told us she couldn’t afford to buy shampoo or snacks from the detention center commissary. She said other inmates offered to buy them for her, in exchange for sexual favors.\u003c/p>\n\u003cp>“I’m not going to do something I don’t want to do for a cup of soup that costs 60 cents,” she said. “I’m not going to have sex with anyone here. There’s discrimination on the outside. But here, it’s a different world. It’s worse. … You have nowhere to go to get away from it. You’re trapped.”\u003c/p>\n\u003cp>A \u003ca href=\"https://www.americanprogress.org/issues/lgbtq-rights/news/2018/05/30/451294/ices-rejection-rules-placing-lgbt-immigrants-severe-risk-sexual-abuse/\">2018 study \u003c/a>found that LGBT immigrants are nearly 100 times more likely to be sexually harassed or assaulted in ICE detention.\u003c/p>\n\u003cp>“I’ve been a prisoner in my own body, I’m now a prisoner here,” Luna said.\u003c/p>\n\u003cp>She told us she didn’t want to cry in front of us. She wanted to be the strong person who had impressed us with her courage and tenacity when we met her in Tijuana four months earlier.\u003c/p>\n\u003cp>But after our interview, we peeked back through a window of the tiny room. Her head was on the table, and she was sobbing.\u003c/p>\n\u003cfigure id=\"attachment_11846828\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846828\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg\" alt=\"Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \u003ccite>(Erin Siegal McIntyre. )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Luna’s second stint in detention only lasted a couple months. ICE moved to deport her as soon as possible: She had re-entered the U.S. by climbing the border fence and violated the five-year bar on re-entry imposed on her when she was deported the first time. Now, she was barred from returning to the U.S. for 20 years.\u003c/p>\n\u003cp>This was her second time in detention, and she still had no lawyer. No one to tell her about an alternative to asylum — something called “\u003ca href=\"https://www.justia.com/lgbtq/immigration/transgender-rights/\">withholding of removal,\u003c/a>” which has allowed some transgender women from Central America to stay in the U.S.\u003c/p>\n\u003cp>“If she had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her,” said Love. “We might be talking about her now in 2020, enrolling in community college or, you know, getting her first apartment or, in fact, getting her legal permanent residence in the United States and having a green card. But instead, she was not provided with the due process that she was owed.”\u003c/p>\n\u003cp> \u003c/p>\n\u003ch3>\u003cstrong>‘It’s Not Safe For You To Stay in Guatemala’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 27, 2019\u003c/strong>\u003c/p>\n\u003cp>Luna was deported a second time to Guatemala City. KQED hired a film crew to meet her when she got off the plane.\u003c/p>\n\u003cp>She counted out four U.S. dollar bills from a plastic bag marked “personal property” — money she said she earned working in the laundry at the detention center. She brushed her hand over her face, as if to make it all go away.\u003c/p>\n\u003cp>Then she headed to \u003ca href=\"https://asociacionlambda.com/\">Asociación Lambda\u003c/a>, an LGBT organization in Guatemala City that helps deportees, but after hearing her story, an intake worker told Luna it was unsafe for her to stay in Guatemala.\u003c/p>\n\u003cp>“Your profile is very high risk,” he said.\u003c/p>\n\u003cp>He didn’t need to remind her about the \u003ca href=\"https://www.pri.org/stories/2020-02-13/ice-deported-trans-asylum-seeker-she-was-killed-el-salvador\">trans women who’ve been murdered\u003c/a> recently after being deported back to Central America. He also said he worried the traffickers from her hometown might have connections in Guatemala City and could track her down.\u003c/p>\n\u003cp>He arranged for a safe house in a secret location, but Luna decided to leave after just one night there. She refused to feel locked up again.\u003c/p>\n\u003cp>By now we’d been reporting on Luna’s story for five months. Some transgender California Report listeners in Modesto who heard one of the stories even reached out to her and sent her $80, money that helped her get out of Guatemala again and start another journey back to the border. They also put together a drag performance that they dedicated to her.\u003c/p>\n\u003cp>https://www.youtube.com/embed/XkR9vHtM9T8\u003c/p>\n\u003cp>\u003cstrong>April-July 2019\u003c/strong>\u003c/p>\n\u003cp>After a few more months, Luna found her way out of Guatemala and back to Mexico. She applied for a humanitarian visa to stay temporarily and found a job making tortillas in a restaurant in Tapachula. She met some new friends, other transgender migrants.\u003c/p>\n\u003cp>Soon, emboldened by her new friends, she decided to dress as a woman again, for dinner with them at a local cafe.\u003c/p>\n\u003cp>Then she called at 6 a.m. the next morning, crying. She said she had been raped by five armed men, who abducted her while she was waiting alone for a taxi after dinner. She said they beat her, kicking her in the kidneys, where she was recovering from a recent infection.\u003c/p>\n\u003cp>“Why is that every time I show the person I really am, does it go so wrong?” she sobbed. “Why is life so hard?”\u003c/p>\n\u003cp>She said she was too afraid to file a complaint with the Mexican police, that they would probably do nothing but laugh at her and say homophobic things. She sent me a Facebook post about the \u003ca href=\"https://www.diariodelsur.com.mx/local/gobierno-de-chiapas-complice-en-crimenes-de-odio-y-violencia-activistas-3949418.html\">death of a gay activist, Juan Ruiz Nicolas\u003c/a>, who was assassinated in Tapachula, the town where she was staying near the Guatemala border.\u003c/p>\n\u003cp>[pullquote size=\"small\" align=\"right\" citation=\"Allegra Love, attorney with Santa Fe Dreamers Project\"]‘If [Luna] had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her. We might be talking about her now in 2020, enrolling in community college … getting her first apartment or, in fact, getting her legal permanent residence in the United States.’[/pullquote]\u003c/p>\n\u003cp>Because she didn’t report the rape to anyone, it’s hard to confirm that Luna was assaulted. This is part of the paradox for asylum seekers. They’re expected to document and prove the horrible things that have happened to them, but all too often, the act of reporting these abuses could put them in more danger.\u003c/p>\n\u003cp>Of course, as journalists, we’ve done our best to vet her story. KQED even sued the Department of Homeland Security to obtain Luna’s records. But when it comes to what happened to Luna in Guatemala or Mexico, there’s no way to prove the trafficking and the violence. She’s been in transit so long, living on the street and in shelters, that she has little documentation of her life. Still, Luna’s story is consistent with what advocates and investigations into the treatment of transgender and \u003ca href=\"https://www.rollcall.com/2020/09/24/house-report-medical-neglect-falsified-records-harmed-detained-immigrants/\">HIV-positive immigration detainees\u003c/a> have found. Much of it is also echoed in her asylum application and in her health records.\u003c/p>\n\u003cp>Luna eventually received a temporary humanitarian visa and Mexican identification card, good for one year. The Mexican government sent her back to Tijuana, to a safe house for LGBT refugees called \u003ca href=\"https://casaarcoiris.org/en/\">Casa Arcoiris\u003c/a>, or rainbow house.\u003c/p>\n\u003cfigure id=\"attachment_11846833\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846833\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg\" alt=\"Luna Guzmán walks through Tijuana with friends from Casa Arco Iris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán walks through Tijuana with friends from Casa Arcoiris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2019\u003c/strong>\u003c/p>\n\u003cp>In October, we decided to visit her again in Tijuana to see how she was doing. But we couldn’t meet her at the safe house where she was staying, because they wanted to keep the location secret.\u003c/p>\n\u003cp>Instead, we met up with Luna and some of her new shelter-mates at a huge supermarket where they were shopping for dried beans, carrots and cabbage. They each took turns cooking a meal from their home country for the other residents.\u003c/p>\n\u003cp>One nonbinary friend from Honduras, who didn’t want to give their name for safety, said Luna is beloved in the house.\u003c/p>\n\u003cp>“Everybody loves her. She’s shared her history, so much we have in common,” they said. “We’ve become like family.”\u003c/p>\n\u003cp>That community, that stability, had changed things for Luna. She was wearing dresses and lipstick more often, laughing more with her new friends.\u003c/p>\n\u003cfigure id=\"attachment_11846825\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846825\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg\" alt=\"In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly.\" width=\"800\" height=\"632\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-1020x805.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-160x126.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych.jpg 1368w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly. \u003ccite>(Courtesy of Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But she got serious again when she took us to see the section of border fence where she crossed the last time she came to California. She pointed to squirrels and dragonflies flitting between the slats of the fence, between countries, without even knowing it.\u003c/p>\n\u003cp>“It’s only we humans that don’t have that freedom,” she said.\u003c/p>\n\u003cp>We asked what she thought about as she gazed through the bars of the fence to California.\u003c/p>\n\u003cp>“This wall kills your dreams. It takes away everything,” she said. “I told myself that when I climbed over this wall. I would leave my past behind. I would be reborn. That’s California, but I can’t get there. One day I will. It might be 2050, or 2100, but I will get there.”\u003c/p>\n\u003cfigure id=\"attachment_11846830\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846830\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg\" alt=\"Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>‘Thank You for Telling My Story’\u003c/h3>\n\u003cp>\u003cstrong>March 2020\u003c/strong>\u003c/p>\n\u003cp>When the COVID-19 outbreak arrived in Mexico, Luna left us a voicemail that she planned to shelter in place with a friend outside of Ensenada.\u003c/p>\n\u003cp>We talked about her relief that she was far away from the Otay Mesa Detention Center, which turned out to have one of the \u003ca href=\"https://www.kqed.org/news/11816707/man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say\">biggest outbreaks of COVID-19\u003c/a>. That, ironically, being deported may have saved her life.\u003c/p>\n\u003cp>On the other hand, if she had still been in detention, she might have been released to a sponsor in the U.S. — as some other transgender detainees have been — to avoid the risk of getting coronavirus.\u003c/p>\n\u003cp>But a month later, in April, Luna left a voice memo. Her breathing was so heavy and ragged it was hard to understand. She said she was in the ICU at the public hospital in Tijuana, sick with COVID-19. They were about to put her on a respirator.\u003c/p>\n\u003cp>“Thank you for everything,” she rasped. “For wanting to tell my story. Hopefully people will remember a little bit about me.”\u003c/p>\n\u003cp>Then, as has happened so many times over the last two years, the WhatsApp feed with Luna went quiet for weeks.\u003c/p>\n\u003cp>Finally, after several weeks in the hospital, Luna left another message from her hospital bed.\u003c/p>\n\u003cp>They had taken her off the ventilator.\u003c/p>\n\u003cp>“Oh God, I thought I was gonna die,” she breathed. “But nope, Luna, she’s still here, resisting everything. I’ve got a lot more life in me. A lot I still want to say.”\u003c/p>\n\u003cp>\u003cstrong>November 2020\u003c/strong>\u003c/p>\n\u003cp>Luna left us a voice message, saying the Mexican government just extended her humanitarian visa for another year. Still, it’s been difficult for her to work and pay her rent in Tijuana. She has lingering symptoms from COVID-19, including fatigue, difficulty breathing and sore vocal cords. Her immune system is also struggling to fight HIV. She’s worried her body isn’t strong enough to fight off another virus, so is staying at home as much as possible to avoid getting reinfected with COVID-19.\u003c/p>\n\u003cp>Luna also said she and other migrants are celebrating Joe Biden’s win and hoping that he will make good on his campaign pledge to “end President Trump’s detrimental asylum policies,” which included making it harder for LGBTQ migrants to seek protection.\u003c/p>\n\u003cp>Luna said she’s ready to try for asylum in the U.S. again if things change with the new administration.\u003c/p>\n\u003cp>“We’re warriors, and we’ve gotten through a lot of tough situations,” Luna said.\u003c/p>\n\u003cp>\u003cstrong>April 2021\u003c/strong>\u003c/p>\n\u003cp>Luna is still dealing with the after-effects of COVID-19. She gets out of breath easily and has to use an inhaler.\u003c/p>\n\u003cp>With the help of donations from listeners, she’s been able to find stable housing in Tijuana, where she’s working part time as a dishwasher. On April 8, Luna proudly graduated from a 12-week course in gardening, nutrition and cooking for migrants on the border.\u003c/p>\n\u003cp>https://twitter.com/Lareinaluna31/status/1380357337186140162?s=20\u003c/p>\n\u003cp>She’s sitting tight, waiting for a chance to work with an immigration lawyer to try to reopen her case. She said as more asylum seekers waiting at the border are getting a chance to present their claims, she’s hopeful the transgender migrants among them will find conditions in detention improved under the Biden administration.\u003c/p>\n\u003cp>\u003cstrong>May 2021\u003c/strong>\u003c/p>\n\u003cp>Luna calls and leaves a voice message, nearly shrieking with excitement. \u003c/p>\n\u003cp>“I am in the US! I am in San Diego. I was able to cross yesterday!”