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.

July 24, 2020

Strike Watch: Voices from the Strike for Black Lives

Photo: Gus Moody and his co-workers in Lakeland, FL.

PIctured left: Gus and his co-workers in Lakeland, FL during the J20 Strike for Black Lives. Photo Credit: Fight for 15 Florida. 

Hundreds of workers walked out of work from coast to coast Monday, July 20th as part of coordinated Strike 4 Black Lives. Centering the Movement 4 Black Lives and 60-plus labor and community organizations, including the Service Employees International Union (SEIU), the strike (dubbed J20) included both full walkouts and 8 minute 46 second work stoppages commemorating the killing of George Floyd by police. Workers came from a range of “essential” industries, including mobile “gig”, healthcare, fast food, education, childcare and janitorial. While there were unified national demands that included the right to unionize and real corporate action to protect Black workers and repair intergenerational harms, many groups also tied in the need for tailored local responses challenging racial and economic inequality, including in response to specific and systematic discrimination incidents.

In Florida, McDonald’s workers filed a federal civil rights lawsuit in the days prior charging that the company subjected them to a "racially hostile work environment” and retaliation for speaking up. One of the workers named in the suit, Monice, is employed in a Lakeland McDonald’s, east of Tampa. She described in a video: “Back in March, I was racially discriminated against: she... told me that all Black people want is a handout. All we do is smoke weed all day and be violent, angry and upset if we don’t get what we want.” Monica clearly and calmly explained her situation, only to be then told “...but you know I’m right.” The company had been also sued in Florida in April for systemic sexual harassment, with plaintiffs from more than 100 of the locations in the state.

FJE had the opportunity to interview Augusta (who goes by Gus), another Lakeland McDonald's worker and a leader of the SEIU-backed Fight for 15 Florida who took the streets on the 20th. Alongside challenging discrimination via the lawsuit, Gus and workers are looking to pass Florida's Amendment 2, the $15 Minimum Wage Initiative, which is on the ballot as an initiated constitutional amendment this November.  Amendment 2 would increase the state's minimum wage from $8.56 in 2020 to $15.00 by 2026. Gus shared a bit about his experiences in the central Florida McDonald's where he works and what it means to be a Black worker in the US today.

What brought you to take part in the Strike for Black Lives this week?

Honestly, I want to end racism and workplace hostility and discrimination. I see the connections to racism in everyday action. In today’s society, racism looks like how you go about doing your everyday routine and treat people along the way.

For example, in my job, racial discrimination looks like when you are scheduled outside of your availability, and you go talk to your General Manager. She acts like she doesn’t have your availability at hand, and tells you to re-do your availability sheet. You do that, and she snatches the paper out of your hand, and treats you with disrespect.

Florida’s minimum wage is $8.46. I get paid $9.25. After this pandemic and really not being able to get the hours I could usually make or need — that makes life hard. You have to choose: what bill am I going to pay? I have two children I’m responsible for, and I want to give them my all. It hurts to not be able to do that. I feel like if I could make more, I could make things better for them. Maybe not great, but at least better.

What was the J20 strike like for you?

The day of the strike, we rode around the building and made our presence known: by stepping out there, out of work, we were saying, enough is enough. Do us right.

A good amount of people that showed up to support the strike and showed love. Just to be able to see those people meant a lot. I met was a lot of people willing to help — stopping to say, ‘Hey man, you need something to eat? Don’t hesitate to call me.’ I’m not saying I would take them up on it — but just them offering, and they don’t even know me? That’s what America should be about; that’s what we can be about as a country. They could have been somewhere else — but then they came to support strangers as part of a movement. They see the racism and discrimination every day on social media, on the news, they could just ignore us — so it was truly amazing to have so many people out.

Say it’s one year from now. What does success look like? How have things changed at work?

The workplace would be friendly: it would be an open from the top to the bottom. If I’m the CEO I wouldn’t feel like my position is too big to come talk to the crew trainer or the crew members. I would want there to be an equal playing ground in the workplace. General managers wouldn’t be abusing their positions because they would know someone above them would actually be holding them accountable.

What was the response from your employers at McDonald's?

