Panelists, from left to right: Dusty Araujo, Linda Tam, Chris Punongbayan, and Erik Schnabel.

A&PI WELLNESS CENTER AT THE UNITED STATES CONFERENCE ON AIDS 2010

Comprehensive immigration reform, barriers to a grant of asylum, and HIV- and LGBT-related stigma were some of the topics discussed during an LGBT, HIV, Asylum & Immigration panel discussion hosted by A&PI Wellness Center and the National Immigrant Justice Center on Monday. Attendees had an opportunity to meet four experts and advocates in the field and to further connect with much needed services.

Of the 12 million undocumented workers living in the US, "we estimate 1 million of them are Asians and Pacific Islanders," said Chris Punongbayan of Asian Law Caucus. For A&PIs, language barriers and a lack of visible resources to provide help for undocumented workers often prevent them from navigating the complex immigration system. While the prospects of comprehensive immigration reform have waned since the passing of national health care legislation, there is still a possibility that Congress may pass some sort of immigration reform during the "lame-duck" session after November. This could provide a path to citizenship for undocumented workers.

However, this won't necessarily address immigration barriers for LGBT families. Erik Schnable from Out4Immigration says, "while the immigration process is difficult to navigate for most people, it's often even more impossible for LGBT families. There are fewer possibilities of relief under the current system." Out4Immigration is advocating for the Comprehensive Immigration Reform for America's Security and Prosperity Act (CIR ASAP) in the House of Representatives, and pushing for the Uniting American Families Act to allow partners of permanent US residents to stay in the US. Conservative estimates indicate that more than 36,000 same-sex couples would be affected by this legislation.

Some progress has been made in the last few months on HIV issues. In particular, the government overturned its travel ban on people living with HIV from entering the United States, and HIV and sexual orientation are two of the protected classes acknowledge in asylum applications. "It is incredibly affirming that you can tell a client that it doesn't matter that you have HIV," said Linda Tam of East Bay Community Law Center. However, other hurdles, including the one-year deadline to apply for asylum as well as heightened travel restrictions and scrutiny in the U.S. post-September 11 make it much more difficult for asylum seekers to enter the country.

Asylum seekers who have made it into the U.S. must apply for asylum within one year of entry. The stigma and shame, real or perceived, in outing one's HIV status or sexual orientation prevent many from asking for help, missing this important deadline. "People ask for advice for their brother or friend, when they're really talking about themselves, and then they don't follow through with the process" said Dusty Araujo of the National Immigrant Justice Center. Even with exemptions from the one-year deadline for "changed or extraordinary circumstances" such as mental illness, change in home country stability or a new HIV diagnosis, each case is judged on its own individual merits and the judge's discretion.

With all these new developments in immigration and asylum, A&PI Wellness Center plans to partner with these organizations to provide trainings, workshops and clinics to our clients and the community.