\u003c/p>\n\u003cp>This time, she had the help of an attorney, from the Oakland-based Transgender Law Center, who helped her with an application for humanitarian parole. And it was approved, allowing her to come into the United States while she waits for another chance to go in front of an immigration judge and ask for protection. \u003c/p>\n\u003cp>[aside postID=news_11876583 hero='https://ww2.kqed.org/app/uploads/sites/10/2021/06/Luna-Times-Square-1-1020x876.jpg']The Queer Detainee Empowerment Project in New York City agreed to sponsor Luna. They are helping her with housing, medical care and finding a lawyer to represent her in immigration court. \u003c/p>\n\u003cp>They sent her a plane ticket for travel from San Diego to JFK – and she boarded a flight May 17 after quarantining at a hotel in San Diego and taking a COVID test. \u003c/p>\n\u003cp>When she arrived in New York, a volunteer took her to a shelter that houses transgender women in Jamaica, Queens. She’ll eventually be able to get her own apartment, through a program in New York City that guarantees housing for people living with HIV. With her humanitarian parole status, Luna is eligible for Medicaid in New York, which can help her get HIV meds, hormones or eventually, gender-affirming surgery. QDEP can help her with English-language classes and mental health services, too. \u003c/p>\n\u003cp>She’ll still have to present her case in front of an immigration judge in New York. But this time, she’ll have a lawyer to represent her. With the pandemic, the backlog of immigration cases could take many months – even years to resolve.\u003c/p>\n\u003cp>While Luna is waiting, she can start to live the life she’s dreamed about. She’s been sending us videos of her dancing to street musicians in Times Square, and wearing her new pink high tops to take the subway.\u003c/p>\n\u003cp>“I’m living my dream, right?” Luna said in a recent voice message. “I may not be in California, but I am in New York. I know the universe will bring good things, and I’m going to be OK.”\u003c/p>\n\u003cp>\u003cem>This story was originally published on Dec. 4, 2020 and last updated on June 4, 2021.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This project was supported by a grant from the \u003ca href=\"https://www.iwmf.org/\">International Women’s Media Foundation\u003c/a>. Their Reporting Grants for Women’s Stories Program is funded by the Secular Society. Luna Guzmán’s voice in English in the audio documentary was performed by pioneering transgender actress \u003ca href=\"https://www.imdb.com/name/nm10656367/\">Zoey Luna.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11852044/una-mariposa-con-las-alas-rotas-la-busqueda-de-una-solicitante-de-asilo-transgenera-para-llegar-a-california\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003cem>Since \u003ca href=\"https://podcasts.apple.com/us/podcast/the-california-report-magazine/id1314750545?mt=2\">The California Report Magazine\u003c/a> first aired this documentary in December 2020, dozens of listeners reached out to help Luna Guzmán with messages of encouragement and support. In May, 2021, Luna was \u003ca href=\"https://www.kqed.org/news/11876583/living-my-dream-after-years-transgender-asylum-seeker-finally-makes-it-to-the-us\">finally able to make it to the US\u003c/a>, where she is now waiting for another chance to go before an immigration judge and ask for protection.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">W\u003c/span>\u003c/p>\u003cp>hen she turned 15, like so many girls in her town in Guatemala, Luna Guzmán celebrated with a quinceañera.\u003c/p>\n\u003cp>“My friend lent me the dress because she saw the way I used to cry every time we passed the dress shop on the way to school, with all those beautiful dresses,” she said in Spanish. “I would just press my hand up against the glass and stare at them for a long time.”\u003c/p>\n\u003cp>The dress she borrowed was turquoise, with a long skirt. She took off her tennies, put on heels and a tiara, and danced with her friends.\u003c/p>\n\u003cp>There was a cake, bottles of champagne and chambelanes, boys who dressed up in suits to escort her into the secret party at a friend’s house. No one was there from Luna’s family, because they couldn’t fathom her as a transgender girl.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Moments from that birthday party still linger in Luna’s memory as a time when she truly felt delight and freedom. It was something to be savored again and again as the next decade began to unfold, even as she put back on her soccer jerseys and tried to look like the boy she knew she wasn’t inside. Even as she dealt with brutal violence and decided to take a tremendous risk and leave everything behind in Guatemala to try to find a life in California. The memories were one place in the world where she could imagine being safe, being herself.\u003c/p>\n\u003cp>We first met Luna two years ago at a migrant shelter in Tijuana and have stayed in touch with her as she’s journeyed across the border, spent months in U.S. Immigration and Customs Enforcement detention, and sought shelter in Mexico. We’ve spent weeks frantically trying to reach her in an intensive care unit, after she left a voice message that she had been diagnosed with a severe case of COVID-19. “Thank you for telling my story,” she rasped through labored breaths, her voice barely recognizable. “If I die, I hope that one day people will remember something about me.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/8-aYksXNNUA'\n title='//www.youtube.com/embed/8-aYksXNNUA'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003ch3>\u003cstrong>‘Can’t You Change Your Son?’\u003c/strong>\u003c/h3>\n\u003cp>Luna grew up on the outskirts of a small city in Central Guatemala, in a house cobbled together from sticks and newspaper. Her mom sold french fries from a cart, and Luna helped care for her three siblings, including a brother with developmental disabilities. Her dad wasn’t part of her life.\u003c/p>\n\u003cp>She said she was a voracious reader, spending hours in the town library. At school she would play dress up with the other girls. Luna would transform into a butterfly, her wings made from pieces of cardboard she scavenged on the street.\u003c/p>\n\u003cp>“The teacher would always ask my mom, ‘Listen, can’t you change your son? Can you take him to a psychologist? A psychiatrist? It’s making my school look bad,’ ” she recalled.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Luna said her mom defended her at first. When she came out as gay at age 14, her mom gave a toast with some agua de jamaica. But as Luna got older, she said her mom disapproved of the dresses and the heels. Her son, dressing like a woman? For her, that went against nature. So Luna put back on the soccer jerseys and shorts.\u003c/p>\n\u003cp>“The hurtful things she said to me, I understand them better now,” said Luna. “She just wanted to protect me.”\u003c/p>\n\u003cfigure id=\"attachment_11849344\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849344\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg\" alt=\"Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman.\" width=\"800\" height=\"613\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-800x613.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1020x781.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-160x123.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2-1536x1177.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/RS45761__MG_2008_crop-qut_v2.jpg 1856w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán has spent most of her life fighting to be accepted as a transgender woman. She said she has often experienced brutal violence when she expresses her true gender identity as a woman. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2007\u003c/strong>\u003c/p>\n\u003cp>When Luna was 13, just on the cusp of adolescence, she said she was raped by an older man who was a neighbor.\u003c/p>\n\u003cp>“I would ask, why me? Tell me — if anyone is up there — explain it to me,” she sighed. “I still haven’t gotten an answer to this day.”\u003c/p>\n\u003cp>Soon after, Luna said she was trafficked into prostitution. Some powerful men in her town forced her into a trafficking ring. The clients? Older men who would pay hundreds of U.S. dollars to sleep with young boys and transgender girls.\u003c/p>\n\u003cp>\u003ca href=\"https://www.reuters.com/article/us-guatemala-humantrafficking/guatemala-closes-its-eyes-to-rampant-child-sex-trafficking-u-n-idUSKCN0YU29V\">Sex trafficking is rampant in Guatemala\u003c/a>, and the United Nations has denounced the shocking number of children forced into trafficking rings because of poverty.\u003c/p>\n\u003cp>But there was no one to help. The traffickers, Luna said, had connections with the police and top public officials in town. “If anyone tried to denounce them or file a complaint, they’d throw it in the trash,” she said.\u003c/p>\n\u003cp>Many of the kids trafficked in the ring, she said, were infected with sexually transmitted diseases. When she was 16, Luna said she found out she was HIV-positive. Harassment from people in town, who had already thrown rocks at her and told her to stay away from their children, intensified. Once, she remembered, some people beat her up so badly they broke her collarbone, telling her they wanted her to behave like a “real man.”\u003c/p>\n\u003cp>“My town is so small, there was no information about sexual orientation or HIV,” Luna said. “No information about anything. It’s so close-minded.”\u003c/p>\n\u003cp>When she turned 19, she said, she was still occasionally forced into sex work. But as she reached adulthood, she started to take some small steps to wrest back control of her life. She signed up for a training course to become a volunteer firefighter.\u003c/p>\n\u003cfigure id=\"attachment_11849342\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11849342\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg\" alt=\"Luna Guzmán worked as a fire fighter in her home town. She said she left the department after experiencing harassment and homophobic threats.\" width=\"800\" height=\"450\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-800x450.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-1020x574.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/IMG_0768_v3.jpg 1500w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán worked as a firefighter in her hometown. She said she left the department after experiencing harassment and homophobic threats. \u003ccite>(Cortesía de Luna Guzmán )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>November 2014\u003c/strong>\u003c/p>\n\u003cp>Luna graduated from the firefighting program. She felt powerful rescuing people from car accidents and hosing down burning buildings.\u003c/p>\n\u003cp>But then, she said, the other firefighters found out she was HIV-positive, and began taunting her with homophobic slurs.\u003c/p>\n\u003cp>She dreamed about a way out and set her sights on California. She’d seen videos of San Francisco’s massive pride parade. She knew in California she couldn’t be fired or evicted for being transgender, would have the right to get an ID in the name she wants to use, and use the restroom that matches her gender identity. She also hoped it was a place where she could earn enough money to pay for her transition.\u003c/p>\n\u003cp>\u003cstrong>January 2017 \u003c/strong>\u003c/p>\n\u003cp>Luna left her family, the fire department, the neighbors, the pimps. She was 22 years old.\u003c/p>\n\u003cp>She leaped onto that famous train migrants call \u003ca href=\"https://www.npr.org/sections/parallels/2014/06/05/318905712/riding-the-beast-across-mexico-to-the-u-s-border\">La Bestia\u003c/a>, or “the beast,” which travels north from Mexico’s southern border. She didn’t wear dresses on the journey. As she’s done for most of her life, she kept her hair short and wore men’s T-shirts and shorts, for safety.\u003c/p>\n\u003cfigure id=\"attachment_11849343\" class=\"wp-caption alignnone\" style=\"max-width: 694px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11849343\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg\" alt=\"Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \" width=\"694\" height=\"390\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2.jpg 694w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/12/LUNA-TRAIN-2019-03-30-12-57-30_cropped_v2-160x90.jpg 160w\" sizes=\"auto, (max-width: 694px) 100vw, 694px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán rides a train heading from Guatemala through Mexico in 2017. She traveled with several other LGBTQ migrants and said that at one point they were attacked by men armed with machetes. \u003ccite>(Cortesía de Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>\u003cstrong>Crossing the Border But Not Finding Safety \u003c/strong> \u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>August 2017\u003c/strong>\u003c/p>\n\u003cp>When Luna reached the U.S.-Mexico border crossing at Otay Mesa near San Diego, she told an officer she was running away from homophobic violence in Guatemala and was requesting asylum. But her hopes that she would feel protected as soon as she crossed into the U.S. vanished.\u003c/p>\n\u003cp>“They took me into some offices. About 30 minutes later, they arrested me. Put chains on my hands, my feet, my waist,” she recalled. “They treat you like a criminal, just for asking for help. It feels horrible, like you’re nothing.”\u003c/p>\n\u003cp>Border officials don’t decide on asylum requests — that happens later — but they are responsible for the transfer of detainees to ICE custody, where they’ll eventually speak with an asylum officer. However, border officials didn’t check the box on Luna’s intake form indicating that she identified as LGBT, nor the box indicating that she could be at increased risk of sexual abuse in detention.\u003c/p>\n\u003cfigure id=\"attachment_11846822\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846822\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png\" alt=\"U.S. Customs and Border Patrol “Detainee Assessment” form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \" width=\"800\" height=\"490\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-800x490.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-1020x624.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot-160x98.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Detainee-Assess-Form-screen-shot.png 1428w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">U.S. Customs and Border Protection ‘Detainee Assessment’ form dated Aug. 9, 2017. Although Luna Guzmán clearly told officials she feared homophobic violence, they did not check the box noting that she identified as LGBTQ. \u003ccite>(Solicitud de información bajo la Ley por la Libertad de la Información)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That’s where things started to go wrong for her. ICE eventually assigned Luna a bed in a crowded men’s unit at the Otay Mesa Detention Center.