Senate Committee Passes Bill

Last night, the Senate Judiciary Committee voted to send the immigration reform bill to the Senate for a full vote – an important step forward for immigration reform. The bill would provide a pathway to citizenship for millions of undocumented immigrants, create new mechanisms to fund and promote English language classes and other integration services, improve protections for refugees and asylees, and protect the rights of immigrant and U.S. workers.

We still have a lot of work to do, though. An amendment passed by Senator Grassley would make three drunk driving convictions an aggravated felony, which would result in mandatory deportation. Not only is the definition of aggravated felony already much too broad, but immigration judges have very little power to stop a deportation based on an aggravated felony conviction, even if a person clearly deserves another chance. The bill would also make it harder in some ways to bring family members to the U.S., and would do little to improve harsh deportation policies.

Next Steps – Send Us Your Stories!

SEARAC needs your help continuing to educate two key Senators: Senator Klobuchar of Minnesota and Senator Whitehouse of Rhode Island, who both expressed support for tougher deportation policies based on suspected gang membership. We will continue to educate Senator Klobuchar and Senator Whitehouse about how our communities have been impacted by gang policies that result in increased racial profiling and criminalization of young people of color. SEARAC will also turn our attention to the House of Representatives, which will begin to develop its immigration bill this week.

We need your stories!! We have found that personal stories make the biggest difference in Washington, DC. Do you or someone you love have personal experience with being misidentified as a gang member, or faced the consequences of alleged gang membership many years later? Are you or someone you love facing an order of deportation? Please share your story with Mari at mari@searac.org or 202-601-2970 so that together we can continue to educate policymakers on the Hill about these important issues.

Preview. Download the full infographic below.

Download the infographic LGBT Health, Racial Disparities, and Aging—By the Numbers, today!

Americans who are people of color, older adults and LGBT identified (referred to in this blog post as LGBT elders of color) often have unique needs because of the intersections of identities. LGBT elders of color are historically marginalized on multiple fronts and their needs are often under addressed in the mainstream aging field and in the popular LGBT rights movement.

To bring awareness to these challenges, in April SAGE released Health Equity and LGBT Elders of Color, a report that examines health disparities faced by LGBT elders of color, and offers policy solutions in 10 areas to address these challenges. You can download the report at sageusa.org.

Today, SAGE is supplementing that report with the release of LGBT Health, Racial Disparities, and Aging—By the Numbers, a striking infographic that illustrates the many health and wellness challenges faced by older adults who are people of color and/or LGBT. Some of the findings include:

• Among LGBT elders, aged 50+, 47% have a disability
• One quarter of transgender elders age 50+ are in poor health, and 22% could not afford to see a doctor
• Black people are 2X, and Latino people are about 1.5X more likely, than their White counterparts to have Alzheimer’s and other dementias
• American Indian/Alaska Native people have higher rates of heart disease and diabetes than other racial/ethnic groups

Download the infographic LGBT Health, Racial Disparities, and Aging—By the Numbers, today! Help raise awareness of the issues faced by LGBT elders of color by sharing it widely.

Read the full post on the SAGE Blog>>>

Bryan Pacheco is the Communications & Community Advocacy Associate at Services & Advocacy for GLBT Elders (SAGE). The opinions expressed in this article are those of the author and do not necessarily reflect those of the Diverse Elders Coalition.

“Wake up, kids! It’s 6:30!” my grandpa said as he pulled off the blanket that covered my head. I moved around, pretending to stretch and then curling back into a ball. Through my squinted eyes, I could see that my siblings were still lying next to me. I popped my head up and looked at the alarm clock across the room. It read: 6:10. This was my daily routine growing up. I grew up with my grandparents taking care of me and my siblings since my parents were always so busy working. For as long as I can remember, my grandpa was always the one taking me and my siblings to school every morning, and picking us up every afternoon once school got out. We numbered a total of eight kids at the time who were all attending elementary, middle, and high school. My grandpa always said that once he dropped us all off at school, within an hour or so, he would have to start picking us up again. This was true given the fact that we were in almost every grade level.

