LGBT people around the world have been persecuted or live in fear of persecution in their home countries because of their sexual orientation and gender identity. Many have sought, and have received, asylum and other protections in the United States as a result of the persecution they experienced in their homeland. In the U.S., identifying as LGBT has been recognized as a valid basis for asylum. Through the use of an hypothetical asylum-seeker fleeing persecution from her homeland, and a mock interview with an asylum officer, participants will also learn some of the issues involved in representing an LGBT individual seeking asylum in the U.S.
Speakers: Jonathan Eoloff, Candace Beck, Victoria Neilson, Amy Stern
HIV/AIDS
Beyond ENDA, Capitol Hill and the 110th Congress: Current Issues for Practitioners in LGBT/HIV Employment Law
Beyond the political debate in our community over an inclusive ENDA, an interesting legal debate arose concerning what a non-inclusive ENDA means to the whole LGBT community. This workshop will address that and other breaking employment issues, including those related to HIV. As the scope of the Americans with Disabilities Act (ADA) has been narrowed by court decisions, proving HIV discrimination in the employment context has become more difficult. Some of the major challenges in those cases and the impact if Congress passes the pending ADA Restoration Act will be discussed.
Speakers: Gregory R. Nevins, Bebe Anderson, Laura MaechtlenEthics in Immigration Law
This panel will focus on the unique issues faced in the practice of LGBT immigration law. Issues will include “green card marriages;” an attorney’s duties to disclose negative information in an immigration application such as a client’s HIV status or transgender identity when it’s relevant to the applicant’s eligibility for a benefit; unique ethics issue which arise in asylum cases; and possible responses if the individual has nothing to lose with a particular argument but the argument might hurt the larger LGBT rights cause. The panel will include a private practitioner, a clinical professor, and a public interest attorney.
Speakers: Victoria Neilson, William SchillerHIV/AIDS Law: Past, Present, and Future
HIV/AIDS receives strong attention in Congress but public awareness has decreased. The presenters will discuss recent versions of the Ryan White CARE Act (domestic HIV treatment), efforts on global HIV treatment, and the prospects for getting Congress to re-examine issues such as syringe exchange; a strong HIV/AIDS prevention bill; the Americans with Disabilities Restoration Act; and a national HIV/AIDS strategy. How have state, or even local, governments acted (or not) to address these issues? Join us to answer these questions, share ideas and learn more about laws and litigation concerning HIV/AIDS at the federal, state and local levels.
Speakers: William McColl , Phil Curtis , Bebe Anderson , Ernest HopkinsHot Issues in LGBT/HIV Immigration and a Mock Interview
LGBT and/or HIV+ immigrants face the dual discrimination of being LGBT/H and being non-citizens. This panel will lay out the legal landscape for LGBT/H immigrants, including: a discussion of the hurdles faced by binational same-sex couples and a possible legislative solution; the unique challenges transgender immigrants face in correcting their identity documents and having their marriages recognized under immigration law; the HIV ban under immigration law and pending legislation on the issue; and asylum based on LGBT identity and HIV status. The workshop will conclude with a “mock asylum interview” featuring a U.S. Citizenship and Immigration Asylum Officer from the San Francisco Asylum Office.
Speakers: Linda Tam , Victoria Neilson , Ben Lunine