JULY 1981 HIGH GEAR Page 5
Immigration gets complaint; TWA faces lawsuit
Deported gay man takes action
Reprinted with permission of GAY COMMUNITY NEWS, 22 Bromfield Street, Boston, MA. 02108
By Jil Clark NEW YORK-A gay man U.S. immigrants officials recently turned away from the U.S. border has filed a formal complaint against the Immigration and Naturalization Service and is suing Trans World Airlines for their assistance to the INS in deporting him.
Lesbians and gay men in several countries protested on May 29 against the harassment of lesbian and gay male visitors to the U.S. by border guards here.
Philip Fotheringham, a 23year-old British and Canadian citizen, flew from England into New York on May 5, intending to visit a friend in Washington, D.C. before returning to his parents' home in Toronto.
At customs, in Kennedy International Airport, an official checked to see if Fotheringham's name appeared in a book of "undesirable persons." Immigrations officers then searched his luggage until they found written indication that Fotheringham is! gay.
Fotheringham told reporters that one of the officials, upon discovering his diary, said, "I think we've hit the jackpot here." In what Fotheringham described to the London Gay News (GN) as "three hours of absolute hell and harassment," immigration officers passed around and read a number of his personal letters and his journal.
Fotheringham said that he was wearing no gay buttons and had not otherwise identified himself as gay to the officials.
Fotheringham said that while the officials were reading his personal papers, Supervisor Mills privately interrogated him:
"Do you realize it's against the law for a homosexual to enter the U.S.?"
Fotheringham replied that he thought that the INS regulations had been suspended so that now gays could enter the U.S. for a short time.
"Well it has changed. Now I have to ask you some questions. Do you admit to being a homosexual? ...How long have you been a homosexual?...Have you. had sex with a man in the last six months?"
Fotheringham responded truthfully to each question, not realizing he had a right to remain silent, he told GN.
Mills pressured Fotheringham into signing a waiver accepting voluntary deportation. Fotheringham said he relented when Mills told him that, if he did not leave immediately, he would have to go before a circuit court judge who would bar him from entering the U.S. for life. Fotheringham maintains that he was not allowed to consult an attorney unless he opted to go befor a judge,
Canadian consulate which could have had him flown back to Canada. Fotheringham told GN that he asked to either be deported to Canada or held overnight in prison so that his parents could come to get him. INS officials refused to consider doing anything other than sending him back to London, Fotheringham said.
The International Gay Association (IGA) has filed a formal complaint on Fotheringham's behalf with the Office of Professional Responsibility--a federai agency which investigates improper acts by civil service agencies.
As INS regulations now stand, border guards are supposed to "parole" homosexuals into thr U.S. for a temporary perioa Parole is granted by an immigrations judge. Immigrations officials are not to ask visitors whether they are homosexual unless they identify themselves
אלון
According to The Body Politi (TBP), the officials would no allow him to call his friend ir. Washington, his parents, or the
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as such or are identified by a third party,
According to TBP, the Acting Deputy Commissioner of the INS has said that if Fotheringham's story is accurate, "there was definitely a mistake made." No new operational instructions have been sent to the field offices. The
interim policy is still in effect." Hockenberry told GCN that Fotheringham is suing TWA for "false imprisonment."
Ten minutes before the TWA jet took off for London, Fotheringham was allowed to contact his friend in Washington, who told him not to leave the country
and that a lawyer was on the way.. According to GN, Fotheringham informed TWA manager who was escorting him to the plane that he had changed his mind, but the official ordered him to board the plane voluntarily or be carried on board. -filed from Boston
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