National
Bi-national couples await relief under Obama policy change
New hope, as immigration enforcement shifts focus
Brian Andersen is nervously awaiting a phone call from U.S. immigration officials.
Andersen, an American citizen who married his spouse, Anton Tanumihardja, an Indonesian national, in D.C. in June, hopes that U.S. Immigration & Customs Enforcement will deem the deportation proceedings against Tanumihardja to be a low priority and take him out of the pipeline for potential separation from the country.
“To be a little cliche, it really would feel like a burden would be lifted from our shoulders,” Andersen said. “Of course I do know in the back of my mind, that certainly isn’t the end of the road, but it would certainly take the immediate threat away of the government tearing my spouse away from me.”
MORE IN THE BLADE: DHS GUIDANCE ON IMMIGRATION OMITS SAME-SEX COUPLES
Such an opportunity is possible for Andersen and Tanumihardja thanks to new guidance that the Obama administration unveiled last week in immigration policy. In a letter to the Senate, Secretary of Homeland Security Janet Napolitano last week indicated that authorities will conduct a case-by-case review of the approximately 300,000 undocumented immigrants facing possible deportation to determine which cases are high priority and low priority for separation from the country.
Those who have been convicted of crimes or pose a security risk will be a higher priority for deportation, while those who are deemed lower priority will be taken out of the pipeline. Administration officials will weigh a person’s ties and contributions to the community and family relationships. The Obama administration has said these criteria are inclusive of LGBT families and same-sex couples.
Tanumihardja has lived in the United States since 2002 and has sought residency in the United States through the asylum process. After losing his bid for residency through this process, he was served with a final deportation order and was set for separation on Feb. 14. However, immigration officials postponed the deportation temporarily and Tanumihardja must continue to check in with ICE officials. At any time, the deportation office can set a date for his separation from the country.
Andersen, who lives in Philadelphia with his spouse, said a call from ICE removing Tanumihardja from proceedings would provide immediate relief until action is taken to repeal the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.
“It doesn’t solve the larger issue of the discrimination of the Defense of Marriage Act, and still wouldn’t allow me to sponsor Anton for permanent residence, but it is a step in the right direction and would allow us the peace of mind knowing we can stay and continue to fight together for full marriage equality,” Andersen said.
Under current immigration law, straight Americans can sponsor their spouses for residency in the United States through the green card application process if their spouses are foreign nationals. The same rights aren’t available to gay Americans because the Defense of Marriage Act prohibits federal recognition of same-sex unions, which are only legal in six states and D.C.
Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the United States or face deportation — which could mean separation from their partner — if these foreign nationals are discovered to be undocumented or upon expiration of their temporary visas. The new policy guidance offers an opportunity for the Obama administration to cancel the deportation of these foreign nationals, enabling them to remain in the country with their partners.
Lavi Soloway, founder of Stop the Deportations and an immigration lawyer who handles deportation cases for same-sex couples, said Napalitano’s guidance demonstrates the Obama administration is offering “a greater degree of sensitivity” to LGBT families.
“Those individuals who are facing deportation, but who are married to a gay or lesbian American citizen have a more receptive Department of Homeland Security to communicate their request for prosecutorial discretion than perhaps a few weeks ago,” Soloway said.
The change builds off an existing June 17 memo from the Department of Homeland Security enabling immigration officials to exercise discretion in deportation cases that aren’t deemed high priority. Soloway said the guidelines now are still the same as when this earlier memo was issued, but the administration has signaled “an aggressive interest in setting aside low priority cases, and that would include cases involving LGBT families.”
But Soloway noted that the Obama administration has offered no timeline for when officials will complete the removal of foreign nationals in same-sex marriage from the deportation pipeline, nor whether this change would mean an end to all DOMA-related deportations.
“We don’t know how long it will take for the government to work through its pipeline of cases, and so any bi-national couples who are at risk of being torn apart through deportation should be advocating for themselves and should be presenting the evidence and making the argument to deportation officers or prosecutors,” Soloway said.
