South Asian Americans
Leading Together

Yes­ter­day marked the intro­duc­tion of the U.S. Cit­i­zen­ship Act of 2021, by Rep­re­sen­ta­tive Sanchez (D‑CA-38) and Sen­a­tor Menen­dez (D‑NJ). The bill is a his­toric piece of leg­is­la­tion that pro­pos­es a path­way to cit­i­zen­ship for 11 mil­lion immi­grants, includ­ing more than 650,000 undoc­u­ment­ed South Asians. 

Among oth­er things, this bill address­es issues that are fun­da­men­tal to the well­be­ing of South Asian com­mu­ni­ties, includ­ing lan­guage that:

• Creates an earned roadmap to citizenship for all 11 million undocumented immigrants, pro­vid­ing  Dream­ers, TPS hold­ers, and some farm­work­ers with an expe­dit­ed three-year path to cit­i­zen­ship, and giv­ing all oth­er undoc­u­ment­ed immi­grants an eight-year path.
• Reforms the family-based immigration system to keep families together by recap­tur­ing visas from pre­vi­ous years to clear back­logs, includ­ing spous­es and chil­dren of green card hold­ers as imme­di­ate fam­i­ly mem­bers, and increas­ing per-coun­try caps for fam­i­ly-based immi­gra­tion. It also elim­i­nates dis­crim­i­na­tion against LGBTQ+ fam­i­lies, pro­vide pro­tec­tions for orphans, wid­ows and chil­dren, and allows immi­grants with approved fam­i­ly-spon­sor­ship peti­tions to join fam­i­ly in the U.S. on a tem­po­rary basis while they wait for green cards.
• Updates the employment-based immigration system, elim­i­nat­ing per-coun­try caps, improv­ing access to green cards for work­ers in low­er-wage indus­tries, giv­ing depen­dents of H‑1B hold­ers work autho­riza­tion, and pre­vent­ing chil­dren of H‑1B hold­ers from aging out of the sys­tem. The bill also cre­ates a pilot pro­gram to stim­u­late region­al eco­nom­ic devel­op­ment, and incen­tivizes high­er wages for non-immi­grant, high-skilled visas to pre­vent unfair com­pe­ti­tion with Amer­i­can work­ers. 
• Supports asylum seekers and other vulnerable populations by elim­i­nat­ing the one-year dead­line for fil­ing asy­lum claims, reduc­ing asy­lum appli­ca­tion back­logs, increas­ing pro­tec­tions for U visa, T visa, and VAWA appli­cants, includ­ing by rais­ing the cap on U visas from 10,000 to 30,000.

We look for­ward to the pos­si­bil­i­ties this leg­is­la­tion presents. How­ev­er, we also urge Con­gress to address some of its harm­ful pro­vi­sions that exclude immi­grants who have been harmed by the racist crim­i­nal legal sys­tem, and hin­der immi­grants from access­ing health care and oth­er vital ser­vices on their path to cit­i­zen­ship. 

Pres­i­dent Biden and his admin­is­tra­tion must not only fol­low through with the above com­mit­ments but also trans­form the immi­gra­tion sys­tem to explic­it­ly account for cli­mate change, reli­gious per­se­cu­tion, and grow­ing right-wing fas­cism in South Asia. 

Amid mass depor­ta­tions of Black immi­grants, the COVID-19 pan­dem­ic, and ongo­ing inte­ri­or enforce­ment threats, SAALT will con­tin­ue to advo­cate to strength­en the bill and ensure that all immi­grants and their fam­i­lies have access to a humane immi­gra­tion sys­tem. A thought­ful immi­gra­tion pol­i­cy lifts us all. 

Yes­ter­day, white suprema­cy was on full dis­play at the US Capi­tol and at gov­ern­ment build­ings across the nation. These attacks rep­re­sent a bla­tant and ille­gal attempt to deter democ­ra­cy and pro­mote white suprema­cist beliefs ​— which harm every­one. All of us have a duty to respond, not only with con­dem­na­tion, but with sus­tained action against the insti­ga­tors and their sup­port­ers.