I never knew if my grandpa ever grew tired of doing the same thing every day because he never complained about us. Instead, he always dropped us off 30 minutes before the school bell rang and would always be waiting at the same spot to pick us up before school got out. He was never late and always made sure he got all the kids back home safe and sound. He even made sure that we took care of each other once we were at school. “Don’t mess around, and make sure you big kids watch out for the little kids,” he would say every morning when he dropped us off at school.

Because I spent my whole childhood with my grandpa, I got to know and love him very much. I admired the fact that he never gave up on himself. As a refugee from Laos who arrived in the U.S. in 1990, he did his best to quickly adjust to America. He managed to teach himself how to drive, which gave him a whole lot of freedom. And even though he only knew two English words: “yes” and “no,” he managed to find junk yards where he could buy metals and other materials to make his own tools and furniture, putting the blacksmith skills he had brought with him from Laos to good use.

I am thankful that my grandpa taught me to love because he raised all twelve of his grandchildren out of pure love: taking us to school every morning, picking us up from school every afternoon, and making sure that we were safe and sound. He also taught me courage because even though he did not speak any English, he managed to be independent in his own way in America. Growing up, I learned so much from this man and I wished that I could have had more time with him. Now, he is at rest and may his soul be at peace. Mus zoo, kuv yawg. I will always remember all the great memories we shared together. Thank you for everything.

May is Asian American Pacific Islander (AAPI) Heritage Month. I wrote this post to honor an elder and the AAPI hero in my life. Read more stories about grandparent wisdom (and submit your own!) at www.searac.tumblr.com.

Alexis Martinez (left) worried that coming out to daughter Lesley as transgender would mean giving up any relationship with her grandchildren. But she needn’t have worried.

Alexis Martinez grew up in a rough neighborhood on Chicago’s South Side in the early 1960s. She knew she was transgender from an early age.Alexis (whose birth name is Arthur) struggled with her identity, as did her family. At 13, she came out as transgender to her mother. Alexis’ mother called the police, who laughed and told her, “You’ve got a fag for a son, and there’s nothing we can do about it.”

As a result, Alexis joined a gang and “went as macho as [she] could be, to mask what [she] really was underneath.”

Alexis has a daughter, who accepts her for who she is. Says her daughter Lesley: “You don’t have to apologize. You don’t have to tiptoe. We’re not going to cut you off. And that is something that I’ve always wanted you to, you know, just know—that you’re loved.”

Listen to the full exchange on StoryCorps website.

Alexis’ story is one that is often untold and illustrates the complexities of being marginalized on multiple fronts.

In 2012, Services & Advocacy for GLBT Elders (SAGE) and the National Center for Transgender Equality released the report Improving the Lives of Transgender Older Adults: Recommendations for Policy and Practice. Download it here.

 ”I would have her tested to be able to help her better, and have a better life for me and all of those who live at home.”

“The doctor told me that she didn’t have Alzheimer’s-she said, who was I to tell her that? After examining her, the doctor admitted that she had early signs of Alzheimer’s.”

“For those of us who love our family members, I believe we have to give them a hand, take them to a doctor, have tests done-because in its early stages, maybe life is better for those who take care of them.”

During the focus groups, caregivers stressed the importance of taking their loved ones to a doctor and insisting on a having a screening for AD.  Surveys show that AD is consistently mentioned as one of the most feared diseases, but early detection and treatment sets older adults on a path to managing the condition before it becomes overwhelming.

“…when someone lives 24/7 with a sick person, you get tired. And from what I’ve heard, you have to look for family support, make the patient’s life better.”

“It causes a lot of stress, exhaustion. And this is true because it reduces the capability to follow someone. In my case I work, but at the same time I have to take care of her.”

“I think it would be good if they gave us a family training, because, in my case, this training they’ve given has been pretty useful to me.”

Support and training for caregivers is also important. While people with AD may take medication to slow the progress of the condition, many still require constant supervision. This means that teaching caregivers strategies for coping with stress and the demands of caring for a loved one are essential. As one caregiver stated, it is important to train entire families about how to care for a loved one with AD.

“In my case, the relationship between my father and the doctor is a good one. She is gentle and relaxed and she understands Spanish, and that has helped my father to talk.”

“One doesn’t even know where to go, here in the Valley. How can we ask for help?  How can we ask for suggestions about this? Because there are none. There’s no support service.”