\u003c/p>\n\u003cp>Ten days after she arrived at the border asking for help, an asylum officer with U.S. Citizenship and Immigration Services conducted a “credible fear” interview. That’s when Luna told her she also dressed as a woman at times. The officer found her story credible.\u003c/p>\n\u003cp>A few weeks later, a transgender Latina organization based near Los Angeles called \u003ca href=\"https://www.facebook.com/LasCrisantemas/?ref=page_internal\">Las Crisantemas\u003c/a> sent a letter of support to the immigration court identifying Luna as a trans woman.\u003c/p>\n\u003cp>But Luna was never moved to a special detention unit for transgender women, despite the fact that in 2015 ICE had agreed to \u003ca href=\"https://www.ice.gov/news/releases/ice-issues-new-guidance-care-transgender-individuals-custody\">improve standards for transgender detainees\u003c/a>, including access to separate detention units away from the general population.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“They did not put her into the protective custody that is required by their own standards,” said Allegra Love, an attorney with the \u003ca href=\"http://www.santafedreamersproject.org/transdetention\">Santa Fe Dreamers Project\u003c/a>, which has represented hundreds of transgender women in detention over the last few years. She was never Luna’s lawyer, but we asked her to review Luna’s case after KQED sued ICE to obtain her immigration records.\u003c/p>\n\u003cp>“If someone expresses to them, ‘Hey, look, I am trans, I have gender dysphoria. I am not the gender you think I am,’ then the government has this responsibility acknowledged by their own hand to take that seriously and protect people from heightened danger,” said Love.\u003c/p>\n\u003cp>But Luna would spend months in the men’s unit before her asylum case could be fully heard — months when she said she was repeatedly harassed and belittled by the other detainees.\u003c/p>\n\u003cfigure id=\"attachment_11846829\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846829\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg\" alt=\"Layers of security fencing at Otay Mesa immigration Detention Facility just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45759__MG_0162-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Layers of security fencing at Otay Mesa Detention Center just east of San Diego, where Luna Guzmán was held for eight months while waiting to present her asylum claim. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>Backlogged Immigration Court, Long Months in Detention\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>November 2017\u003c/strong>\u003c/p>\n\u003cp>Luna appeared before immigration Judge Olga Attia, appointed to the immigration court in 2017 by former Attorney General Jeff Sessions. Luna was assigned an interpreter, but no lawyer. If she had wanted one, she would have had to find and pay for one herself.\u003c/p>\n\u003cp>In the audio recordings of her hearings at the immigration court, Luna told the judge she was worried about being detained for so long.\u003c/p>\n\u003cp>“I don’t always get the medicine I need for my chronic condition [HIV],” she said.\u003c/p>\n\u003cp>“Unfortunately, I don’t have jurisdiction over such matters,” Attia told her. “You need to bring this to the attention of the detention officers.”\u003c/p>\n\u003cp>\u003cstrong>January 2018\u003c/strong>\u003c/p>\n\u003cp>Luna was in detention for five months before she was able to officially present her asylum application to Judge Attia. Then the judge informed her there were no available appointments to hear the merits of her case for another five months.\u003c/p>\n\u003cp>\u003cstrong>February 2018\u003c/strong>\u003c/p>\n\u003cp>After six months in detention, Luna was eligible to get out on bond. ICE attorneys didn’t object as she had no criminal history. The judge set the bond at $4,500, but like many asylum seekers, she had no way to pay that kind of money.\u003c/p>\n\u003cp>Luna pleaded with the judge. “It’s hurting me, psychologically,” she said. “I’ve never been locked up, your honor.”\u003c/p>\n\u003cp>\u003cstrong>March 2018\u003c/strong>\u003c/p>\n\u003cp>Unable to tolerate being in detention in a men’s unit any longer, Luna did something she never expected to do. She gave up on her asylum case and asked to be deported right away.\u003c/p>\n\u003cp>“It’s been eight months since I was detained at the detention center, your honor,” she said through an interpreter. “I feel alone. I don’t have the words to explain to you.”\u003c/p>\n\u003cp>Even as Attia accepted the withdrawal of Luna’s asylum application, it wasn’t clear that the judge understood that Luna was transgender. Even after the interpreter explained that Luna was referring to herself in the feminine pronoun, Attia kept calling Luna “sir.”\u003c/p>\n\u003cp>“I can only imagine the loss of hope that someone experiences when they’re fleeing a country where the reason their life is in danger is because their institutions refuse to acknowledge who they are,” said Love, the attorney who has represented dozens of transgender detainees from Central America. “Then to arrive with a hopeful feeling in a place where they think they are going to have a different treatment, and then to have law enforcement officers and judges — officers of the court — immediately reject them as well.”\u003c/p>\n\u003cp>Even if Luna had decided to stay in detention and pursue her asylum claim, the odds were against her, especially without a lawyer. During the last year of the Obama administration, 55% of all asylum applications were denied. Under the Trump administration, those numbers jumped to a record high of 72% in 2020, according to data from \u003ca href=\"https://trac.syr.edu/whatsnew/email.201028.html\">Syracuse University’s TRAC project\u003c/a>.\u003c/p>\n\u003cp>For asylum seekers from Guatemala, the rate is even higher: 85.8% of those applications are denied.\u003c/p>\n\u003cp>\u003cstrong>April 2018\u003c/strong>\u003c/p>\n\u003cp>On the plane ICE chartered to transport Luna and other detainees back to Guatemala, she recalled, she had a panic attack, shaking so badly she could barely walk onto the tarmac when she landed in Guatemala City.\u003c/p>\n\u003cp>She said she went to stay with her sister, who had married an evangelical Christian. After a few days, however, she said her sister gave her some money and asked her to leave.\u003c/p>\n\u003cp>“You don’t have a home with me as a sister,” Luna remembered her saying. “Only as a brother.”\u003c/p>\n\u003cp>\u003cstrong>November 2018\u003c/strong>\u003c/p>\n\u003cp>Luna had left Guatemala and had gradually made her way back to the U.S.-Mexico border, hoping to find her way to California again. We met Luna while she was staying at \u003ca href=\"https://www.facebook.com/CasadelMigranteTijuana/\">Casa del Migrante\u003c/a>, a migrant shelter in Tijuana.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘I am a transgender woman. I’m not going to live dressed as a boy my whole life. One day soon I want everyone who knows me to say, “Luna made it. She fought for her dreams and they came true.”‘",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She said she was trying to make it as a dishwasher in a restaurant where the owner kept making homophobic comments. She was also scrambling to find a clinic to get her HIV medication without a Mexican ID.\u003c/p>\n\u003cp>The soles of her tennis shoes were wearing thin, and she was wearing a soccer jersey, her hair buzzed short.\u003c/p>\n\u003cp>“I am a transgender woman. I’m not going to live dressed as a boy my whole life,” Luna told us. “One day soon I want everyone who knows me to say, ‘Luna made it. She fought for her dreams and they came true.’ ”\u003c/p>\n\u003cfigure id=\"attachment_11846832\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846832\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg\" alt=\"Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.”\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45762__MG_2087-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands in front of a mural in Tijuana. As a child, she often dressed up as a butterfly. In detention, she said she felt like a “butterfly with its wings cut off.” \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>January 2019\u003c/strong>\u003c/p>\n\u003cp>A month later, Luna messaged via WhatsApp to say she knew her dream of coming to California was probably over, because she had given up her asylum case the year before.\u003c/p>\n\u003cp>But then, a few weeks later, she sent a video of herself standing someplace windy, with the border wall far behind her.\u003c/p>\n\u003cp>“Look!” she exclaimed. “I crossed! I’ll see you in San Francisco, by the Golden Gate bridge, for a coffee.”\u003c/p>\n\u003cp>Then the WhatsApp feed went quiet for weeks.\u003c/p>\n\u003cp>\u003cstrong>February 2019\u003c/strong>\u003c/p>\n\u003cp>Finally, we got a collect call from Otay Mesa Detention Center. Over the scratchy phone line, Luna said she was in the same cell and the same bed where she had stayed the year before.\u003c/p>\n\u003cp>“I feel like a butterfly who’s had her wings cut off,” she said.\u003c/p>\n\u003ch3>\u003cstrong>‘I’ve Been a Prisoner in My Own Body, Now I’m a Prisoner Here’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 12, 2019\u003c/strong>\u003c/p>\n\u003cp>After Luna had been detained for about six weeks, ICE granted us permission to interview her in person at Otay Mesa.\u003c/p>\n\u003cp>We followed a guard to a waiting room with other families. A sign above one guard’s gray metal desk proclaimed “Hope is the anchor for the soul. Be grateful.”\u003c/p>\n\u003cp>When they called our names, we walked down past a heavy door, to where Luna sat in a tiny room. She wore blue crocs, brown socks and a blue uniform with “detainee” emblazoned on the back in white letters.\u003c/p>\n\u003cfigure id=\"attachment_11846827\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846827\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg\" alt=\"The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45757__MG_0143-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The California Report’s Sasha Khokha interviews Luna Guzmán inside Otay Mesa Detention Center in March 2019. \u003ccite>(Erin Siegal McIntyre.)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>She looked gaunt and exhausted, but her eyes were still bright. Her hair was shorn super-short. She had to cut it all off after a bully hacked off a chunk of it with a razor, she said.\u003c/p>\n\u003cp>“He told me he couldn’t stand homosexuals and whipped out the razor,” she said. “He told me if I complained to the guards, it would be worse.”\u003c/p>\n\u003cp>Luna said that happened at the Metropolitan Correctional Facility, a federal jail in San Diego, where she had been held for about a week after Border Patrol agents picked her up. She was charged there with the federal crime of illegally reentering the U.S., after President Trump ramped up prosecutions under a “zero tolerance” policy.\u003c/p>\n\u003cp>But the sexual harassment at the ICE detention facility, she said, was even worse.\u003c/p>\n\u003cp>“Some people here, they touch your butt, your breasts, they look at you when you’re taking a shower,” she said. “They flash us. I don’t want to be here anymore. I know if I complain they won’t listen to me.”\u003c/p>\n\u003cp>Luna told us she couldn’t afford to buy shampoo or snacks from the detention center commissary. She said other inmates offered to buy them for her, in exchange for sexual favors.\u003c/p>\n\u003cp>“I’m not going to do something I don’t want to do for a cup of soup that costs 60 cents,” she said. “I’m not going to have sex with anyone here. There’s discrimination on the outside. But here, it’s a different world. It’s worse. … You have nowhere to go to get away from it. You’re trapped.”\u003c/p>\n\u003cp>A \u003ca href=\"https://www.americanprogress.org/issues/lgbtq-rights/news/2018/05/30/451294/ices-rejection-rules-placing-lgbt-immigrants-severe-risk-sexual-abuse/\">2018 study \u003c/a>found that LGBT immigrants are nearly 100 times more likely to be sexually harassed or assaulted in ICE detention.\u003c/p>\n\u003cp>“I’ve been a prisoner in my own body, I’m now a prisoner here,” Luna said.\u003c/p>\n\u003cp>She told us she didn’t want to cry in front of us. She wanted to be the strong person who had impressed us with her courage and tenacity when we met her in Tijuana four months earlier.\u003c/p>\n\u003cp>But after our interview, we peeked back through a window of the tiny room. Her head was on the table, and she was sobbing.\u003c/p>\n\u003cfigure id=\"attachment_11846828\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846828\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg\" alt=\"Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45758__MG_0156-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán puts her head down and cries after her interview with reporters Sasha Khokha and Erin Siegal McIntyre. \u003ccite>(Erin Siegal McIntyre. )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Luna’s second stint in detention only lasted a couple months. ICE moved to deport her as soon as possible: She had re-entered the U.S. by climbing the border fence and violated the five-year bar on re-entry imposed on her when she was deported the first time. Now, she was barred from returning to the U.S. for 20 years.\u003c/p>\n\u003cp>This was her second time in detention, and she still had no lawyer. No one to tell her about an alternative to asylum — something called “\u003ca href=\"https://www.justia.com/lgbtq/immigration/transgender-rights/\">withholding of removal,\u003c/a>” which has allowed some transgender women from Central America to stay in the U.S.\u003c/p>\n\u003cp>“If she had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her,” said Love. “We might be talking about her now in 2020, enrolling in community college or, you know, getting her first apartment or, in fact, getting her legal permanent residence in the United States and having a green card. But instead, she was not provided with the due process that she was owed.”\u003c/p>\n\u003cp> \u003c/p>\n\u003ch3>\u003cstrong>‘It’s Not Safe For You To Stay in Guatemala’\u003c/strong>\u003c/h3>\n\u003cp>\u003cstrong>March 27, 2019\u003c/strong>\u003c/p>\n\u003cp>Luna was deported a second time to Guatemala City. KQED hired a film crew to meet her when she got off the plane.\u003c/p>\n\u003cp>She counted out four U.S. dollar bills from a plastic bag marked “personal property” — money she said she earned working in the laundry at the detention center. She brushed her hand over her face, as if to make it all go away.