ICE Considers Housing Transgender Immigrant Detainees by Gender, Not Sex

Following public criticism of the treatment of lesbian, gay, and transgender immigrant detainees, ICE has issued new guidelines that will consider an immigrant’s gender identity – rather than biological sex – when deciding placement in a detention facility.

ICE will begin tracking data for transgender detainees and training detention facility staff to deal with issues like hormone therapy and safety for transgender detainees, who are at an increased risk for sexual assault.

Three years ago the Department of Justice issued similar regulations for transgender inmates. Many jails and prisons have been slow to adopt these regulations, continuing to house transgender inmates based on their biological sex. In some cases transgender inmates are placed in solitary confinement, supposedly for their own protection.

ICE currently houses approximately 60 transgender immigrants out of a total 31,000 detainees. Some are housed in a special Santa Ana unit for transgender women and gay men, but most are housed by biological sex with the general population. Since transgender detainees are at an increased risk for assault and make up such a small percentage of the total detention population, some LGBT advocates are calling for the release of all transgender detainees. Immigration enforcement advocates worry that releasing inmates based on gender identity will overlook other important factors like flight risk and create a double standard for transgender detainees.

http://abcnews.go.com/Politics/wireStory/transgender-immigration-detainees-housed-identity-32109972

 

TPS Deadline Extended for Liberia, Guinea, and Sierra Leone

The Department of Homeland Security announced a Temporary Protected Status (TPS) registration deadline extension for nationals of Liberia, Guinea, and Sierra Leone. Eligible nationals and those who last habitually resided in one of those three nations now have until August 18, 2015 to apply for TPS. TPS applications denied for failure to meet the original May 20, 2015 deadline may now be resubmitted for consideration.

Liberians currently covered under the two-year extension of Deferred Enforced Departure (DED) may also apply for TPS. DED-covered Liberian nationals with employment authorization (EAD) or pending EAD application do not need to apply for a TPS-related EAD. Liberians who receive TPS may, however, apply for a TPS-related EAD at a later date as long as TPS designation is still in effect for Liberia.

Eligible TPS applicants must demonstrate that they have continuously resided in the United States since November 20, 2014 and been continuously present in the Unites States since November 21, 2014. A full list of TPS requirements, including appropriate forms and application fees, is available on the USCIS website: www.uscis.gov/tps.

 

TPS Extended for Somalia

Secretary of Homeland Security Jeh Johnson announced an 18-month Temporary Protected Status (TPS) extension for eligible nationals of Somalia, effective September 18, 2015 through March 17, 2017.

Current Somalian TPS beneficiaries who wish to extend their TPS status must re-register between June 1, 2015 and July 31, 2015. Those who re-register during that time and apply for an Employment Authorization Document (EAD) will receive a new EAD with an expiration date of March 17, 2017. To re-register, applicants must submit Form I-821, Application for Temporary Protected Status and Form I-765, Application for Employment Authorization along with the appropriate fees.

A full list of application requirements is available online on the USCIS website: www.uscis.gov/tps.

 

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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