Having a doctor that speaks Spanish and access to culturally and linguistically appropriate services are especially important for Hispanic caregivers.  Caregivers stressed that it is very important for people with AD to have a doctor that they like and can communicate effectively with. In addition to following treatments from a doctor, it is also helpful for caregivers to have a place to turn for help and information that is in their own language.

As the population of diverse older adults increases, so too will the number of diverse elders with AD.  Today’s caregivers provide valuable insight on how to best care for a loved one and how to cope with stress it can create. Support for families and caregivers and cultural and linguistic competence among health care and service providers will be vital in ensuring that diverse elders are able to manage AD as well as possible.

NHCOA will host a Capitol Hill Briefing on Tuesday, May 7, in Room 122 of the Cannon House of Representatives OfficeBuilding in Washington, DC.  We would be thrilled for you to attend.  For more information, please email Jason at jcoates@nhcoa.org.

More information here.

The bill includes promising pieces on reducing barriers to naturalization for older immigrants. According to the Migration Policy Institute, there are more than 5 million immigrants over the age of 65 in the United States. Immigration reform presents a new opportunity—the best in years—to allow older new Americans to fully participate in American society and life, legally as well as civically.

The bill currently being discussed in the Senate proposes a few adaptations to two pieces of the naturalization process: the English language test and the civics test. Waiving the English language requirement would allow individuals to interview and take the civics test in their native language. In italics is the previous ruling:

1. Waive the English language requirement and civics test requirement for anyone over age 65 and lawfully present for at least five years. The current English language and civics requirements waivers only apply to physical and developmental impairment cases.

2. Waive the English language requirement for anyone who is over 60 years of age and lawfully present for at least 10 years. The current law requires individuals to be at least 55 years of age and lawfully present for at least 15 years, or at least 50 years of age and lawfully present for at least 20 years. These exceptions remain in the proposed bill.

3. Allow the Secretary of Department of Homeland Security to waive the civics requirement on a case-by-case basis for anyone who is over 60 years of age and lawfully present for at least 10 years. Previously, the law required individuals to be at least 65 years of age and be lawfully present for at least 20 years.

In 2010, 2.8 million older immigrants were Limited English Proficient, and nearly half had less than a high school education. Reducing the residency and age requirements and modifying the English language and civics requirements will make it easier for older immigrants to naturalize.

However, other concerns remain for older immigrants that are unaddressed in the bill. There are half a million older individuals age 55 and older who are undocumented. While the immigration bill offers a path to citizenship for individuals, the long waiting period to naturalize does not allow access to safety net programs like Medicaid or Supplemental Nutritional Assistance Program, nor does it accept work credits towards earned benefit programs like Medicare and Social Security. In addition, there is also the question of what happens to older immigrants who are unable to naturalize, even with the reduced barriers. For instance, older refugees are limited to seven years of access to Supplemental Security Income. Those who are unable to naturalize will lose access to these lifeline benefits.

For more on older immigrants and immigration reform, please also see our most recent Diverse Elders Coalition statement on immigration reform.

The DEC stands in support of the following principles, in support of inclusive immigration reform:

Immigration reform must keep families united, not divided. Aging communities like all communities rely on family members and partners to support them.  Families extend beyond the traditional family structure, including grandparents raising grandchildren and same sex partners. Immigration reform impacts all aspects of family and it is critical that any immigration reform reinforces the American values of keeping families together.

Ensuring access to benefits. 2010 data revealed that total personal income of older immigrants was lower than that of US born older adults. In addition, older immigrants are more reliant on Supplemental Security income than native born older adults. However, there are currently a number of restrictions on access to public benefit programs for immigrants, lawful permanent residents, and undocumented immigrants.  The Diverse Elders Coalition calls for removal of these barriers to needed supports and recommends the following policies to ease access to benefits:

• delinking citizenship as a criteria of eligibility for SSI for refugees and asylees,
• removing the 5-year ban on access to means-tested public programs including Medicaid, Temporary Assistance for Needy Families, Supplemental Nutritional Assistance Program, and Supplemental Security Income for lawful permanent residents.
• and ensuring access to public benefits programs for undocumented immigrants who are on the path to citizenship.