\u003c/p>\n\u003cp>Then she headed to \u003ca href=\"https://asociacionlambda.com/\">Asociación Lambda\u003c/a>, an LGBT organization in Guatemala City that helps deportees, but after hearing her story, an intake worker told Luna it was unsafe for her to stay in Guatemala.\u003c/p>\n\u003cp>“Your profile is very high risk,” he said.\u003c/p>\n\u003cp>He didn’t need to remind her about the \u003ca href=\"https://www.pri.org/stories/2020-02-13/ice-deported-trans-asylum-seeker-she-was-killed-el-salvador\">trans women who’ve been murdered\u003c/a> recently after being deported back to Central America. He also said he worried the traffickers from her hometown might have connections in Guatemala City and could track her down.\u003c/p>\n\u003cp>He arranged for a safe house in a secret location, but Luna decided to leave after just one night there. She refused to feel locked up again.\u003c/p>\n\u003cp>By now we’d been reporting on Luna’s story for five months. Some transgender California Report listeners in Modesto who heard one of the stories even reached out to her and sent her $80, money that helped her get out of Guatemala again and start another journey back to the border. They also put together a drag performance that they dedicated to her.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/XkR9vHtM9T8'\n title='//www.youtube.com/embed/XkR9vHtM9T8'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>\u003cstrong>April-July 2019\u003c/strong>\u003c/p>\n\u003cp>After a few more months, Luna found her way out of Guatemala and back to Mexico. She applied for a humanitarian visa to stay temporarily and found a job making tortillas in a restaurant in Tapachula. She met some new friends, other transgender migrants.\u003c/p>\n\u003cp>Soon, emboldened by her new friends, she decided to dress as a woman again, for dinner with them at a local cafe.\u003c/p>\n\u003cp>Then she called at 6 a.m. the next morning, crying. She said she had been raped by five armed men, who abducted her while she was waiting alone for a taxi after dinner. She said they beat her, kicking her in the kidneys, where she was recovering from a recent infection.\u003c/p>\n\u003cp>“Why is that every time I show the person I really am, does it go so wrong?” she sobbed. “Why is life so hard?”\u003c/p>\n\u003cp>She said she was too afraid to file a complaint with the Mexican police, that they would probably do nothing but laugh at her and say homophobic things. She sent me a Facebook post about the \u003ca href=\"https://www.diariodelsur.com.mx/local/gobierno-de-chiapas-complice-en-crimenes-de-odio-y-violencia-activistas-3949418.html\">death of a gay activist, Juan Ruiz Nicolas\u003c/a>, who was assassinated in Tapachula, the town where she was staying near the Guatemala border.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘If [Luna] had partnered with a skilled asylum lawyer, we would be having a really different conversation right now about her. We might be talking about her now in 2020, enrolling in community college … getting her first apartment or, in fact, getting her legal permanent residence in the United States.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Because she didn’t report the rape to anyone, it’s hard to confirm that Luna was assaulted. This is part of the paradox for asylum seekers. They’re expected to document and prove the horrible things that have happened to them, but all too often, the act of reporting these abuses could put them in more danger.\u003c/p>\n\u003cp>Of course, as journalists, we’ve done our best to vet her story. KQED even sued the Department of Homeland Security to obtain Luna’s records. But when it comes to what happened to Luna in Guatemala or Mexico, there’s no way to prove the trafficking and the violence. She’s been in transit so long, living on the street and in shelters, that she has little documentation of her life. Still, Luna’s story is consistent with what advocates and investigations into the treatment of transgender and \u003ca href=\"https://www.rollcall.com/2020/09/24/house-report-medical-neglect-falsified-records-harmed-detained-immigrants/\">HIV-positive immigration detainees\u003c/a> have found. Much of it is also echoed in her asylum application and in her health records.\u003c/p>\n\u003cp>Luna eventually received a temporary humanitarian visa and Mexican identification card, good for one year. The Mexican government sent her back to Tijuana, to a safe house for LGBT refugees called \u003ca href=\"https://casaarcoiris.org/en/\">Casa Arcoiris\u003c/a>, or rainbow house.\u003c/p>\n\u003cfigure id=\"attachment_11846833\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846833\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg\" alt=\"Luna Guzmán walks through Tijuana with friends from Casa Arco Iris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45763__MG_2127-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán walks through Tijuana with friends from Casa Arcoiris, a shelter for LGBTQ refugees from around the world waiting in Mexico to seek asylum in the U.S. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cstrong>October 2019\u003c/strong>\u003c/p>\n\u003cp>In October, we decided to visit her again in Tijuana to see how she was doing. But we couldn’t meet her at the safe house where she was staying, because they wanted to keep the location secret.\u003c/p>\n\u003cp>Instead, we met up with Luna and some of her new shelter-mates at a huge supermarket where they were shopping for dried beans, carrots and cabbage. They each took turns cooking a meal from their home country for the other residents.\u003c/p>\n\u003cp>One nonbinary friend from Honduras, who didn’t want to give their name for safety, said Luna is beloved in the house.\u003c/p>\n\u003cp>“Everybody loves her. She’s shared her history, so much we have in common,” they said. “We’ve become like family.”\u003c/p>\n\u003cp>That community, that stability, had changed things for Luna. She was wearing dresses and lipstick more often, laughing more with her new friends.\u003c/p>\n\u003cfigure id=\"attachment_11846825\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846825\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg\" alt=\"In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly.\" width=\"800\" height=\"632\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-800x632.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-1020x805.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych-160x126.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/Luna_diptych.jpg 1368w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">In Tijuana, Luna Guzmán has been able to express and explore her gender identity more openly. \u003ccite>(Courtesy of Luna Guzmán)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But she got serious again when she took us to see the section of border fence where she crossed the last time she came to California. She pointed to squirrels and dragonflies flitting between the slats of the fence, between countries, without even knowing it.\u003c/p>\n\u003cp>“It’s only we humans that don’t have that freedom,” she said.\u003c/p>\n\u003cp>We asked what she thought about as she gazed through the bars of the fence to California.\u003c/p>\n\u003cp>“This wall kills your dreams. It takes away everything,” she said. “I told myself that when I climbed over this wall. I would leave my past behind. I would be reborn. That’s California, but I can’t get there. One day I will. It might be 2050, or 2100, but I will get there.”\u003c/p>\n\u003cfigure id=\"attachment_11846830\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11846830\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg\" alt=\"Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/RS45760__MG_1096-qut.jpg 1920w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Luna Guzmán stands at the border fence in Tijuana, at the section she had climbed across in January 2019 during her second attempt to immigrate to California. She had been deported the year before after giving up her asylum claim, unable to withstand long months of detention and sexual harassment at the detention center. \u003ccite>(Erin Siegal McIntyre)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>‘Thank You for Telling My Story’\u003c/h3>\n\u003cp>\u003cstrong>March 2020\u003c/strong>\u003c/p>\n\u003cp>When the COVID-19 outbreak arrived in Mexico, Luna left us a voicemail that she planned to shelter in place with a friend outside of Ensenada.\u003c/p>\n\u003cp>We talked about her relief that she was far away from the Otay Mesa Detention Center, which turned out to have one of the \u003ca href=\"https://www.kqed.org/news/11816707/man-dies-of-covid-19-in-san-diego-ice-detention-center-lawyers-say\">biggest outbreaks of COVID-19\u003c/a>. That, ironically, being deported may have saved her life.\u003c/p>\n\u003cp>On the other hand, if she had still been in detention, she might have been released to a sponsor in the U.S. — as some other transgender detainees have been — to avoid the risk of getting coronavirus.\u003c/p>\n\u003cp>But a month later, in April, Luna left a voice memo. Her breathing was so heavy and ragged it was hard to understand. She said she was in the ICU at the public hospital in Tijuana, sick with COVID-19. They were about to put her on a respirator.\u003c/p>\n\u003cp>“Thank you for everything,” she rasped. “For wanting to tell my story. Hopefully people will remember a little bit about me.”\u003c/p>\n\u003cp>Then, as has happened so many times over the last two years, the WhatsApp feed with Luna went quiet for weeks.\u003c/p>\n\u003cp>Finally, after several weeks in the hospital, Luna left another message from her hospital bed.\u003c/p>\n\u003cp>They had taken her off the ventilator.\u003c/p>\n\u003cp>“Oh God, I thought I was gonna die,” she breathed. “But nope, Luna, she’s still here, resisting everything. I’ve got a lot more life in me. A lot I still want to say.”\u003c/p>\n\u003cp>\u003cstrong>November 2020\u003c/strong>\u003c/p>\n\u003cp>Luna left us a voice message, saying the Mexican government just extended her humanitarian visa for another year. Still, it’s been difficult for her to work and pay her rent in Tijuana. She has lingering symptoms from COVID-19, including fatigue, difficulty breathing and sore vocal cords. Her immune system is also struggling to fight HIV. She’s worried her body isn’t strong enough to fight off another virus, so is staying at home as much as possible to avoid getting reinfected with COVID-19.\u003c/p>\n\u003cp>Luna also said she and other migrants are celebrating Joe Biden’s win and hoping that he will make good on his campaign pledge to “end President Trump’s detrimental asylum policies,” which included making it harder for LGBTQ migrants to seek protection.\u003c/p>\n\u003cp>Luna said she’s ready to try for asylum in the U.S. again if things change with the new administration.\u003c/p>\n\u003cp>“We’re warriors, and we’ve gotten through a lot of tough situations,” Luna said.\u003c/p>\n\u003cp>\u003cstrong>April 2021\u003c/strong>\u003c/p>\n\u003cp>Luna is still dealing with the after-effects of COVID-19. She gets out of breath easily and has to use an inhaler.\u003c/p>\n\u003cp>With the help of donations from listeners, she’s been able to find stable housing in Tijuana, where she’s working part time as a dishwasher. On April 8, Luna proudly graduated from a 12-week course in gardening, nutrition and cooking for migrants on the border.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>She’s sitting tight, waiting for a chance to work with an immigration lawyer to try to reopen her case. She said as more asylum seekers waiting at the border are getting a chance to present their claims, she’s hopeful the transgender migrants among them will find conditions in detention improved under the Biden administration.\u003c/p>\n\u003cp>\u003cstrong>May 2021\u003c/strong>\u003c/p>\n\u003cp>Luna calls and leaves a voice message, nearly shrieking with excitement. \u003c/p>\n\u003cp>“I am in the US! I am in San Diego. I was able to cross yesterday!”\u003c/p>\n\u003cp>This time, she had the help of an attorney, from the Oakland-based Transgender Law Center, who helped her with an application for humanitarian parole. And it was approved, allowing her to come into the United States while she waits for another chance to go in front of an immigration judge and ask for protection. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Queer Detainee Empowerment Project in New York City agreed to sponsor Luna. They are helping her with housing, medical care and finding a lawyer to represent her in immigration court. \u003c/p>\n\u003cp>They sent her a plane ticket for travel from San Diego to JFK – and she boarded a flight May 17 after quarantining at a hotel in San Diego and taking a COVID test. \u003c/p>\n\u003cp>When she arrived in New York, a volunteer took her to a shelter that houses transgender women in Jamaica, Queens. She’ll eventually be able to get her own apartment, through a program in New York City that guarantees housing for people living with HIV. With her humanitarian parole status, Luna is eligible for Medicaid in New York, which can help her get HIV meds, hormones or eventually, gender-affirming surgery. QDEP can help her with English-language classes and mental health services, too. \u003c/p>\n\u003cp>She’ll still have to present her case in front of an immigration judge in New York. But this time, she’ll have a lawyer to represent her. With the pandemic, the backlog of immigration cases could take many months – even years to resolve.\u003c/p>\n\u003cp>While Luna is waiting, she can start to live the life she’s dreamed about. She’s been sending us videos of her dancing to street musicians in Times Square, and wearing her new pink high tops to take the subway.\u003c/p>\n\u003cp>“I’m living my dream, right?” Luna said in a recent voice message. “I may not be in California, but I am in New York. I know the universe will bring good things, and I’m going to be OK.”\u003c/p>\n\u003cp>\u003cem>This story was originally published on Dec. 4, 2020 and last updated on June 4, 2021.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This project was supported by a grant from the \u003ca href=\"https://www.iwmf.org/\">International Women’s Media Foundation\u003c/a>. Their Reporting Grants for Women’s Stories Program is funded by the Secular Society. Luna Guzmán’s voice in English in the audio documentary was performed by pioneering transgender actress \u003ca href=\"https://www.imdb.com/name/nm10656367/\">Zoey Luna.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Biden Administration Considers Overhaul of Asylum System at Southern Border",