For some of my coworkers that went back the next day they have been really experiencing a hard time. In America, we get punished these days for giving our opinion, for using our freedom of speech.  You can’t let it bring you down though. You have to keep saying: this isn’t right. This was my first big action, but I’lll be doing much more. Having so many organizations having your back and saying, ‘You know what, we’re not going to stand for this. This story needs to be told' — that’s an amazing feeling to have. Just being a part of [a movement] makes it all worth it.

Where do you see the connections between what you experience in your workplace and the situation with policing of Black lives?

Just like you can’t be a general manager and abuse your crew members, you can’t have someone that is there to protect and serve you end up hurting you, or end up putting you in jail for trumped up charges. The police just feel like they can just put you in jail because they have that authority, that privilege. Just like a general manager, law enforcement needs to be held to a better standard. They are the people we have to walk our communities. They are supposed to be here to help us and not just come to the situation ready to hurt us. They should not be able to hurt, harm and kill. What it comes down to though is all these people in power — they are abusing that power. That abuse goes on at a larger scale in society, but it starts in everyday life.

How do you think foundations and individuals can support?

Action is a big thing for me: you can’t just say you care. You have to show it. You have to really prove when the situation arises that you are here to really get us to better days. To get there is going to take a lot of work. We’re all going to keep having to put it in. It should have all changed day George Floyd died — yet America is still running on retaliation, discrimination and hatred.

Enough is enough. We already have a global pandemic. To continue to live as a Black person in America you not only a face a pandemic, you have society attacking you as well. We are going to have to stand together because at the end of the day, we all are going to need each other.  We need to do better in life and focus on what is right. 

And when the change comes, our workplace will be a much better organization to the public and to each other. Keeping [the strikes and actions] going is raising some eyebrows and gets people to understand, things need to change, today.

You can follow Gus and his fellow workers' continued campaign for the Fight for 15 nationally and locally  And read more about how to support the broader Movement for Black Lives here.

FJE’s Strike Watch is a regular blog and media series dedicated to providing insight on the ways in which grassroots movements build worker power through direct action. Our ultimate goal: inform philanthropic action to support worker-led power building and organizing and help bridge conversations among funders, community and research partners. We are grateful and acknowledge the many journalists and organizations that produce the content we link to regularly, and to all our participants in first-hand interviews. Questions on the content or ideas for future installments? Reach out to robert@nfg.org.

 

July 23, 2020

Highlights from Amplify this July

“We’ve been busy in these internet streets,” as Melody Baker, Amplify’s Senior Program Officer said on a recent staff call. 

  • We were thrilled to end June and begin July with so many of you at the start of NFG’s 2020 virtual convening series: 40 Years Strong. On the fourth day of programming, on Thursday, July 2, Melody joined Jazmin Segura, Program Officer for the Fund for an Inclusive California (F4ICA) and Syma Mirza, Staff Consultant at HouseUS, to talk about Building Philanthropic Infrastructure to Build Power during the Democratizing Development session.
  • Just a few days later on July 8, Amplify Director Amy Morris, joined Jazmin Segura again, along with Beatrice Camacho, Tenant Organizer at the North Bay Organizing Project, for a 60-minute webinar hosted by the Funders Network (TFN) called Keeping it Local: Strategies to Support Power-Building and Economic Self-Determination. They all shared clear analysis along with vivid and accessible stories of their work.  A full recording of the webinar is available here and many of the images that Amy shared about Amplify’s structure are available for download on our webpage here.
  • In addition to Zooming at funder conferences, we hosted our second Amplification session facilitated by Social Movement Technologies (SMT), a non-profit training hub providing organizing support to build power and win campaigns in the digital age. SMT highlighted how groups are combining online with offline action in this moment to build power and win change, and shared technical information about digital campaign tools and tactics that organizations can use to engage members, expand their reach, and be heard by decision-makers. Over 50 Amplify grantees registered, including a number of organizations supported through our sister fund, the Fund for an Inclusive California (F4ICA). All materials were offered in English and Spanish, and simultaneous interpretation was provided by Lingovox.
  • We encourage you to check out the full list of Amplify grantees here, and follow us and them on social media.

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