January 14, 2019

FFJ Advisor Discussion Series: Kris Hayashi

Photo of Kris sitting on brick steps, hands clasped.

Hear from Kris Hayashi, Executive Director of Transgender Law Center and FFJ Field Advisor, about the efforts to seek #JusticeforRoxsana and the horrific conditions trans migrants face, particularly in ICE custody. Click here to participate in a matching gift challenge.

#JusticeforRoxsana

Six months ago, our government murdered Roxsana Hernandez, a transgender woman and asylum-seeker from Honduras. Last month we put ICE on notice.

On November 26th, 2018 Transgender Law Center (TLC) and the Law Office of Andrew R. Free announced that we have filed a Notice of Wrongful Death Tort Claim in New Mexico, the first step in holding all parties responsible for Roxsana Hernandez’s death accountable. We were joined by Black LGBTQIA+ Migrant Project (BLMP) and Familia: Trans Queer Liberation Movement (Familia), who have advocated for an end to detention for trans and queer migrants.

Transgender Law Center, Familia: TQLM, BLMP, and our co-counsel Andrew Free are joining in a national campaign calling for Justice for Roxsana and for all trans migrants.

It will be a long and difficult fight, but we must and we will get justice for Roxsana and for all trans migrants.

What Happened to Roxsana?

An independent autopsy report reveals that Roxsana was shackled for a long time and very tightly, enough to cause deep bruising on her wrists,said Lynly Egyes, TLC’s Director of Litigation. “She also had deep bruising and injuries consistent with physical abuse with a baton or asp while she was handcuffed, according to an examination of the tissue by an independent expert board-certified forensic pathologist. In the final days of her life, she was transferred from California to Washington to New Mexico, shackled for days on end. If she was lucky, she was given a bottle of water to drink. Her cause of death was dehydration and complications related to HIV. Her death was entirely preventable.”

Roxsana Hernandez was a Honduran transgender woman and an asylum seeker who arrived with a caravan organized by Diversidad Sin Fronteras. She arrived in Tijuana and sought asylum by presenting herself at the San Ysidro Port of Entry (SYPOE) in May. What followed was a hellish ordeal of being held in U.S. Customs & Border Protection custody in the notoriously cold holding areas, known as “hieleras,” growing increasingly ill as a result of the inhumane conditions. She was repeatedly denied access to medical care she begged for, only able to see a doctor after days of vomiting and diarrhea.

“We will continue to uplift Roxsana’s story and to continue to hold immigration enforcement accountable for her death,” said Jennicet Gutierrez, community organizer and advocate with Familia. “We will continue to organize to protect the lives of all trans and queer migrants because what our community needs is asylum not detention. Familia will continue to organize and demand for the abolishment of ICE, CBP, police, and all prisons.”

Currently there are dozens of LGBTQ migrants in Tijuana whose lives are being held hostage by a morally reprehensible and punitive presidential administration that would have them wait in a country that has openly shown violence and hostility towards migrants, and pointed cruelty towards LGBTQ people.

Horrific Conditions for Trans Migrants

“This last week, as many people across the country enjoyed a warm dinner with their family, the Trump Administration is considering basically signing execution orders for the LGBTQ migrants in Tijuana awaiting their opportunity to seek asylum, commented BLMP representatives Dora King and Jerome Jones in November 2018. “Among those waiting for their opportunity to ask for asylum are Black LGBTQ migrants who are particularly vulnerable to violence, including detention and deportation, while in immigration proceedings. The Trump administration’s immigration policy is purely racist.”

Advocates point to the conditions Udoka Nweke faced when he presented himself for asylum also at SYPOE in December 2016. He was detained for nearly two years before being released in September after being held in solitary confinement and attempting suicide. His testimony upon being released from Adelanto Detention Facility corroborated a scathing report by Department of Homeland Security’s Office of the Inspector General that points towards a drastic overhaul necessary in Adelanto. The report listed as areas of concern:  Nooses in Detainee Cells; Improper and Overly Restrictive Segregation and Untimely and Inadequate Detainee Medical Care.

“Immigration prisons are teeming with human rights violations,” said civil rights attorney Andrew Free. “From forced labor to inadequate access to medical care, they are horrific places to lock people up. We have requested records from the relevant federal agencies regarding  the conditions Roxsana was kept in under the Freedom for Information Act. In the next few weeks, if they do not turn over those files we will be filing a suit against them. We will not rest until those responsible for Roxsana’s suffering are held to account, and until the systems of oppression that gave rise to her suffering are abolished.”

TLC, BLMP, Familia, and the Law Offices of Andrew Free have been working with Roxsana’s family in seeking justice. Roxsana’s sisters shared the following statement with TLC:

“Roxsana Hernandez was our sister and it was an injustice to have her die the way she did. They cut her life short and she was not able to fulfill her dreams. For us, her closest family, it’s been extremely painful to deal with. She left with dreams of opening a beauty salon and hopes of helping us out. She fled Honduras because here transgender people are discriminated against. She left with hopes of living a better life. It has not been easy for us to accept that she is gone, we were very close. It’s difficult to accept that she was taken from us because of negligence, because of not giving her support and medication that she needed, because they treated her like an animal. It’s not fair. It’s not fair that she fled Honduras looking for a better life and instead she was murdered. Now all we have left with is the hope that we can see justice for her. Justice for Roxsana.”