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"content": "\u003cp>\u003cem>Updated April 1, 2021 at 11:43 AM ET\u003c/em>\u003c/p>\n\u003cp>President Biden's top advisers promise \"long-needed systemic reforms\" to address a backlog of more than 1 million asylum cases in the immigration court system, which often keeps people applying for asylum waiting years to resolve their cases. That could mean some big changes to how asylum cases are processed at the southern border.\u003c/p>\n\u003cp>The plan the Biden administration is considering to speed up the process would take some asylum cases from the southern border out of the hands of the overloaded immigration courts under the Department of Justice. Instead, it would handle them under the purview of the Department of Homeland Security, where asylum officers already process tens of thousands of cases a year, two people familiar with the discussions who were not authorized to speak about administration plans told NPR exclusively.\u003c/p>\n\u003cp>Those familiar with the discussions say one outcome of this plan could be to discourage unauthorized migration. That's because currently those who can argue for a certain fear of persecution are able to gain temporary residence and often a work permit as they wait out their cases. [aside tag=\"immigration\" label=\"more coverage\"]\u003c/p>\n\u003cp>\"The big flaw in the system right now is your family comes in, they're going to process you, you may end up with an ankle bracelet and an asylum hearing in three years,\" said a source familiar with the discussions. \"And so it's really hard to explain to the country that it's not just an open door.\"\u003c/p>\n\u003cp>Homeland Security Secretary Alejandro Mayorkas seemed to tease the plan earlier this month, promising to reengineer the asylum system.\u003c/p>\n\u003cp>\"We will shorten from years to months the time it takes to adjudicate an asylum claim while ensuring procedural safeguards and enhancing access to counsel,\" Mayorkas said in a statement.\u003c/p>\n\u003cp>There are currently about \u003ca href=\"https://www.justice.gov/eoir/page/file/1242156/download\">530 judges\u003c/a> in the immigration courts that handle a caseload that is now backed up \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">to more than 1.2 million cases\u003c/a>, according to the Justice Department. Meanwhile, the asylum office that could take on some of those cases under this plan has about 860 officers and a pending caseload of about 350,000, \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/20_0630_cisomb-2020-annual-report-to-congress.pdf\">according to the Department of Homeland Security.\u003c/a>\u003c/p>\n\u003cp>\"So it's a much more flexible system,\" said Doris Meissner, a former commissioner of the Immigration and Naturalization Service during the Clinton administration.\u003c/p>\n\u003cp>The plan the Biden administration is considering \u003ca href=\"https://www.migrationpolicy.org/research/us-asylum-system-crisis-charting-way-forward\">is based largely on the one\u003c/a> authored by Meissner, who is now a senior fellow at the Migration Policy Institute. Biden endorsed the plan when he was running for president.\u003c/p>\n\u003cp>Meissner says the majority of Central Americans who arrive at the border are not going to be eligible for asylum, but some percentage will be eligible.\u003c/p>\n\u003cp>\"And so that means that they would be able to get the protection they need in a prompt fashion, get on with their lives,\" Meissner said. \"And then, of course, it's the responsibility of the government to return those people who are not eligible unless that migrant wants to appeal.\"\u003c/p>\n\u003cp>She says the administration could dramatically reduce the caseload by making a regulatory change to allow cases along the border to be handled by asylum officers in the Department of Homeland Security instead of the immigration courts.\u003c/p>\n\u003cp>Meissner and her colleagues say problems with the system were exacerbated by the Trump administration, which expanded controversial programs that fast-tracked the return of asylum-seekers at the southern border. [ad fullwidth]\u003c/p>\n\u003cp>The number of cases in the immigration courts has exploded over the past decade \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">from more than 262,000 in 2010 to 1.26 million in 2020\u003c/a>. Meanwhile, just over 231,000 cases were completed in 2020.\u003c/p>\n\u003cp>Currently, asylum officers for border cases are in charge of making credible-fear decisions, but then refer the cases to immigration courts.\u003c/p>\n\u003cp>However, Meissner points out that asylum officers are already doing fuller reviews, including granting asylum for tens of thousands of people who already are in the United States.\u003c/p>\n\u003cp>\"Asylum officers do exactly this work for cases that arise in other parts of the country, except at the southern border, because of this way that the statutes were written that didn't anticipate cases across the southern border,\" she said.\u003c/p>\n\u003cp>In 2019, asylum officers granted asylum to nearly 30,000 applicants from places such as Venezuela, China, Egypt, Turkey and Russia.\u003c/p>\n\u003cp>This included grants of asylum to more than 3,200 applicants from Mexico, Guatemala, El Salvador and Honduras who were already in the U.S. when they applied.\u003c/p>\n\u003cp>Advocates say they welcome a more efficient system, provided changes are not used as a way to expedite removals as the Trump administration did.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Eleanor Acer, Human Rights First']'The massive backlog must be dealt with ... But the answer to that problem is not to deprive asylum-seekers of due process and a fair hearing, or to weaponize the asylum process to try to deter other people from seeking U.S. protection.'[/pullquote]\u003c/p>\n\u003cp>Eleanor Acer of Human Rights First says there are a host of reasons to allow asylum officers to conduct the first set of interviews and reduce the numbers, but she says it's important that applicants have a chance to appeal to the court before being removed.\u003c/p>\n\u003cp>\"The massive backlog must be dealt with,\" she said. \"But the answer to that problem is not to deprive asylum-seekers of due process and a fair hearing, or to weaponize the asylum process to try to deter other people from seeking U.S. protection.\"\u003c/p>\n\u003cp>The Biden administration has already ended two of the Trump administration's programs, the Prompt Asylum Case Review and the Humanitarian Asylum Review Program, that were designed to quickly return Mexican and Central American asylum-seekers suspected of having invalid claims.\u003c/p>\n\u003cp>Department of Homeland Security officials declined to discuss plans to shift border cases to the asylum division.\u003c/p>\n\u003cp>But an administration official said last week they are now working on a number of policies and regulations to create \"a better functioning asylum system.\"\u003c/p>\n\u003cp>That includes establishing refugee processing in the region and strengthening other countries' asylum systems.\u003c/p>\n\u003cp>Biden also resurrected the Central American Minors program that reunited children with parents who are in the United States legally.\u003c/p>\n\u003cp>The Biden administration is now seeking to \"pick up the pieces\" after the Trump administration, with a different set of policies that abide by U.S. law but also international obligations, Meissner said.\u003c/p>\n\u003cp>\"We need to have access to asylum,\" Meissner said, \"but it needs to be done in a way that can be prompt and fair, not in a way that leads to waits of years and years and court backlogs.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Biden+Administration+Considers+Overhaul+Of+Asylum+System+At+Southern+Border&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Officials are trying to shrink the timetable for many asylum cases from 'years to months.' That could benefit people with legitimate asylum claims and discourage some unauthorized migration.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated April 1, 2021 at 11:43 AM ET\u003c/em>\u003c/p>\n\u003cp>President Biden's top advisers promise \"long-needed systemic reforms\" to address a backlog of more than 1 million asylum cases in the immigration court system, which often keeps people applying for asylum waiting years to resolve their cases. That could mean some big changes to how asylum cases are processed at the southern border.\u003c/p>\n\u003cp>The plan the Biden administration is considering to speed up the process would take some asylum cases from the southern border out of the hands of the overloaded immigration courts under the Department of Justice. Instead, it would handle them under the purview of the Department of Homeland Security, where asylum officers already process tens of thousands of cases a year, two people familiar with the discussions who were not authorized to speak about administration plans told NPR exclusively.\u003c/p>\n\u003cp>Those familiar with the discussions say one outcome of this plan could be to discourage unauthorized migration. That's because currently those who can argue for a certain fear of persecution are able to gain temporary residence and often a work permit as they wait out their cases. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The big flaw in the system right now is your family comes in, they're going to process you, you may end up with an ankle bracelet and an asylum hearing in three years,\" said a source familiar with the discussions. \"And so it's really hard to explain to the country that it's not just an open door.\"\u003c/p>\n\u003cp>Homeland Security Secretary Alejandro Mayorkas seemed to tease the plan earlier this month, promising to reengineer the asylum system.\u003c/p>\n\u003cp>\"We will shorten from years to months the time it takes to adjudicate an asylum claim while ensuring procedural safeguards and enhancing access to counsel,\" Mayorkas said in a statement.\u003c/p>\n\u003cp>There are currently about \u003ca href=\"https://www.justice.gov/eoir/page/file/1242156/download\">530 judges\u003c/a> in the immigration courts that handle a caseload that is now backed up \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">to more than 1.2 million cases\u003c/a>, according to the Justice Department. Meanwhile, the asylum office that could take on some of those cases under this plan has about 860 officers and a pending caseload of about 350,000, \u003ca href=\"https://www.dhs.gov/sites/default/files/publications/20_0630_cisomb-2020-annual-report-to-congress.pdf\">according to the Department of Homeland Security.\u003c/a>\u003c/p>\n\u003cp>\"So it's a much more flexible system,\" said Doris Meissner, a former commissioner of the Immigration and Naturalization Service during the Clinton administration.\u003c/p>\n\u003cp>The plan the Biden administration is considering \u003ca href=\"https://www.migrationpolicy.org/research/us-asylum-system-crisis-charting-way-forward\">is based largely on the one\u003c/a> authored by Meissner, who is now a senior fellow at the Migration Policy Institute. Biden endorsed the plan when he was running for president.\u003c/p>\n\u003cp>Meissner says the majority of Central Americans who arrive at the border are not going to be eligible for asylum, but some percentage will be eligible.\u003c/p>\n\u003cp>\"And so that means that they would be able to get the protection they need in a prompt fashion, get on with their lives,\" Meissner said. \"And then, of course, it's the responsibility of the government to return those people who are not eligible unless that migrant wants to appeal.\"\u003c/p>\n\u003cp>She says the administration could dramatically reduce the caseload by making a regulatory change to allow cases along the border to be handled by asylum officers in the Department of Homeland Security instead of the immigration courts.\u003c/p>\n\u003cp>Meissner and her colleagues say problems with the system were exacerbated by the Trump administration, which expanded controversial programs that fast-tracked the return of asylum-seekers at the southern border. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The number of cases in the immigration courts has exploded over the past decade \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">from more than 262,000 in 2010 to 1.26 million in 2020\u003c/a>. Meanwhile, just over 231,000 cases were completed in 2020.\u003c/p>\n\u003cp>Currently, asylum officers for border cases are in charge of making credible-fear decisions, but then refer the cases to immigration courts.\u003c/p>\n\u003cp>However, Meissner points out that asylum officers are already doing fuller reviews, including granting asylum for tens of thousands of people who already are in the United States.\u003c/p>\n\u003cp>\"Asylum officers do exactly this work for cases that arise in other parts of the country, except at the southern border, because of this way that the statutes were written that didn't anticipate cases across the southern border,\" she said.\u003c/p>\n\u003cp>In 2019, asylum officers granted asylum to nearly 30,000 applicants from places such as Venezuela, China, Egypt, Turkey and Russia.\u003c/p>\n\u003cp>This included grants of asylum to more than 3,200 applicants from Mexico, Guatemala, El Salvador and Honduras who were already in the U.S. when they applied.\u003c/p>\n\u003cp>Advocates say they welcome a more efficient system, provided changes are not used as a way to expedite removals as the Trump administration did.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Eleanor Acer of Human Rights First says there are a host of reasons to allow asylum officers to conduct the first set of interviews and reduce the numbers, but she says it's important that applicants have a chance to appeal to the court before being removed.\u003c/p>\n\u003cp>\"The massive backlog must be dealt with,\" she said. \"But the answer to that problem is not to deprive asylum-seekers of due process and a fair hearing, or to weaponize the asylum process to try to deter other people from seeking U.S. protection.\"\u003c/p>\n\u003cp>The Biden administration has already ended two of the Trump administration's programs, the Prompt Asylum Case Review and the Humanitarian Asylum Review Program, that were designed to quickly return Mexican and Central American asylum-seekers suspected of having invalid claims.\u003c/p>\n\u003cp>Department of Homeland Security officials declined to discuss plans to shift border cases to the asylum division.\u003c/p>\n\u003cp>But an administration official said last week they are now working on a number of policies and regulations to create \"a better functioning asylum system.\"\u003c/p>\n\u003cp>That includes establishing refugee processing in the region and strengthening other countries' asylum systems.\u003c/p>\n\u003cp>Biden also resurrected the Central American Minors program that reunited children with parents who are in the United States legally.\u003c/p>\n\u003cp>The Biden administration is now seeking to \"pick up the pieces\" after the Trump administration, with a different set of policies that abide by U.S. law but also international obligations, Meissner said.\u003c/p>\n\u003cp>\"We need to have access to asylum,\" Meissner said, \"but it needs to be done in a way that can be prompt and fair, not in a way that leads to waits of years and years and court backlogs.\"\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2021 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Biden+Administration+Considers+Overhaul+Of+Asylum+System+At+Southern+Border&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "‘Everybody’s Hoping to See You at Their Door’: Lila Downs Honors Essential Workers Through Song",