Though Con­gress has cer­ti­fied the results of the pres­i­den­tial elec­tion, they must do more. They must call for the removal of Pres­i­dent Trump and begin impeach­ment pro­ceed­ings ​imme­di­ate­ly. Repub­li­can lead­er­ship must ensure there is a peace­ful tran­si­tion of pow­er on and past Inau­gu­ra­tion Day​, and all mem­bers of Con­gress who incit­ed, encour­aged, or par­tic­i­pat­ed in this attack must be expelled for break­ing their Oaths of Office. Those respon­si­ble for yesterday’s attacks must be held ​equal­ly account­able under the law.  

We must also be care­ful about how to char­ac­ter­ize yesterday’s events. SAALT’s work on nation­al secu­ri­ty and immi­gra­tion issues since 9/11 has made it clear that label­ing acts of extrem­ist vio­lence as ter­ror­ism is dan­ger­ous and paves the way for the tar­get­ing of Black and Brown communities​, as seen through the War on Ter­ror frame­work. We can ​and must stand vig­i­lant against yesterday’s attacks with­out resort­ing to such char­ac­ter­i­za­tions by demand­ing that what hap­pened yes­ter­day is ​char­ac­ter­ized as white suprema­cist vio­lence. SAALT stands with our Black allies, who are right­ful­ly point­ing out the dou­ble stan­dards in how the white suprema­cists behind yesterday’s events are being treat­ed, as com­pared to the peace­ful pro­test­ers dur­ing last summer’s upris­ings.

“For our own com­mu­ni­ties, who were retrau­ma­tized by yesterday’s events, we are with you. The past four years have been a relent­less surge of poli­cies and attacks against the bod­ies and rights of so many com­mu­ni­ties, ours includ­ed. SAALT will con­tin­ue to press for the rever­sal of these xeno­pho­bic and racist poli­cies from the Trump era and push for bold solu­tions that will improve the lives of every­one.”

Sim­ran Noor, SAALT Board Chair

​

As South Asians, we also have work to do with­in our com­mu­ni­ties. There are reports of Indi­an Amer­i­cans being present at ​and encour­ag­ing yesterday’s attempt­ed  coup. Giv­en what we wit­nessed from the ​2020 Howdy Modi event in Texas fea­tur­ing Trump and Modi, this is no sur­prise. We have work to do with­in our own com­mu­ni­ties to raise aware­ness about the links between Hin­du nation­al­ism and white suprema­cy, and the dan­gers of ally­ing with the ele­ments who orches­trat­ed yesterday’s events. Sim­ply put: We can­not con­demn one fas­cist and excuse anoth­er. SAALT calls on its entire com­mu­ni­ty to hold these truths and stand unit­ed against nation­al­ism, fas­cism, and impe­ri­al­ism on all its fronts.

SAALT will con­tin­ue to share news and cov­er­age of the vio­lence, as well as help con­nect those affect­ed by the chaos with local resources. Please reach out to sruti@saalt.org with any ques­tions or requests.

Novem­ber 17, 2020: Yes­ter­day, the FBI released its 2019 Hate Crime Sta­tis­tics Report, show­ing the dead­liest year on record and the high­est num­ber of hate crime mur­ders since 1991. A total of 7,314 hate crime inci­dents were report­ed by law enforce­ment agen­cies. The FBI data illus­trates a slight decrease from last year’s report, and yet we know that com­mu­ni­ties of col­or, LGBTQ folks, and peo­ple with dis­abil­i­ties con­tin­ue to be tar­gets of hate vio­lence by white suprema­cist indi­vid­u­als and insti­tu­tions.