Supporting immigrant integration and culturally and linguistically appropriate services. 2010 data showed that over half of older immigrants were Limited English Proficient. The Diverse Elders Coalition stresses the importance of supporting immigration integration programs for all immigrants, but especially older adults and elderly immigrants. In addition, we support culturally and linguistically appropriate services within the aging services network to be able to support immigrant and Limited English Proficient elders in enjoying a full quality of life.

Support for Direct Care Workforce and caregivers. In 2007, more than one in five older immigrants reported having a physical or mental health condition that lasted more than six months and made it difficult or impossible for them to go outside of their home alone. The direct care workforce, as well as informal family caregivers, provides crucial long-term supports services to older adults. About 20-23% of the current direct care workforce is foreign-born.  We support immigration reform to allow more employment visas to domestic care workers – similar to other high-need sectors – and inclusive pathways to citizenship for undocumented care workers. In addition, we urge decision-makers to strengthen supports for caregivers, such as providing a dependent care credit that individuals who spend a certain amount of their working years caring for elderly family members can use to count towards their Social Security earnings.

The Diverse Elders Coalition (DEC) advocates for policies and programs that improve aging in our communities as racially and ethnically diverse people; American Indians and Alaska Natives; and lesbian, gay, bisexual and/or transgender people.

Founded in 2010, and comprising five national organizations representing millions of diverse older people, the DEC focuses on strengthening policies and programs to enhance the health and well-being of diverse elders, educating and connecting our older people and their loved ones to key policy debates on aging, and increasing public support for issues that affect our communities.

Read my recent editorial in The Huffington Post about health equity for LGBT elders of color. You can also read it on the SAGE Blog.

Screenshot of SAGE’s new policy report

Robert Espinoza is the Senior Director for Public Policy and Communications at Services and Advocacy for GLBT Elders (SAGE). The opinions expressed in this article are those of the author and do not necessarily reflect those of the Diverse Elders Coalition.

Older adult at NHCOA’s National Annual Conference

During the past decade, there have been several attempts to tackle comprehensive immigration reform. While legislation is set to emerge in the next couple of months, we at NHCOA urge our leaders to be a beacon of hope for fair immigration reform, for our older adults expect nothing less. Indeed, immigration reform is one of the top three concerns for Hispanic older adults today. We stand at the cusp of a unique opportunity to uphold a key American value – ensuring opportunity for all to reach the American dream.

When immigration reform takes effect, there would be important benefits for older adults, direct care workers, family caregivers and individuals with disabilities. A key component of immigration reform is the creation of an expedited process for some unauthorized immigrants, including qualified individuals brought to the U.S. as children (referred to as “DREAMers”) and agricultural workers. In addition, a streamlined visa and expedited process would be established for family unification and highly skilled immigrants with advanced degrees in science, technology, engineering or math (referred to as STEM careers).

Including direct care workers in the STEM category would be particularly beneficial for all older adults. If there is a pathway to citizenship for direct care workers, older adults and people with disabilities will have more support aging with dignity through Community Based Long-Term Services and Support. Today, direct care work is one of the fastest growing jobs in the country.A path to citizenship for direct care workers not only benefits employees and employers in this field, but it also means better quality care for older adults by providing services necessary for daily living, such as preparing meals and making sure older adults are caring for themselves.

It is also important to note that immigration reform should be inclusive of older adults and immigrants with disabilities. Of the approximately 11.5 million unauthorized immigrants currently living in the United States, 1.3 million are between 45 and 54 and another half million are 55 and older. Oftentimes, undocumented workers are forced to take jobs that are physically demanding. This, along with barriers to health care and conditions of poverty can cause disabilities and/or diseases to accumulate over time. Immigrants with permanent resident status have to go through a five-year waiting period before becoming eligible for Medicaid. And even though permanent residents can qualify for Medicare after a five-year waiting period, older immigrants may not qualify if they do not have enough payroll tax credits. Although older adults may become citizens after immigration reform, they may still face substantial barriers to aging in good health and economic security if reform does not secure a humane qualification for Medicare and Medicaid.