"title": "‘Everybody’s Hoping to See You at Their Door’: Lila Downs Honors Essential Workers Through Song",
"headTitle": "The California Report Magazine | KQED News",
"content": "\u003cp>It's been more than a year since the pandemic began. And while some Californians are looking back at a year of working from home and ordering groceries online, essential workers are marking a year of risking their lives to stock grocery shelves, work in restaurant kitchens or to harvest crops. And COVID-19 has taken an especially heavy toll on migrant farmworkers in the state.\u003c/p>\n\u003cp>\"This time has been more difficult,\" says Nicolasa González, an Indigenous Mixteca farmworker who lives in Fresno. \"We need to protect ourselves, but some of my co-workers have gotten sick.\"\u003c/p>\n\u003cp>Like González, musician Lila Downs has Indigenous roots in the Mexican state of Oaxaca. She's released a new song to honor essential workers called “Dark Eyes.\" The lyrics reflect on people locked inside their homes who are \"waiting for the dark eyes outside\" to deliver food and packages, saying \"everybody's hoping to see you at their door.\"\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=bdC2gE3SNWw\u003c/p>\n\u003cp>“You see the harsh way that sometimes people are treated in the U.S.,” Downs \u003ca href=\"https://www.npr.org/2021/01/20/958437186/lila-downs-new-song-is-about-indigenous-workers-invisible-labor\">told NPR in a recent interview\u003c/a>. “There still is a lot of discrimination and racism, and it's a difficult thing to face, especially when they are the people who are providing our food.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Proceeds from the song will benefit the \u003ca href=\"https://www.centrobinacional.org\">Centro Binacional para el Desarrollo Indígena Oaxaqueño\u003c/a> (CBDIO), a nonprofit based in Fresno that advocates for Indigenous migrant communities living throughout the Central Valley and Central Coast.\u003c/p>\n\u003cp>Sarait Martinez, CBDIO's executive director, says Indigenous immigrants from Oaxaca are crucial to the agriculture industry and keeping California fed.\u003c/p>\n\u003cp>“It’s not a coincidence that [Indigenous people] work in agriculture, because we know how to take care of the land and produce our food,” says Martinez, who is Zapoteca. “It’s because of [farmworkers] that we continue to have food on our tables.”\u003c/p>\n\u003cfigure id=\"attachment_11866139\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11866139\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-1536x1031.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-2048x1374.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-1920x1289.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Manuel Ortiz’s hands show a lifetime of work. Ortiz came to the U.S. from Mexico as a bracero in the late 1950s, and spent decades working on farms in California and Washington. \u003ccite>(David Bacon)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, farmworkers like González worry about getting sick on the job and losing wages as a result.\u003c/p>\n\u003cp>\"If that happens to me, how will I make enough to pay rent?\" says González, who harvests bell peppers and table grapes each season.\u003c/p>\n\u003cp>According to a \u003ca href=\"https://www.cirsinc.org/phocadownload/farmworker_vulnerability_covid-19_research-report_final_villarejo_07-26-2020.pdf\">study last year by the California Institute for Rural Studies\u003c/a>, agricultural workers in Monterey County were infected by COVID-19 at rates three times higher than non-agricultural workers. Meanwhile, \u003ca href=\"https://cerch.berkeley.edu/sites/default/files/ucb_csvs_white_paper_12_01_20_final_compressed.pdf\">a study from UC Berkeley\u003c/a> that followed 1,091 participants in the Salinas Valley found that farmworkers with lower levels of education or who spoke an Indigenous language had a higher test positivity rate of 23% for COVID-19.\u003c/p>\n\u003cp>Martinez says that language accessibility is key to keeping people safe. Proceeds from the song have helped CBDIO provide workers with information on testing and vaccine sites, in Indigenous languages like Zapoteco and Mixteco.\u003c/p>\n\u003cfigure id=\"attachment_11866140\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11866140\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-1536x1031.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-2048x1374.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-1920x1289.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A farmworker named Petra tosses the pluots into a bag held on her shoulders by a harness. When the bag is full, it can weigh 40 to 50 pounds. In July, the temperature rises to over 105 degrees. It seems counterintuitive, but farmworkers dress in multiple layers of clothing because it provides insulation from the heat. \u003ccite>(David Bacon)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“When you think of farmworkers, you think of folks that speak Spanish,\" Martinez said. \"But Indigenous farmworkers have very different linguistic and cultural needs that we keep forgetting about. The song really helps us to bring visibility to our work.”\u003c/p>\n\u003cp>Martinez attributes the high COVID-19 rates for farmworkers to factors like substandard housing, a lack of reliable transportation and the exploitation of undocumented workers.\u003c/p>\n\u003cp>“I’m really hoping that as we go through the pandemic, we reflect on [working conditions],” Martinez says. “And really paint not only us as farmworkers as heroes, but [also people who deserve] respect and dignity. And that that translates into adequate policies that ensure that we have a living wage for farmworkers and full labor rights at the workplace.”\u003c/p>\n\u003cfigure id=\"attachment_11866141\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11866141\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-1536x1031.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-2048x1374.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-1920x1289.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Erika, a farmworker in Tulare County, California, carries her ladder from one row of pluot trees to the next. The ladder weighs about 30 pounds. \u003ccite>(David Bacon)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>With the help of proceeds from \"Dark Eyes,\" and a partnership with local counties, the CBDIO has provided some essential workers with direct financial relief checks of $500 each.\u003c/p>\n\u003cp>Martinez says that some families are using the money to cover hours lost from work if they need to quarantine or to support their kids' expenses during virtual school.\u003c/p>\n\u003cp>For González, who pays about $600 for rent each month, the fund has put food on the table during the offseason.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I was able to pay rent and buy food, that what's helped me the most,\" González says. \"God bless them for supporting us and helping us.\"\u003c/p>\n\n",
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"excerpt": "The lyrics reflect on people locked inside their home 'waiting for the dark eyes outside their door' to deliver food and packages. Proceeds from the song go to Indigenous farmworkers impacted by the pandemic. ",
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"title": "‘Everybody’s Hoping to See You at Their Door’: Lila Downs Honors Essential Workers Through Song | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>It's been more than a year since the pandemic began. And while some Californians are looking back at a year of working from home and ordering groceries online, essential workers are marking a year of risking their lives to stock grocery shelves, work in restaurant kitchens or to harvest crops. And COVID-19 has taken an especially heavy toll on migrant farmworkers in the state.\u003c/p>\n\u003cp>\"This time has been more difficult,\" says Nicolasa González, an Indigenous Mixteca farmworker who lives in Fresno. \"We need to protect ourselves, but some of my co-workers have gotten sick.\"\u003c/p>\n\u003cp>Like González, musician Lila Downs has Indigenous roots in the Mexican state of Oaxaca. She's released a new song to honor essential workers called “Dark Eyes.\" The lyrics reflect on people locked inside their homes who are \"waiting for the dark eyes outside\" to deliver food and packages, saying \"everybody's hoping to see you at their door.\"\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/bdC2gE3SNWw'\n title='//www.youtube.com/embed/bdC2gE3SNWw'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>“You see the harsh way that sometimes people are treated in the U.S.,” Downs \u003ca href=\"https://www.npr.org/2021/01/20/958437186/lila-downs-new-song-is-about-indigenous-workers-invisible-labor\">told NPR in a recent interview\u003c/a>. “There still is a lot of discrimination and racism, and it's a difficult thing to face, especially when they are the people who are providing our food.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Proceeds from the song will benefit the \u003ca href=\"https://www.centrobinacional.org\">Centro Binacional para el Desarrollo Indígena Oaxaqueño\u003c/a> (CBDIO), a nonprofit based in Fresno that advocates for Indigenous migrant communities living throughout the Central Valley and Central Coast.\u003c/p>\n\u003cp>Sarait Martinez, CBDIO's executive director, says Indigenous immigrants from Oaxaca are crucial to the agriculture industry and keeping California fed.\u003c/p>\n\u003cp>“It’s not a coincidence that [Indigenous people] work in agriculture, because we know how to take care of the land and produce our food,” says Martinez, who is Zapoteca. “It’s because of [farmworkers] that we continue to have food on our tables.”\u003c/p>\n\u003cfigure id=\"attachment_11866139\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11866139\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-1536x1031.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-2048x1374.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/03-1920x1289.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Manuel Ortiz’s hands show a lifetime of work. Ortiz came to the U.S. from Mexico as a bracero in the late 1950s, and spent decades working on farms in California and Washington. \u003ccite>(David Bacon)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, farmworkers like González worry about getting sick on the job and losing wages as a result.\u003c/p>\n\u003cp>\"If that happens to me, how will I make enough to pay rent?\" says González, who harvests bell peppers and table grapes each season.\u003c/p>\n\u003cp>According to a \u003ca href=\"https://www.cirsinc.org/phocadownload/farmworker_vulnerability_covid-19_research-report_final_villarejo_07-26-2020.pdf\">study last year by the California Institute for Rural Studies\u003c/a>, agricultural workers in Monterey County were infected by COVID-19 at rates three times higher than non-agricultural workers. Meanwhile, \u003ca href=\"https://cerch.berkeley.edu/sites/default/files/ucb_csvs_white_paper_12_01_20_final_compressed.pdf\">a study from UC Berkeley\u003c/a> that followed 1,091 participants in the Salinas Valley found that farmworkers with lower levels of education or who spoke an Indigenous language had a higher test positivity rate of 23% for COVID-19.\u003c/p>\n\u003cp>Martinez says that language accessibility is key to keeping people safe. Proceeds from the song have helped CBDIO provide workers with information on testing and vaccine sites, in Indigenous languages like Zapoteco and Mixteco.\u003c/p>\n\u003cfigure id=\"attachment_11866140\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11866140\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-1536x1031.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-2048x1374.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/02-1920x1289.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A farmworker named Petra tosses the pluots into a bag held on her shoulders by a harness. When the bag is full, it can weigh 40 to 50 pounds. In July, the temperature rises to over 105 degrees. It seems counterintuitive, but farmworkers dress in multiple layers of clothing because it provides insulation from the heat. \u003ccite>(David Bacon)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“When you think of farmworkers, you think of folks that speak Spanish,\" Martinez said. \"But Indigenous farmworkers have very different linguistic and cultural needs that we keep forgetting about. The song really helps us to bring visibility to our work.”\u003c/p>\n\u003cp>Martinez attributes the high COVID-19 rates for farmworkers to factors like substandard housing, a lack of reliable transportation and the exploitation of undocumented workers.\u003c/p>\n\u003cp>“I’m really hoping that as we go through the pandemic, we reflect on [working conditions],” Martinez says. “And really paint not only us as farmworkers as heroes, but [also people who deserve] respect and dignity. And that that translates into adequate policies that ensure that we have a living wage for farmworkers and full labor rights at the workplace.”\u003c/p>\n\u003cfigure id=\"attachment_11866141\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11866141\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-800x537.jpg\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-800x537.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-1536x1031.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-2048x1374.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/01-1920x1289.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Erika, a farmworker in Tulare County, California, carries her ladder from one row of pluot trees to the next. The ladder weighs about 30 pounds. \u003ccite>(David Bacon)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>With the help of proceeds from \"Dark Eyes,\" and a partnership with local counties, the CBDIO has provided some essential workers with direct financial relief checks of $500 each.\u003c/p>\n\u003cp>Martinez says that some families are using the money to cover hours lost from work if they need to quarantine or to support their kids' expenses during virtual school.\u003c/p>\n\u003cp>For González, who pays about $600 for rent each month, the fund has put food on the table during the offseason.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"I was able to pay rent and buy food, that what's helped me the most,\" González says. \"God bless them for supporting us and helping us.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Nearly Half a Million California Farmworkers Could Gain Legal Status Under New Bill",