WATCH THE TLC PRESS CONFERENCE IN SAN DIEGO HERE.

Time to Take Action

We know this will be a long and hard fight. After the press conference in San Diego, INTO reported, “On Monday, ICE attempted to discredit the autopsy by emailing media outlets off-the-record tips that Dr. Sperry resigned from his position as Georgia’s chief medical examiner in disgrace. Sperry retired in 2015 after The Atlanta Journal-Constitution published a scathing report on Sperry’s time moonlighting as a paid forensic consultant. Sperry did not face legal action and has continued to practice in Georgia. INTO was among the outlets to receive the off-the-record tip from ICE on Sperry. INTO is taking the exceedingly rare step of not honoring the off-the-record because the information was sent without prior agreement between INTO and ICE, and the agency has refused to corroborate its assertions.”

As our government terrorizes asylum-seekers at the border, TLC remains committed to holding ICE accountable and defending our trans communities, including those seeking asylum within our borders. We're committed to ending the abusive and inhumane detention of transgender and gender nonconforming (TGNC) migrants, experienced by Roxsana who was cruelly beaten before she died, and Udoka Nweke, a Black gay migrant who recently won release from immigration detention after almost two years of torture. Despite the government's attempts to attack trans bodies or erase our existence, we're still here- and we're still suing- for our right to thrive, free from discrimination.

To ensure we win #JusticeforRoxsana, generous donors Liz and Elly Fong-Jones have pledged to a matching donation of $50,000. Together, if we can raise $50,000 for our work to bring justice for Roxsana, our generous donors will double your donation this new year. Make your gift to support the fight for justice here.

For more information or to get involved in the campaign please contact kris@transgenderlawcenter.org.

May 4, 2021

Introducing Philanthropy Foward: Cohort 3

 

We are excited to announce the launch of Philanthropy Forward's Cohort 3 in partnership with The Aspen Institute Forum for Community Solutions!

Philanthropy Forward is a CEO fellowship community for visionary leaders who center racial and gender justice and community power building to disrupt and transform the future of philanthropy. This fellowship brings together CEOs of foundations who are supporting racial & gender justice and community power building to make deeper change at the individual, organizational, and philanthropic field levels.

  • ALEYAMMA MATHEW, she/her — Collective Future Fund
  • AMORETTA MORRIS, she/her — Borealis Philanthropy
  • ANA CONNER, they/she — Third Wave Fund
  • CARLA FREDERICKS, she/her — The Christensen Fund
  • CRAIG DRINKARD, he/him — Victoria Foundation
  • JENNIFER CHING, she/her — North Star Fund
  • JOHN BROTHERS, he/him — T. Rowe Price Foundation
  • KIYOMI FUJIKAWA, she/her — Third Wave Fund
  • LISA OWENS, she/her — Hyams Foundation
  • MOLLY SCHULTZ HAFID, she/her — Butler Family Fund
  • NICK DONOHUE, he/him — Nellie Mae Education Foundation
  • NICOLE PITTMAN, she/her — Just Beginnings Collaborative
  • PHILIP LI, he/him — Robert Sterling Clark Foundation
  • RAJASVINI BHANSALI, she/they — Solidaire Network & Solidaire Action Fund
  • RINI BANERJEE, she/her — Jessie Smith Noyes Foundation
  • TANUJA DEHNE, she/her — Geraldine R. Dodge Foundation
  • YANIQUE REDWOOD, she/her — Consumer Health Foundation

learn more about each Fellow!

With a framework focused on liberated gatekeeping, accountability practices, and strategic risk taking, Philanthropy Forward is a dedicated space for leaders to organize together and boldly advance the transformed future of the sector. This growing fellowship of visionary CEOs from progressive philanthropic institutions is aligning to to disrupt and transform the future of philanthropy.

Philanthropy Forward is a joint initiative started in 2018 by Neighborhood Funders Group and The Aspen Institute Forum for Community Solutions. Learn more about the fellowship here.

March 17, 2021

How Philanthropy Can Move from Crisis to Transformation

Dimple Abichandani, Executive Director of the General Service Foundation, urges grantmakers and the philanthropic sector to take concrete actions to defend democracy and speak out against racist attacks on people of color. This post was originally published here by the Trust-Based Philanthropy Project.

Dimple was part of the first Philanthropy Forward: Leadership for Change Fellowship cohort, a joint initiative of Neighborhood Funders Group and The Aspen Institute Forum for Community Solutions. General Service Foundation, which partners with grassroots organizations to bring about a more just and sustainable world, is a member of NFG.


  

Dimple AbichandaniIt was just a year ago, and yet it feels like a lifetime.

