May 26, 2024 The Newspaper Serving LGBT Los Angeles

In Trumpland, take these precautions NOW!

Glenn D. Magpantay Executive Director, National Queer Asian Pacific Islander Alliance (NQAPIA)
Glenn D. Magpantay
Executive Director, National Queer Asian Pacific Islander Alliance (NQAPIA)

BY GLENN MAGPANTAY  | How can LGBTQ people with immigrant status protect themselves in the current political Climate?  At the National Queer Asian Pacific Islander Alliance (NQAPIA) we pondered this question. We consulted with immigration lawyers, public policy experts, and other attorneys to identify issues of particular importance to LGBTQ Asian Americans, South Asians, Southeast Asians, and Pacific Islanders. There are a number of measures that LGBTQ APIs  (and others with immigrant status) can and should do to protect themselves and their families under a Trump Administration.

Many of these eight suggested applications would not be granted until after Trump takes office. But, even if Trump tries to eliminate everything that we have won, it is virtually impossible for changes to be retroactive. Applications filed today will be decided and granted on the basis of the laws and rules while Obama is in office. So, take care of these as soon as possible.

Transgender LGBTQ APIs Apply or Update Passport
President Obama’s administration allowed for people to change and update their federally issued identity documents, including gender-marker on passport and names on social security cards. Trump has vowed to eliminate all of Obama’s executive directives on January 20. Apply and make and changes now. Adult passports last 10 years, so they will outlive a Trump presidency. Apply for Passport from the U.S. State Department.

Young Undocumented Immigrants: Renew DACA
President Obama created the Deferred Action for Childhood Arrivals (DACA) program by executive order so that undocumented young people could be free from deportation and gain work authorization. Trump has given mixed messages on DACA.  At one point, he stated he has “no problem” with it.

If you are fearful about what Trump will do with current DACA enrollees, know that NQAPIA, countless advocacy organizations, and high-powered lawyers will do everything that we can to protect you and your family. If you have DACA now but it will expire in the next 6 months, file a mandatory renewal now. Not filing a renewal could subject you to noncompliance and makes you a higher priority for investigation.   If you have never applied for DACA, consult with an immigration attorney before filing a new application. Click here to find an attorney.

Health Insurance through Obamacare
Don’t have health insurance? Apply for Obamacare through the federal system or Covered California, despite the efforts on Capitol Hill to repeal the ACA.  Open Enrollment is now. Although Trump and Congressional leaders have promised to eliminate the Affordable Care Act, that will not happen at least for another year. The more people who are in the system now, the more difficult it will be to eliminate the system. Efforts to repeal may also “grandfather” current enrollees and allow them to maintain their health insurance while declining to take any new people.

Eligible for Green Cards or Naturalization?  Apply Now
If you are eligible for a green card or to become a U.S. citizen, file your application now. They take several months to process, but becoming a permanent resident or a citizen substantially increases your security to live in America. If you have any criminal history or entered the U.S. without permission, consult an attorney before filing any paperwork.

LGBTQ Immigrants Seeking Asylum: Apply Now

LGBTQ people are persecuted in many countries in Asia and the Pacific. Foreign nationals may seek political asylum in the United States based on the sexual orientation or gender-identity. But, federal law has a strict one-year time limitation for people to file an application from the date of entry. This cannot be undone by Trump. If you are seeking political asylum you should consult with an attorney, and apply now.

Same-Sex Marriage is Safe: Don’t Get Married if You Don’t Want To

The right for same-sex couples to legally marry was decided by the US Supreme Court and is based on the US Constitution. Trump cannot undo marriages or take the right away. Even if he appoints an anti-marriage Supreme Court Justice, the majority of justices that ruled twice in favor of marriage equality will remain on the Court. There is no need to rush to get married now.

LGBTQ APIs with Children Protect Your Relationship with Them

If you have a child, you should apply for a second-parent adoption or a joint adoption if you do not have a legally recognized relationship to the child, like birth. Even if your name is listed on the child’s birth certificate, that may not be enough.

Personal Protections

Trump may eliminate the Obama Administration’s hospital visitation policy. So, it is prudent to have family planning protections in the event of a tragedy. This includes a Last Will and Testament, Health Care Proxies, Medical and Financial Powers of Attorney, designation of guardians, and Living Wills. It is not limited to couples but includes single people and people in more dynamic relationship and family structures.