"title": "Nearly Half a Million California Farmworkers Could Gain Legal Status Under New Bill",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>On a recent afternoon in a citrus orchard west of Fresno, 34-year-old Yoni Carrillo used clippers to swiftly cut mandarins from a branch and drop them into a large canvas bag strapped to his waist. Other workers climbed ladders to reach higher fruit and made conversation between the treetops.\u003c/p>\n\u003cp>“The truth is, we all need (legal status). Because now with the pandemic, we can’t shelter at home,” Carrillo said. “Who does the work? We do.”\u003c/p>\n\u003cp>For every large plastic bin he can fill with mandarins, Carrillo will make $53. He and the other workers are out in the orchard, or in another field, nearly every day, he said. [pullquote size='medium' align='right' citation='Yoni Carrillo']'If we shelter in place, the crop goes to waste. Who harvests it? The food, the vegetables ... who is going to put it on the table, if not us?'[/pullquote]\u003c/p>\n\u003cp>“We don’t stop unless it rains,” Carrillo said. “If we shelter in place, the crop goes to waste. Who harvests it? The food, the vegetables ... who is going to put it on the table, if not us?”\u003c/p>\n\u003cp>Carrillo has worked on U.S. farms, without legal status, for five years, he said. Another man nearby said he has worked in the country for 18 years. When asked about a bill to grant legal status to undocumented farmworkers, Carrillo said the law should already exist.\u003c/p>\n\u003cp>“I don’t know why they are delaying,” he said. “It’s not just in California. In every state you see immigrant farmworkers.”\u003c/p>\n\u003cp>Under a bipartisan bill now headed to the Senate, more than a million \u003ca href=\"https://www.ers.usda.gov/topics/farm-economy/farm-labor/#size\">undocumented farmworkers\u003c/a> like Carrillo, almost half a million in California, could gain legal status in the U.S. — and, eventually, a path to citizenship.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/1603\">Farm Workforce Modernization Act\u003c/a> passed in the U.S. House of Representatives last week — with 30 Republicans joining and all but one Democrat voting yes. It’s the latest attempt in a decades-long effort to stabilize the agricultural workforce.\u003c/p>\n\u003cfigure id=\"attachment_11866535\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11866535 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">For every large plastic bin he can fill with mandarins, Carrillo will make $53, he said. (Alex Hall/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Under the bill, farmworkers who have lived in the U.S. without authorization and worked in agriculture for years, could qualify for green cards. The legislation would also reform the visa program for agricultural \u003ca href=\"https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a\">guest workers\u003c/a> and eventually require all agricultural employers to use \u003ca href=\"https://www.e-verify.gov/\">E-Verify\u003c/a>, an electronic system for checking authorization to work in the U.S., when hiring.\u003c/p>\n\u003cp>Compared to other immigration bills in Congress, the Farm Workforce Modernization bill has significant support from Republicans. By contrast, the American Dream and Promise Act, which would create a path to citizenship for undocumented immigrants brought to the U.S. as children, passed in the House on the same day with support from just nine Republican representatives.\u003c/p>\n\u003cp>But the farm workforce bill still faces an uphill battle. Democratic Sen. Michael Bennet of Colorado and Republican Sen. Mike Crapo of Idaho are expected to introduce a companion bill in the Senate soon. But they’ll need support from at least nine other Republican senators to avoid a filibuster and move the legislation forward. [aside tag=\"farmworkers\" label=\"more coverage\"]\u003c/p>\n\u003cp>Hundreds of farm labor and agricultural businesses \u003ca href=\"https://newhouse.house.gov/sites/newhouse.house.gov/files/Letter%20of%20Support%20for%20Farm%20Workforce%20Modernization%20Act%20.pdf\">have backed\u003c/a> the legislation. Many consider the bill to be an overdue compromise necessary for keeping the country’s farms running and eliminating the fear of deportation for workers and their employers. Backers include Farmworker Justice and the United Farm Workers union, in addition to numerous county and state farm bureaus, including that of California — the country’s leading producer of milk, fruits, nuts and vegetables.\u003c/p>\n\u003cp>“It really is the first agriculture immigration comprehensive reform bill to come out of the House in over 30 years,” said Jamie Johansson, president of the California Farm Bureau Federation. “So we’re excited that first and foremost it takes care of our existing workforce but also begins the work on a future flow program for those labor needs that agriculture’s going to need in the future.” [ad fullwidth]\u003c/p>\n\u003ch3>\u003cstrong>'We Have to Make Sure It’s Something That Functions for Our Farmers'\u003c/strong>\u003c/h3>\n\u003cp>Democrats supporting the bill have highlighted the importance of farmworkers, even those who lack legal status, as essential workers in the past year.\u003c/p>\n\u003cp>During debate on the House floor last week, California Democratic Rep. Zoe Lofgren, who introduced the bill, pointed out how throughout the pandemic Americans were still able to find food at the grocery store.\u003c/p>\n\u003cp>“And for that, we need to thank the farmers of this country, but we also need to thank the farmworkers of this country — a majority of whom are undocumented, a majority of whom have been here more than 10 years,” Lofgren said.\u003c/p>\n\u003cp>Some Republicans argued that the bill would only encourage more migrants to come to the U.S.\u003c/p>\n\u003cp>“Now we have a piece of legislation that says just come work on a farm and we’re gonna give you amnesty!” said Republican U.S. Rep. Jody Hice of Georgia. “1.5 million people are going to become citizens for working minimal time on farms.”\u003c/p>\n\u003cp>In fact, only people already working in agriculture would qualify for legal status under the bill. To be eligible for citizenship, they’d need to remain in agriculture for a number of years.\u003c/p>\n\u003cp>“Making sure that people actually understand what’s a part of the bill is the most important part of getting support for it,” said Republican Congressman David Valadao, who represents California’s 21st District, not far from the citrus grove where Carrillo was working. Valadao is a key co-sponsor of the bill who’s working to bring other Republicans on board — specifically, senators from large agriculture-producing states.\u003c/p>\n\u003cp>“There’s a lot of states with Republican senators that have a lot of ag. I mean you’ve got Florida, you’ve got South Carolina, you’ve got North Carolina,” Valadao said.\u003c/p>\n\u003cfigure id=\"attachment_11866561\" class=\"wp-caption aligncenter\" style=\"max-width: 1914px\">\u003cimg class=\"wp-image-11866561 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut.jpg\" alt=\"\" width=\"1914\" height=\"1022\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut.jpg 1914w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-800x427.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-1020x545.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-160x85.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-1536x820.jpg 1536w\" sizes=\"(max-width: 1914px) 100vw, 1914px\">\u003cfigcaption class=\"wp-caption-text\">California Democratic Congresswoman Zoe Lofgren, who introduced the Farm Workforce Modernization Act, delivers comments during debate over the bill on the floor of the U.S. House of Representatives. (C-SPAN)\u003c/figcaption>\u003c/figure>\n\u003cp>Under the bill, farmworkers who have worked on U.S. farms for \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/1603/text#HDE84527D71D3470D8159CF0778D46B83\">at least six months\u003c/a> over the past two years could apply for “Certified Agricultural Worker” status, a 5.5-year work permit that could be extended.\u003c/p>\n\u003cp>Workers’ spouses and children could also obtain legal status, and workers could leave the country to travel home.\u003c/p>\n\u003cp>Farmworkers who have lived, unauthorized, in the U.S. for at least 10 years would be eligible for a green card if they continued working on farms for another four. Those with less than 10 years work history would need to put in eight more years in agriculture to get a green card.\u003c/p>\n\u003cp>The bill also seeks to streamline the H-2A guest worker visa, a program that’s long been criticized by growers as too expensive and burdensome. Under the proposal, employers would apply to hire guest workers through an online system, and a certain number of H-2A visas would be available for workers to fill year-round jobs, such as those in the dairy industry. [pullquote size='medium' align='right' citation='Allison Crittenden, director of congressional relations for the American Farm Bureau Federation']'We cannot achieve a lasting solution without addressing both the seasonal and year-round needs of all agriculture.'[/pullquote]\u003c/p>\n\u003cp>The U.S. Department of Homeland Security would also pilot a program allowing H-2A workers to look for work on a different farm after finishing their first contract, rather than requiring them to leave the country.\u003c/p>\n\u003cp>Valadao said he hopes the Senate can adjust the bill to make the H-2A visa program even more business-friendly.\u003c/p>\n\u003cp>“Especially when you come to smaller farms, they don’t have the ability to hire the office personnel needed to get through the regulatory process of hiring H-2A folks,” Valadao said. “You also have some of the regulations when it comes to housing, transportation. We have to make sure it’s something that functions for our farmers.\u003c/p>\n\u003cp>\"The whole H-2A component, they do modernize it a little bit in this bill. I don’t believe it goes far enough and I hope that in the Senate that there are some Republicans that will help make that more doable for our farming community,” Valadao said.\u003c/p>\n\u003cfigure id=\"attachment_11866616\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11866616 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A mandarin orchard west of Fresno. \u003ccite>(Alex Hall/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>'It Eliminates the Fear'\u003c/strong>\u003c/h3>\n\u003cp>Despite support from farm labor and business groups, the bill has critics on both sides.\u003c/p>\n\u003cp>The American Farm Bureau Federation has raised concerns the bill won't allow enough guest workers for year-round jobs. Under the bill, a maximum of 20,000 H-2A visas for year-round employment would be granted to workers each year for the first three years. Half would be reserved for dairy farms.\u003c/p>\n\u003cp>“We cannot achieve a lasting solution without addressing both the seasonal and year-round needs of all agriculture,” said Allison Crittenden, director of congressional relations for the American Farm Bureau Federation. “We already experience a labor shortage, and unfortunately, the FWMA cap on year-round visas would limit program access for growers with employment needs after the cap is met.”\u003c/p>\n\u003cp>Some employer advocates also fear the required wage rate for guest workers will be too high for farmers to remain competitive.\u003cbr>\nMeanwhile, some labor groups say the bill doesn’t go far enough to protect workers.\u003c/p>\n\u003cp>Ildi Carlisle-Cummins, executive director of the California Institute for Rural Studies, called the bill “problematic.” [aside tag=\"immigration\" label=\"more immigration coverage\"]\u003c/p>\n\u003cp>“It forces existing workers to work a very long [eight] years (in a physically demanding industry) before citizenship is an option and it trades away rights for farmworkers who are here in exchange for the rights of future workers who will be imported through the H-2A program,” Carlisle-Cummins said. “Farmworkers who feed us all deserve much better immigration reform.”\u003c/p>\n\u003cp>For Pat Ricchiuti, a third-generation Central Valley farmer of olives, grapes and fruit and nut trees, the bill makes sense because it allows growers to legalize their existing workforce.\u003c/p>\n\u003cp>“The reality is there aren’t many people that will actually do the labor that’s required in agriculture,” Ricchiuti said.\u003c/p>\n\u003cp>Ricchiuti now uses E-verify, after he got caught employing undocumented workers, so he knows all of his workers are legally employed. But he says many other farmers in the Central Valley would benefit from the legalization bill.\u003c/p>\n\u003cp>“It eliminates the fear for them to not have a workforce,” he said. “They want to do the right thing ... for their workers. We depend on each other. We work side by side. I would not have them do something I wouldn’t do myself.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On a recent afternoon in a citrus orchard west of Fresno, 34-year-old Yoni Carrillo used clippers to swiftly cut mandarins from a branch and drop them into a large canvas bag strapped to his waist. Other workers climbed ladders to reach higher fruit and made conversation between the treetops.\u003c/p>\n\u003cp>“The truth is, we all need (legal status). Because now with the pandemic, we can’t shelter at home,” Carrillo said. “Who does the work? We do.”\u003c/p>\n\u003cp>For every large plastic bin he can fill with mandarins, Carrillo will make $53. He and the other workers are out in the orchard, or in another field, nearly every day, he said. \u003c/p>\u003c/div>",