Last March, I was dreading a hectic month packed with too much work travel. Long before we had heard of Covid-19, many of us had been preparing for 2020 to be a consequential year, one in which our democracy was on the line.

My mother had generously traveled from Houston to help with childcare during my travels. Her two-week visit turned into three months, and our worlds as we knew them changed.

Covid happened.  

Then the racial justice uprisings happened.

The wildfires happened.

The election happened. 

And then an armed insurrection to overturn the democratic election results happened.

Every turn in this tumultuous year reaffirmed the reality that justice is a matter of life and death. 

Our democracy survived, though barely. But more than half a million Americans did not, and this unfathomable loss, borne disproportionately by communities of color, is still growing.

Across the philanthropic sector, funders stepped up to meet the moment. We saw payouts increase, the removal of unnecessary bureaucracy, and commitments to flexible support from not only public and private foundations but also individual philanthropists who gave unrestricted billions.

A year ago, we all faced a rapidly changing reality — one that it made it hard to know what the next month, or next year might hold.  Now, we have turned a corner in a most consequential time in American democracy, a time that has been defined by the leadership of Black women and grassroots movements for social justice that are building the power of people — and these movements are just getting started. There is momentum for change, leadership that is solidly poised to make that change, and broad-based support for the bold solutions that will move us towards a more just and equitable society.  We are in a dramatically different time that continues to call for a dramatically different kind of philanthropy.

As we look back on this year of crisis, and see the opportunities before us now more clearly, how are funders being called to contribute to the change we know is needed?  To answer these questions, I point to the truths that remained when everything else fell away.

We have the power to change the rules.

In the early days of the pandemic, close to 800 foundations came together and pledged to provide their grantees with flexible funding and to remove burdens and barriers that divert them from their work. Restrictions on funding were waived, and additional funds were released. These changes were not the result of years-long strategic planning; instead, this was a rare example of strategic action. These quick shifts allowed movement leaders to be responsive to rapidly shifting needs. Grantees were more free to act holistically, to mobilize collectively, make shared demands, and achieve staggering change.

Today, our grantees are coping with the exhaustion, burnout, and trauma from this last year, the last four years, and even the last four hundred years. Recently, many of us have begun to invest more intentionally in the healing, sustainability, and wellness of our grantees. Systemic injustice takes a toll on a very individual human level, and as funders, we can and should resource our grantees to thrive.

Ash-Lee Woodard Henderson, Co-Executive Director of the Highlander Research and Education Center, has urged philanthropy to, “Fund us like you want us to win.” Last year, we learned that we are capable of doing just that — and doing it without delay. Let’s build on funding practices that center relationships and shift power to our grantees.

White supremacy got us into this mess; racial justice will get us out.

Racial justice went mainstream in 2020 as the multiple crises exposed deep inequities and injustices in our midst. In the months after the world witnessed a police officer brutally murder George Floyd, many funders responded with explicit new commitments to fund Black-led racial justice work. These standalone funding commitments have been hailed as a turning point in philanthropy — a recognition of the importance of resourcing racial justice movements.

As we move forward, we must ensure that these newly made commitments are durable and not just crisis-driven. Movements should not have to rely on heartbreaking headlines to drive the flow of future resources. We can build on new funding commitments by centering racial justice in all our grantmaking. As resources begin to flow, let’s ensure that our frameworks are intersectional and include a gender analysis. To demonstrate a true desire to repair, heal, and build a multiracial democracy, philanthropy must do meaningful work in our institutions so that, at all levels, there is an understanding of the root causes of inequality and the importance of investing in racial justice.  Rashad Robinson, President of Color of Change, captured the centrality of this when he said, “We don’t get racial justice out of a true democracy. We get a true democracy out of racial justice.”

We know how to be “all in” when it's important. In this next period, it’s important.

With crisis as the rationalization, many endowed foundations were inspired to suspend a practice that our sector has long taken for granted: the 5% minimum distribution rule. In the face of compounding threats to our lives and our democracy, 64 individuals and foundations pledged to increase spending to 10% of the value of their endowment in 2020. And for the first time in years, the philanthropic sector is giving meaningful attention to the topic of spending decisions and the problem of treating the payout floor as though it is the ceiling.

To take full advantage of this once-in-a-generation opening for transformation, funders must put all the tools in our toolbox behind our ambitious missions. Social justice philanthropy can build new spending models that are not only more responsive to the moment, but also set our institutions up to better fulfill our missions — today and in the long-term.

This past summer, 26 million people marched in the streets of their small and large cities to proclaim that Black lives matter. It was the largest mobilization in our country’s history. Last fall, despite numerous efforts to suppress voters, social justice organizers mobilized the largest voter turnout we’ve ever seen. Now, as a result, we are in a moment that holds immense possibility. 

In big and small ways, we are all changed by this year. 

Our sector and our practice of philanthropy has changed too.  Let’s claim the opportunity that is before us by reimagining our norms and adopting practices that will continue to catalyze transformation.  The old philanthropy has been exposed as unfit. The new philanthropy is ours to create.