National
New hope for bi-national gay couples
ICE closes proceedings against gay Venezuelan national
LGBT advocates working on immigration issues are hoping the cancelled deportation this week of a gay foreign national living in the United States could be promising news for bi-national same-sex couples in danger of separation.
On Wednesday, Henry Velandia, a gay Venezuelan national, and his spouse, Josh Vandiver, a U.S. citizen, received formal notification from U.S. Immigration & Customs Enforcement saying the agency would no longer pursue deportation proceedings against Velandia.
After coming to the United States in 2002 legally on a visitor’s visa, Velandia faced potential deportation after he remained in the United States after his visa expired in six months.
To allow him to remain in the United States, Vandiver sought to obtain a green card for his spouse, whom he legally married Connecticut, through a marriage-based application. However, ICE had informed the couple the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, prevented the agency from issuing Velandia a green card.
On May 6, Velandia faced a hearing before an immigration judge, who could have ordered deportation, separating him from Vandiver for at least 10 years. However, Riefkohl halted deportation proceedings against Velandia because of a recent order that U.S. Attorney General Eric Holder issued on the previous day to vacate similar deportation proceedings in the case for another New York same-sex bi-national couple.
The notification that the couple received on Wednesday closes the deportation proceedings and marks the first time ICE has administratively closed the such proceedings against the spouse of a gay U.S. citizen.
In a statement provided to the Washington Blade, Vandiver said the notification of the decision on Wednesday was “the second happiest day of my life, second only to the day Henry became my husband.”
“On Wednesday, Henry and I learned that the government was no longer trying to tear us apart and destroy our marriage,” Vandiver said. “Now we can start building our future together. This is the fruit of a hard-fought struggle over the past year to bring recognition to the terrible harm DOMA is causing same-sex binational couples.”
“Wednesday’s decision closing Henry’s deportation case is the first sign of hope that these deportations are finally ending and it’s our deepest hope that it has a positive impact across the country for all couples like us,” Vandiver added.
The new development has LGBT rights supporters working on immigration issues looking to the Velandia case and Vandiver to have an impact to help other deportation proceedings facing bi-national same-sex couples living in the United States.
Steve Ralls, spokesperson for Immigration Equality, also said his organization intends to press the administration to make sure other couples that are facing similar separation under immigration law are treated the same as Velandia and Vandiver.
“We have married bi-national couples in places like Vermont, New York and California that are facing separation before the end of this summer,” Ralls said. “We expect that ICE’s message in Henry and Josh’s case is they are no longer prioritizing the deportation of gay spouses and we expect other couples to receive the same treatment.”
Lavi Soloway, a New York-based immigration lawyer who handled Velandia’s case, said the decision to close proceedings in this situation shows the administration has leeway to stop deportations in similar cases.
Soloway, founder of Stop the Deportations, said he plans to draw on the Velandia decision when he appears in a San Francisco immigration court on July 13 to stop the potential deportation of another foreign national, Alex Benshimol, who married his partner Douglas Gentry.
“It demonstrates the ability of ICE to use its prosecutorial guidelines to protect bi-national couples from being torn apart by deportation,” Soloway said. “The circumstances are very similar.”
But whether this case will have an impact on others remains to be seen. Gillian Anderson, an ICE spokesperson, confirmed that her agency filed a motion to close proceedings in the Velandia case, but maintained her agency continues to enforce the law.
“There has been no change in policy with regards to deportation cases affected by the Defense of Marriage Act,” she said. “Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including [the Department of Homeland Security], will continue to enforce it unless and until Congress repeals it or there is a final judicial determination that it is unconstitutional.”
Observers say the decision to close proceedings in the Velandia case could be related to a memo ICE issued on June 17 listing situations in which enforcement agents may decide to exercise prosecutorial authority and dropped proceedings against undocumented immigrants living in the United States.
While the memo doesn’t explicitly offer protections to gay couples, it states undocumented immigrants with “family relationships” in the United States, or individuals with a “U.S. citizen or permanent resident spouse” may be considered for discretion.
Ralls said the similar timing of the distribution of the memo and the decision to terminate proceedings against Velandia was noteworthy and said it could mark an “unofficial” change in administration policy.
“I believe we’re beginning to see some dots being connected that can lead us to the assumption that there is now an unofficial policy that the White House does not want to see these couples torn apart,” Ralls said. “I certainly hope that’s the case, and more and more, I think we’re seeing a gradual evolution leading in that direction.”
But Soloway said the new guidelines are similar to memos that were already in place even before the Obama administration emphasizing the deportation of criminals and others who would endanger the safety of Americans should be a priority as opposed to law-abiding immigrants or immigrants that have family relationships in the United States.
“So the June 17 memo is a clarification that really gives much more detailed guidance than we had previously, but there’s no departure in the June 17 memo from the existing guidelines,” Soloway said. “It just offers more examples and a little bit more guidance than what previously existed.”
Even with ICE agents allowed to exercise prosecutorial authority to discontinue deportation proceedings against gay foreign nationals in relationships with U.S. citizens, LGBT immigration groups are still seeking a blanket moratorium on these proceedings to ensure they stay together in the United States.
Ralls said the Obama administration has already set a precedent to suspend deportations of undocumented immigrants in relationships with U.S. citizens. In 2009, Secretary of Homeland Security Janet Napolitano granted deferred action to undocumented immigrant widows who were married to U.S. citizens for fewer than two years before to their spouse’s death.
“They should receive explicit direction from the White House to [issue a moratorium], and we’re not going to step back from that call until we have an assurance that none of the families in this situation will be torn apart,” Ralls said.
Soloway said the memos on exercising prosecutorial authority are helpful and offers the U.S. government “the opportunity to do the right thing on a case-by-case basis,” but still isn’t the more clearly articulated moratorium that LGBT advocates are seeking.
“Nobody’s fate should be subject to the discretion of a specific ICE officer or agent,” Soloway said. “There should be a policy coming the administration that specifies that these deportations should be halted.”
The fight to obtain this moratorium could be an uphill battle. White House Press Secretary Jay Carney has indicated that President Obama believes legislative action on immigration issues is needed — as opposed to a moratorium — and “he can’t just wave a wand and change the law.”
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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