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"content": "'If we shelter in place, the crop goes to waste. Who harvests it? The food, the vegetables ... who is going to put it on the table, if not us?'",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We don’t stop unless it rains,” Carrillo said. “If we shelter in place, the crop goes to waste. Who harvests it? The food, the vegetables ... who is going to put it on the table, if not us?”\u003c/p>\n\u003cp>Carrillo has worked on U.S. farms, without legal status, for five years, he said. Another man nearby said he has worked in the country for 18 years. When asked about a bill to grant legal status to undocumented farmworkers, Carrillo said the law should already exist.\u003c/p>\n\u003cp>“I don’t know why they are delaying,” he said. “It’s not just in California. In every state you see immigrant farmworkers.”\u003c/p>\n\u003cp>Under a bipartisan bill now headed to the Senate, more than a million \u003ca href=\"https://www.ers.usda.gov/topics/farm-economy/farm-labor/#size\">undocumented farmworkers\u003c/a> like Carrillo, almost half a million in California, could gain legal status in the U.S. — and, eventually, a path to citizenship.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/1603\">Farm Workforce Modernization Act\u003c/a> passed in the U.S. House of Representatives last week — with 30 Republicans joining and all but one Democrat voting yes. It’s the latest attempt in a decades-long effort to stabilize the agricultural workforce.\u003c/p>\n\u003cfigure id=\"attachment_11866535\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11866535 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48100_Box-1-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">For every large plastic bin he can fill with mandarins, Carrillo will make $53, he said. (Alex Hall/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Under the bill, farmworkers who have lived in the U.S. without authorization and worked in agriculture for years, could qualify for green cards. The legislation would also reform the visa program for agricultural \u003ca href=\"https://www.dol.gov/agencies/eta/foreign-labor/programs/h-2a\">guest workers\u003c/a> and eventually require all agricultural employers to use \u003ca href=\"https://www.e-verify.gov/\">E-Verify\u003c/a>, an electronic system for checking authorization to work in the U.S., when hiring.\u003c/p>\n\u003cp>Compared to other immigration bills in Congress, the Farm Workforce Modernization bill has significant support from Republicans. By contrast, the American Dream and Promise Act, which would create a path to citizenship for undocumented immigrants brought to the U.S. as children, passed in the House on the same day with support from just nine Republican representatives.\u003c/p>\n\u003cp>But the farm workforce bill still faces an uphill battle. Democratic Sen. Michael Bennet of Colorado and Republican Sen. Mike Crapo of Idaho are expected to introduce a companion bill in the Senate soon. But they’ll need support from at least nine other Republican senators to avoid a filibuster and move the legislation forward. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hundreds of farm labor and agricultural businesses \u003ca href=\"https://newhouse.house.gov/sites/newhouse.house.gov/files/Letter%20of%20Support%20for%20Farm%20Workforce%20Modernization%20Act%20.pdf\">have backed\u003c/a> the legislation. Many consider the bill to be an overdue compromise necessary for keeping the country’s farms running and eliminating the fear of deportation for workers and their employers. Backers include Farmworker Justice and the United Farm Workers union, in addition to numerous county and state farm bureaus, including that of California — the country’s leading producer of milk, fruits, nuts and vegetables.\u003c/p>\n\u003cp>“It really is the first agriculture immigration comprehensive reform bill to come out of the House in over 30 years,” said Jamie Johansson, president of the California Farm Bureau Federation. “So we’re excited that first and foremost it takes care of our existing workforce but also begins the work on a future flow program for those labor needs that agriculture’s going to need in the future.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003cstrong>'We Have to Make Sure It’s Something That Functions for Our Farmers'\u003c/strong>\u003c/h3>\n\u003cp>Democrats supporting the bill have highlighted the importance of farmworkers, even those who lack legal status, as essential workers in the past year.\u003c/p>\n\u003cp>During debate on the House floor last week, California Democratic Rep. Zoe Lofgren, who introduced the bill, pointed out how throughout the pandemic Americans were still able to find food at the grocery store.\u003c/p>\n\u003cp>“And for that, we need to thank the farmers of this country, but we also need to thank the farmworkers of this country — a majority of whom are undocumented, a majority of whom have been here more than 10 years,” Lofgren said.\u003c/p>\n\u003cp>Some Republicans argued that the bill would only encourage more migrants to come to the U.S.\u003c/p>\n\u003cp>“Now we have a piece of legislation that says just come work on a farm and we’re gonna give you amnesty!” said Republican U.S. Rep. Jody Hice of Georgia. “1.5 million people are going to become citizens for working minimal time on farms.”\u003c/p>\n\u003cp>In fact, only people already working in agriculture would qualify for legal status under the bill. To be eligible for citizenship, they’d need to remain in agriculture for a number of years.\u003c/p>\n\u003cp>“Making sure that people actually understand what’s a part of the bill is the most important part of getting support for it,” said Republican Congressman David Valadao, who represents California’s 21st District, not far from the citrus grove where Carrillo was working. Valadao is a key co-sponsor of the bill who’s working to bring other Republicans on board — specifically, senators from large agriculture-producing states.\u003c/p>\n\u003cp>“There’s a lot of states with Republican senators that have a lot of ag. I mean you’ve got Florida, you’ve got South Carolina, you’ve got North Carolina,” Valadao said.\u003c/p>\n\u003cfigure id=\"attachment_11866561\" class=\"wp-caption aligncenter\" style=\"max-width: 1914px\">\u003cimg class=\"wp-image-11866561 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut.jpg\" alt=\"\" width=\"1914\" height=\"1022\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut.jpg 1914w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-800x427.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-1020x545.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-160x85.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48121_Lofgren-qut-1536x820.jpg 1536w\" sizes=\"(max-width: 1914px) 100vw, 1914px\">\u003cfigcaption class=\"wp-caption-text\">California Democratic Congresswoman Zoe Lofgren, who introduced the Farm Workforce Modernization Act, delivers comments during debate over the bill on the floor of the U.S. House of Representatives. (C-SPAN)\u003c/figcaption>\u003c/figure>\n\u003cp>Under the bill, farmworkers who have worked on U.S. farms for \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/1603/text#HDE84527D71D3470D8159CF0778D46B83\">at least six months\u003c/a> over the past two years could apply for “Certified Agricultural Worker” status, a 5.5-year work permit that could be extended.\u003c/p>\n\u003cp>Workers’ spouses and children could also obtain legal status, and workers could leave the country to travel home.\u003c/p>\n\u003cp>Farmworkers who have lived, unauthorized, in the U.S. for at least 10 years would be eligible for a green card if they continued working on farms for another four. Those with less than 10 years work history would need to put in eight more years in agriculture to get a green card.\u003c/p>\n\u003cp>The bill also seeks to streamline the H-2A guest worker visa, a program that’s long been criticized by growers as too expensive and burdensome. Under the proposal, employers would apply to hire guest workers through an online system, and a certain number of H-2A visas would be available for workers to fill year-round jobs, such as those in the dairy industry. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The U.S. Department of Homeland Security would also pilot a program allowing H-2A workers to look for work on a different farm after finishing their first contract, rather than requiring them to leave the country.\u003c/p>\n\u003cp>Valadao said he hopes the Senate can adjust the bill to make the H-2A visa program even more business-friendly.\u003c/p>\n\u003cp>“Especially when you come to smaller farms, they don’t have the ability to hire the office personnel needed to get through the regulatory process of hiring H-2A folks,” Valadao said. “You also have some of the regulations when it comes to housing, transportation. We have to make sure it’s something that functions for our farmers.\u003c/p>\n\u003cp>\"The whole H-2A component, they do modernize it a little bit in this bill. I don’t believe it goes far enough and I hope that in the Senate that there are some Republicans that will help make that more doable for our farming community,” Valadao said.\u003c/p>\n\u003cfigure id=\"attachment_11866616\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11866616 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/RS48097_Workers-2-qut-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A mandarin orchard west of Fresno. \u003ccite>(Alex Hall/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003cstrong>'It Eliminates the Fear'\u003c/strong>\u003c/h3>\n\u003cp>Despite support from farm labor and business groups, the bill has critics on both sides.\u003c/p>\n\u003cp>The American Farm Bureau Federation has raised concerns the bill won't allow enough guest workers for year-round jobs. Under the bill, a maximum of 20,000 H-2A visas for year-round employment would be granted to workers each year for the first three years. Half would be reserved for dairy farms.\u003c/p>\n\u003cp>“We cannot achieve a lasting solution without addressing both the seasonal and year-round needs of all agriculture,” said Allison Crittenden, director of congressional relations for the American Farm Bureau Federation. “We already experience a labor shortage, and unfortunately, the FWMA cap on year-round visas would limit program access for growers with employment needs after the cap is met.”\u003c/p>\n\u003cp>Some employer advocates also fear the required wage rate for guest workers will be too high for farmers to remain competitive.\u003cbr>\nMeanwhile, some labor groups say the bill doesn’t go far enough to protect workers.\u003c/p>\n\u003cp>Ildi Carlisle-Cummins, executive director of the California Institute for Rural Studies, called the bill “problematic.” \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It forces existing workers to work a very long [eight] years (in a physically demanding industry) before citizenship is an option and it trades away rights for farmworkers who are here in exchange for the rights of future workers who will be imported through the H-2A program,” Carlisle-Cummins said. “Farmworkers who feed us all deserve much better immigration reform.”\u003c/p>\n\u003cp>For Pat Ricchiuti, a third-generation Central Valley farmer of olives, grapes and fruit and nut trees, the bill makes sense because it allows growers to legalize their existing workforce.\u003c/p>\n\u003cp>“The reality is there aren’t many people that will actually do the labor that’s required in agriculture,” Ricchiuti said.\u003c/p>\n\u003cp>Ricchiuti now uses E-verify, after he got caught employing undocumented workers, so he knows all of his workers are legally employed. But he says many other farmers in the Central Valley would benefit from the legalization bill.\u003c/p>\n\u003cp>“It eliminates the fear for them to not have a workforce,” he said. “They want to do the right thing ... for their workers. We depend on each other. We work side by side. I would not have them do something I wouldn’t do myself.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"order": 9
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"id": "fresh-air",
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"airtime": "SUN 7:30pm-8pm",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"order": 15
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"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"order": 18
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"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
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"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"source": "American Public Media"
},
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"masters-of-scale": {
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"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
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"meta": {
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"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
"id": "morning-edition",
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"order": 11
},
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"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"link": "/radio/program/on-the-media",
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},
"pbs-newshour": {
"id": "pbs-newshour",
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"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
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},
"perspectives": {
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"order": 14
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
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},
"link": "/radio/program/planet-money",
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"apple": "https://itunes.apple.com/us/podcast/planet-money/id290783428?mt=2",
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},
"politicalbreakdown": {
"id": "politicalbreakdown",
"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
},
"link": "/podcasts/politicalbreakdown",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
"subscribe": {
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
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