There are also cultural, linguistic and age barriers that keep immigrant and diverse older adults from receiving information on public benefit programs. For example, Hispanic older adults may fear discrimination and social stigma if they request information in Spanish. As a result, they may not understand information they receive in English and may not ask to receive information in Spanish. NHCOA and the members of the Diverse Elders Coalition (DEC) play a crucial role in improving the lives of our country’s diverse elders by connecting them with resources to which they are qualified. NHCOA’s Empowerment and Civic Engagement Training teaches older adults about how to petition their elected officials to improve their communities.

Participants in NHCOA’s recent Empowerment and Civic Engagement Training in Los Angeles

Providing a comprehensive immigration reform that includes every generation is crucial in order to move our country forward. NHCOA, along with our National Hispanic Leadership Agenda leaders, support the following key principles to shape immigration reform:

1. Provide a Path to Citizenship for Undocumented Immigrants

A key goal of comprehensive immigration reform should be regularizing the status of the undocumented population, providing a clear and just path to citizenship and bringing them under the protection of our laws. By legalizing immigrants who live, work and contribute to life in the U.S., our nation can deal fairly with those who have responded to an economic reality ignored by the law.

2. Restructure the Immigration System

The ultimate goal of comprehensive immigration reform is to bring all U.S. residents under the protection of our laws. To accomplish this, the immigration system as a whole must be restructured so that it is workable, just and pragmatic. This means eliminating long lines, statutory ambiguity and impractical visa caps, so that the system no longer fosters conditions for the growth of undocumented immigration. Immigration quotas should reflect migration patterns.

3. Preserve Family Unity

Family unity has been a cornerstone of U.S. immigration policy since 1965. If immigration reform is to succeed, it must ensure that family reunification continues to be a primary objective.

4. Ensure Due Process and Civil Rights

The judicial review of immigration cases has been severely limited in the last decade, eroding the system of checks and balances that protect the rights of immigrants. We support repealing jurisdiction-stripping provisions enacted in the Illegal Immigration Reform and Immigrants Responsibility Act of 1996 (IIRAIRA) that prevent the federal courts from reviewing discretionary decisions in cases involving cancellation of removal, certain waivers of inadmissibility, voluntary departure or adjustment of status, as well as removal orders based on minor criminal offenses.

5. Humane Enforcement of Immigration Laws

Our nation’s government has a sovereign right and duty to secure borders and other ports of entry into the United States. Creating a legal, safe and orderly system that manages our immigration flows is an essential part of achieving that objective. Tragically, our current immigration system has helped create a deadly, chaotic and lawless reality that is inconsistent with our national security goals and our constitutional and humanitarian values.

6. Federal Pre-Emption

The Supremacy Clause in the Constitution (Article VI, clause 2) says that when Congress is empowered by the Constitution to legislate on an issue, it preempts or overrides related state legislation. When a conflict exists between federal and state law, the Constitution and federal law prevail. For more than a century, immigration law was considered a federal responsibility.

L.A. Regional Meeting participant addressing audience with Rep. Becerra (D-CA) in 2011

In recent years, anti-immigrant sentiment programs try to make state and local law enforcement “partners” in immigration enforcement, and the failure of the federal government to enact comprehensive immigration reform has led to dozens of state laws addressing immigration. In 2010 and 2011, 43 states passed 164 anti-immigrant laws. In the first half of 2012, 41 states enacted 114 immigration-related laws and adopted 92 resolutions. Most involve state enforcement of immigration laws. Together, they have contributed to widespread racial/ethnic profiling and the civil rights violations of immigrants, such as Latinos and others who fit the stereotype of “looking foreign,” regardless of their status in the country.

While Congress debates comprehensive immigration reform, NHCOA looks forward to a fair and humane solution that is responsive to our diverse demographic, including older adults – a solution that includes addressing the shortage of health professionals and direct care workers to care for an aging America.

P.S.

NHCOA attended the Immigration Reform Rally in Washington D.C. It was an inspiring day!

NHCOA representing the interests of the older Hispanic community at the immigration reform rally

Read the full issue brief here.

And don’t forget to come back on Wednesday April 10, right here on diverseelders.org as NHCOA’s president Dr. Yanira Cruz will blog about Immigration Reform and Politics in an Aging America.