Major findings of the report:

• The FBI report cites the Sikh com­mu­ni­ty saw a slight decrease in the num­ber of report­ed anti-Sikh inci­dents in 2019, after a record 200 per­cent increase in 2018. And while crimes moti­vat­ed by anti-Mus­lim sen­ti­ment decreased, with 176 report­ed, over­all hate crime inci­dents tar­get­ing Mus­lims and those per­ceived as Mus­lims has been up since 2015. As of Novem­ber 1, 2020, SAALT and our part­ners have tracked 348 inci­dents of xeno­pho­bic or Islam­o­pho­bic rhetoric, and 733 inci­dents of hate vio­lence tar­get­ing Mus­lims and Asian Amer­i­cans, and those per­ceived as Mus­lim or Asian Amer­i­can, since Novem­ber 2015.
• Racial­ly moti­vat­ed hate crime inci­dents made up the major­i­ty of hate crimes report­ed in 2019, with near­ly half of the inci­dents moti­vat­ed by anti-Black racism. The num­ber of anti-Black hate crimes was the high­est it’s been since 2011.
• There were 51 hate crime mur­ders in 2019. 22 of those were the racial­ly moti­vat­ed mur­ders in the sin­gle El Paso shoot­ing last August. There was a nine per­cent increase in report­ed hate crime inci­dents against Lati­nos, and yet the dead­ly El Paso shoot­ing was cat­e­go­rized under “anti-oth­er race/ethnicity/ancestry” despite well doc­u­ment­ed anti-Mex­i­can sen­ti­ment. As report­ed in SAALT’s COVID report, the “oth­er” cat­e­go­riza­tion often obscures the true impact on com­mu­ni­ties. 
• Of the known offend­ers, over 50% iden­ti­fied as white.

The num­bers depict a far from accu­rate pic­ture of the real preva­lence of hate vio­lence inci­dents in the U.S. The fed­er­al gov­ern­ment has yet to man­date hate crime report­ing at the state and local lev­els. Dur­ing an extra­or­di­nary year of upris­ings and state vio­lence against Black and brown com­mu­ni­ties, it is imper­a­tive for Con­gress to pass the Jabara-Hey­er NO HATE Act, (H.R. 3545; S. 2043), which helps close vast gaps in hate crime sta­tis­tics and improve data col­lec­tion on hate crimes by local, state, and fed­er­al law enforce­ment agen­cies. The bill also includes a restora­tive jus­tice com­po­nent which pro­vides an “alter­na­tive sen­tenc­ing” pro­vi­sion that would allow spe­cif­ic defen­dants super­vised release to under­take edu­ca­tion­al class­es or com­mu­ni­ty ser­vice direct­ly relat­ed to the harmed com­mu­ni­ty. 

Hate vio­lence tar­get­ing South Asian, Arabs, and Mus­lims is fueled by state sanc­tioned white suprema­cy. Poli­cies and prac­tices like the Mus­lim Ban, fam­i­ly sep­a­ra­tion, and ongo­ing police vio­lence endan­ger our com­mu­ni­ties because they embold­en white suprema­cists. From the con­stant van­dal­iz­ing of mosques, har­rass­ment of Mus­lim women, to the tar­get­ing of South Asians in their own neigh­bor­hoods, we have seen the very real and con­stant impact of this vio­lence. SAAT is com­mit­ted to advo­cat­ing for pol­i­cy and com­mu­ni­ty based solu­tions that address hate vio­lence from its root cause — by fight­ing all the man­i­fes­ta­tions of state sanc­tioned hate.

On Tues­day, Jan­u­ary 26, the Depart­ment of Home­land Secu­ri­ty with­drew its pro­pos­al to rescind H‑4 work autho­riza­tions (EADs). This means that more than 100,000 H‑4 EAD recip­i­ents, the major­i­ty of whom are women of col­or, keep their abil­i­ty to work. This move to pre­serve the pro­gram sig­nals the Biden-Har­ris administration’s com­mit­ment to sup­port­ing immi­grant women work­ers who play an essen­tial role as we con­tin­ue to bat­tle the COVID-19 pan­dem­ic.

Despite this hope­ful news, SAALT con­tin­ues to hear from com­mu­ni­ty mem­bers who have been adverse­ly impact­ed by sig­nif­i­cant delays in the pro­cess­ing of H‑4 work autho­riza­tion doc­u­ments. These peo­ple must be pro­tect­ed, and the Biden admin­is­tra­tion must uni­lat­er­al­ly extend the valid­i­ty peri­od of all expired H‑4 EADs and resolve USCIS pro­cess­ing delays.