Need a Lawyer?  Ask Us

The above are prudent steps to take, but everyone’s legal situation is different. To speak with an attorney for a legal consultation, complete NQAPIA’s Legal Intake Form, or find an attorney from this list.

You may not be able to take all of these steps in the next few days.  I urge you to identify which ones are most applicable to your situation and take the steps necessary to protect yourself and your family.

—  Glenn D. Magpantay is Executive Director, National Queer Asian Pacific Islander Alliance (NQAPIA) and can be reached by email at glenn_magpantay@nqapia.org or by phone at 917-439-3158 

in LEGAL, NEWS
Related Posts

West Hollywood’s Arts and Culture Industry Generates $12.4 Million in 2022

May 24, 2024

May 24, 2024

Industry Supports 248 Jobs and Contributes $3.4 Million in Tax Revenue The nonprofit arts and culture sector in West Hollywood...

UCLA Police Make First Arrest in Attack on Palestine Solidarity Encampment

May 24, 2024

May 24, 2024

18-year-old Charged With Assault with a Deadly Weapon; Bail Set at $30,000 By Dolores Quintana After three weeks, the University...

UAW Local 4811 Calls for Strike at UCLA and UC Davis Over Unresolved Labor Practices

May 24, 2024

May 24, 2024

UCLA Administration Calls in Riot Police Over Brief Establishment of Second Encampment The Executive Board of UAW Local 4811 called...

Woman Charged After High-Speed Pursuit, Multi-Vehicle Crash on 405 Freeway

May 23, 2024

May 23, 2024

Preliminary hearing set for June 20, Suspect Faces Multiple Charges Los Angeles County District Attorney George Gascón announced that a...

UCLA Police Chief Reassigned After Assault on Palestine Solidarity Encampment

May 22, 2024

May 22, 2024

Acting Chief Named as John Thomas Reassigned to Other Duties on Monday By Dolores Quintana In the aftermath of the...

(Video) The Long Awaited Opening of @Something About Her. The line was down the block for most of the day. Huge success

May 22, 2024

May 22, 2024

If you look closely you can see the owners in the video, who were so very gracious and genuine to...

Off-Duty West Bureau LAPD Officer Arrested for Assault with a Deadly Weapon

May 22, 2024

May 22, 2024

Officer Taken Into Custody in Westchester, Internal Affairs is Investigating An off-duty Los Angeles police officer was arrested Tuesday for...

UC Workers’ Strike Intensifies Amid Unresolved Labor Disputes

May 22, 2024

May 22, 2024

University of California Refuses to Attempt to Resolve ULPs The California Public Employment Relations Board (PERB) has urged the University...

LAPD, DEA, and Postal Service to Investigate Actor Matthew Perry’s Death

May 22, 2024

May 22, 2024

Authorities to Probe How Perry Obtained Ketamine Found in His System. The Los Angeles Police Department (LAPD) has launched an...

Venice Canal Attack Victim’s Condition Takes a Tragic Turn

May 22, 2024

May 22, 2024

CD 11 City Councilmember Traci Park Releases Statement The devastating news that one of the two women who were brutally...

City Files Lawsuit Against Motel Owners For Allegedly Allowing Drug Activity

May 22, 2024

May 22, 2024

A Court Order Could Close the Motel for One Year and Require Changes to Management By Zach Armstrong A lawsuit has...

(Video) 2024 Take Action Campaign Happening Now

May 21, 2024

May 21, 2024

More Information at takeactionla.com @smmirrornews Take Action Campaign is happening now throughout LA County #mentalhealth #losangeles #fyp #california #wellbeing #health...

Father-Son Duo RSG Janitorial Services Finds Joy In Serving Customers

May 21, 2024

May 21, 2024

Finding handymen and janitorial services can be a hard pick. RSG Janitorial Services, based in Los Angeles, offers a mix...

LA Pride 2024 Announces George Takei, Cassandro, and Kristin Crowley as Grand Marshals

May 21, 2024

May 21, 2024

Celebrate “Power in Pride” with live broadcasts, a block party, and special events This year’s LA Pride Parade will celebrate...

West Hollywood Hosts Open House for New Street Design Concept Plan

May 21, 2024

May 21, 2024

Learn About Upcoming Street Improvements Aimed at Enhancing Safety The City of West Hollywood invites community members to attend an...