discrimination

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Last week, the Court of Appeals for the Ninth Circuit granted a request by Proskauer and our co-counsel, the Mexican American Legal Defense and Educational Fund (MALDEF) to block efforts by the Tucson Unified School District (TUSD) to be released from a court-supervised desegregation plan first imposed on the district in the 1970s.

MALDEF has represented Latino plaintiffs in the desegregation case since it was first filed in 1974. Thereafter, MALDEF’s case was combined with a lawsuit filed on behalf of African American students who similarly claimed that there was a longstanding pattern of racial segregation in TUSD’s school operations and curriculum. In 1978, a court agreed that there was intentional discrimination against Latino and African American students, and ordered the schools to be desegregated under court supervision.

Since my trip to the U.S./Mexico border last summer, the situation for families seeking asylum has only become more challenging, especially in light of the Administration’s new “Remain in Mexico” policy.  This week, I am in Mexico along with Proskauer colleagues, Valarie McPherson, special immigration counsel, and Savannah Sosa, a project assistant.  We are providing asylum presentations and individual consultations in partnership with Institute for Women in Migration, IMUMI (www.imumi.org).

The new policy raises a number of questions, but first some background.

The Remain in Mexico Policy

On December 20, 2018, the Administration announced that it would begin implementing a “Remain in Mexico” policy – officially dubbed the Migrant Protection Protocols (MPP) – which requires asylum-seekers from Central America at the southern border to wait in Mexico for the duration of their U.S. immigration proceedings.  This marks a fundamental shift in asylum policy because, until now, asylum-seekers who lack valid entry documentation generally have been placed in expedited removal proceedings.  Applicants who passed a credible fear interview were then allowed to remain in the U.S., pending immigration court proceedings.

For many transgender people, undergoing gender-affirming surgery is a crucial step toward a healthy gender transition. While not all transgender people need or want gender-affirming surgeries to be part of their transitions, receiving such surgeries may be life saving for some who do.

The American Medical Association has established that gender-affirming surgery is effective and medically necessary for many individuals diagnosed with gender dysphoria. Gender dysphoria is a serious medical condition resulting from an incongruence between one’s experienced or expressed gender and one’s gender assigned at birth. The symptoms of gender dysphoria can include distress, depression and suicidality.

Surveys show that 41 percent of transgender Americans report having attempted suicide, and there is a clear link between these high rates and the lack of transition-related health care coverage.