Hope­ful­ly, we will see these exten­sions come with the intro­duc­tion of the Cit­i­zen­ship Act of 2021 in the com­ing weeks. It seeks to for­mal­ize work autho­riza­tion for H‑4 EAD visa recip­i­ents, cre­ate an acces­si­ble and equi­table path­way to cit­i­zen­ship (espe­cial­ly for undoc­u­ment­ed essen­tial work­ers), and com­mit to a struc­tur­al trans­for­ma­tion of our bro­ken immi­gra­tion sys­tem that address­es and resolves back­logs. Pres­i­dent Biden and Con­gress must work togeth­er to pass clean immi­gra­tion and essen­tial work­er bills. 

Learn more about the cur­rent sta­tus of the H‑4 EAD rule, and take action: 

• Watch this video tes­ti­mo­ni­al from com­mu­ni­ty mem­ber and ally, Neha.
• Read Rep­re­sen­ta­tive Bon­nie Wat­son Coleman’s let­ter urg­ing the imme­di­ate exten­sion of H‑4 EAD expi­ra­tion dates.
• Share your own expe­ri­ences with H‑4 EAD process­es by post­ing on social media with the hash­tag #ProtectH4EAD.

This is a long over­due moment of hope for immi­gra­tion pol­i­cy; let’s make it count and #ProtectH4EAD.

Since Jan­u­ary 27th, 2017, count­less fam­i­lies have been sep­a­rat­ed, detained, and refused fair treat­ment under the Mus­lim Ban – but as of yes­ter­day, hope and jus­tice feel near­er, as Pres­i­dent Biden has signed an exec­u­tive order to end the Ban, repeal­ing an explic­it­ly racist immi­gra­tion pol­i­cy and stand­ing with Arab, Black, and Mus­lim Amer­i­cans.

SAALT spent the last four years as a part of the No Mus­lim Ban Ever cam­paign, mobi­liz­ing com­mu­ni­ty mem­bers and elect­ed offi­cials to stand against the Ban, and stand up for our com­mu­ni­ty. Yesterday’s vic­to­ry is the fruit of our col­lec­tive resis­tance to white suprema­cy, and our con­tin­ued defense of (im)migrant rights.

With the rescis­sion of the anti-Black, xeno­pho­bic, and Islam­o­pho­bic pol­i­cy, SAALT and our allies now have a clear­er path to fight for the pro­tec­tion of all migrants and immi­grants, regard­less of their back­ground. Still, of course, the Mus­lim Ban is just one cog in a high­ly flawed immi­gra­tion sys­tem, which must be trans­formed in its entire­ty; the enact­ment of the Mus­lim Ban only high­light­ed the entrench­ment of Islam­o­pho­bia and xeno­pho­bia in Amer­i­can cul­ture. Therefore, it is critical that the 118th Congress pass and enact the No Ban Act to limit executive authority from issuing future discriminatory bans based on religion and national origin.

It’s equal­ly cru­cial for our com­mu­ni­ty to rec­og­nize that Pres­i­dent Biden’s rescis­sion of the Ban only marks the begin­ning of an ardu­ous heal­ing process – a chal­lenge which we must come togeth­er to address. This is why SAALT is pri­or­i­tiz­ing and prac­tic­ing restora­tive jus­tice strate­gies in our con­tin­ued fight against insti­tu­tion­al­ized Islam­o­pho­bia and xeno­pho­bia. Our col­lec­tive abil­i­ty to hold space for heal­ing will deter­mine the sus­tain­abil­i­ty of our move­ment, and we ask our com­mu­ni­ty to rec­og­nize the harms that these dis­crim­i­na­to­ry poli­cies have on the men­tal and phys­i­cal well-being of impact­ed com­mu­ni­ty mem­bers for gen­er­a­tions to come.

As hope and jus­tice draw near­er, we call on Pres­i­dent Biden and his admin­is­tra­tion to con­tin­ue show­ing sup­port for Black, Indige­nous and all oth­er com­mu­ni­ties of col­or, and con­tin­ue to con­demn and act against white suprema­cy and hatred.

Please reach out to sruti@saalt.org with any ques­tions or requests.