Gay, lesbian and bisexual people share some key experiences with immigrants. We all know what it feels like to be afraid for the security of our families, be a scapegoat
for society’s problems and feel vulnerable and unsafe because of policies that keep
us on the margins. And the experiences shared by transpeople and immigrants are even stronger. This lecture draws the clear connections between trans and immi- grant communities, and demystifies the federal REAL ID Act.
gOALS
• To introduce the experiences and causes that trans and immigrant communities
share.
• To build a shared understanding of the REAL ID Act, and just who it impacts.
AgENDA OUTLINE
ExERCISE FORMAT TIME
Introduction Lecture 5 minutes
Crossing the border Lecture 15 minutes
Becoming “Legal” Lecture and large group
discussion 10 minutes
Barriers to transitioning as an
immigrant Lecture 10 minutes
REAL ID? Real Nightmare! Lecture 10 minutes
Introduction Trainer says:
Working in identity-based movements, we can often feel like we’re in silos—choice activists separate from racial justice activists, the immigrant rights movement separate from the LGBT rights movement. And it’s easy to forget the experiences we share. Today, we’ll talk about the shared experiences and policies impacting two marginalized communities–trans and immi- grant communities.
Crossing the border Trainer says:
Crossing borders of sex and gender may seem like a far cry from crossing national borders, but there are some big similarities:
50 minutes
137 Standing Together basic rights education fund
Fears & Gains
Crossing the Border
(continued)Nation Sex and Gender Trainer explains:
Everyone has a legal national
identity. Everyone has a legal docu-mented sex. When we think about citizen-ship or sex documentation, we
often just think of those who don’t have it–immigrants and transpeople. But the truth is, in the same way that all of us have a sexual orientation, all of us have a legal national identity, and all of us have a legal sex.
They are usually determined
by your place of birth. Sex is usually determined by the shape of your genitals at
birth.
And both sex and national identity are determined at birth–not by anything anyone does right or wrong.
Many people take long jour-
neys to cross the U.S. border. Many people take a long pro-cess to transition, and some
never finish.
Both transpeople and immi- grants go to great lengths to change their legal status– Many people are murdered for
crossing the border. Many people are murdered for transitioning. –and some lose their lives in the process.
Trainer says:
In addition to these broader frameworks, there are some much more concrete shared experi- ences between transpeople and immigrants in the United States:
“Immigrants and transpeople” portions written on flip chart: Both immigrants and transpeople… Trainer explains: Difficulty finding employment–and are often
unemployed or underemployed. Both trans and immigrant communities experience unemployment due to broader
social stigmas and pervasive employment discrimination. And in most cases, both lack legal protection against that discrimination. Many have to work underground–often in a
dangerous and unprotected work environment. As a result, many are forced to work under the table or in street economies–where
they’re often put at risk of nonpayment, or of physical danger.
Have difficulty accessing anything when an ID
is required. Since neither transpeople nor undocument-ed people can access accurate documenta-
tion, they’re cut off from key things that we’d often consider to be basic human rights. Trainer asks:
What are all the things you do each day that you need your ID for? “Nation” and “Sex and Gender” portions written on flip chart:
Fears & Gains
Crossing the Border
(continued)Write participants’ answers on flip chart. Answers may include the following:
• Accessing housing
• Starting a new job
• Getting food stamps
• Starting at a new school
• Getting insurance
• Getting health care
• Going to the bank
• Going to the movies
• Driving a car
Becoming “Legal” Trainer asks:
So, if you don’t have an ID, what does it take to get one? What does it take for immigrants and transpeople to become legally valid citizens, either by transitioning their legal sex or by gaining U.S. citizenship?
Written on flip chart: Legalizing citizenship
• Spend decades living in the United States while undocumented.
• Spend thousands of dollars on legal fees and additional taxes.
• Take a naturalization test, proving that you “know enough” about the nation.
Legalizing gender identity
• The “real life test” requires that transpeople live as your gender identity before you’re al-
lowed to change your name, change your documentation or access surgery.
• Spend thousands of dollars on medical and legal work.
• Prove gender identity to doctors and therapists.
Barriers to transitioning as an immigrant Trainer says:
Most states recognize the sex on your birth certificate as your legal sex. As an interim measure, in some states, you can get a state ID or drivers license with a letter from a therapist, confirm- ing a diagnosis of “gender identity disorder.”
Trainer asks:
So what are the major barriers to transitioning?
• Many immigrants don’t have access to their birth certificates.
• Different countries recognize transition and gender identity differently, so a birth certifi-
cate may be much more costly–or even impossible–to change.
• Proof of legal residency is required in many states to obtain a drivers license–so even the
“easier” ID to obtain is out of reach for trans immigrants.