Gillian Christensen, a spokesperson for the Department of Homeland Security, responded to the Blade’s request to comment on timing with the following statement.
“ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the United States,” Christensen said. “The agency exercises prosecutorial discretion, on a case by case basis, as necessary to focus resources on these priorities.”
One couple that had been in deportation proceedings has already found relief after Napolitano issued the new guidance. Alex Benshimol and Douglas Gentry, a married gay bi-national couple in California, learned on Saturday that ICE dropped proceedings against Benshimol, a Venezuelan native.
In a statement, Gentry said the decision by ICE to exercise prosecutorial discretion and take Benshimol out of the deportation pipeline, effectively taking him out of danger, is “extremely encouraging.”
“This should bring hope to so many couples in our situation,” Gentry said. “As happy as Alex is, he’s still uncertain. We will still have to fight for full equality because DOMA prevents me from petitioning for his green card. But the constant fear of exile or separation is over, and for that we’re very grateful.”
The case marks the second time this year that ICE has dropped deportation proceedings against a same-sex couple. In July, immigration officials discontinued proceedings against Henry Velandia, a gay Venezuelan national, who lives in New Jersey with his spouse, Josh Vandiver.
Another couple that could receive a call from ICE and obtain relief is Sujey and Violeta Pando. The Denver, Colo, couple, who have been together five years and married last year in Iowa, received media attention last week after an immigration judge decided to postpone deportation proceedings against Sujey, a Mexican national, until January.
Violeta told the Blade that a phone call from ICE informing the couple that Sujey would be taken out of the pipeline for deportation would make them “so happy there’d be no words to describe the feeling.”
“I think there’s a possibility because under Secretary Napolitano’s memo, it listed some categories, and Sujey fits all those categories,” Violeta said. “So, I don’t see why not, she has ties to the community, she’s married to me, she’s not a criminal.”
Growing up in Mexico, Sujey was ostracized by her family for being a tom-boy and says she was raped and beaten growing up. At the age of 16, she was brought into the United States. Her deportation troubles started in 2008, when she was arrested after a traffic violation and taken to jail. ICE was notified and deportation proceedings started against her.
The specter of deportation, Violeta said, still concerns the couple and they don’t know what action they’d take if a deportation was ordered against Sujey.
“We try not to look at that as an option,” Violeta said. “I don’t know what I would do. We don’t look at that as an option, we need to fight for this. It all goes back to DOMA. So, no, not an option.”
But the new guidance would only affect gay foreign nationals who are currently facing deportation proceedings. Gay foreign nationals in same-sex relationships who are seeking legal status and protections, but haven’t yet had deportation proceedings started against them, aren’t affected the Obama administration’s change.
One such bi-national same-sex couple is Bradford Wells, a U.S. citizen, and Anthony John Makk, an Australian national. The San Francisco couple were married in Massachusetts seven years ago and have lived together 19 years. Wells and Makk came into public view earlier this month after the San Francisco Chronicle profiled them and reported that U.S. Customs & Immigration Enforcement on July 26 denied Makk a marriage-based green card for residency on the basis of the Defense of Marriage Act.
Makk is the primary caregiver for Wells, who’s living with AIDS. Wells told the Blade he’d be faced with significant challenges in continuing to care for himself should the U.S. government order deportation of his spouse.
“If he was deported, I’d be here all alone, I wouldn’t have anyone to assist me,” Wells said. “I would find it impossible to take care of all the things I would need to take care of to manage my day-to-day life. I would not be able to do everything I have to do.”
Steve Ralls, a spokesperson for Immigration Equality, which is handing Wells and Makk’s case, said their story underscores the fact that same-sex immigrant families need earlier intervention and a more permanent solution to put them on equal legal footing with opposite-sex couples.
“While the administration’s decision to intervene and halt deportation proceedings is a welcome step in the right direction, our government should not be forcing couples to face a worst-case scenario in order to receive even minimal relief,” Ralls said.
To ensure greater protection, Ralls said the Obama administration should implement a policy of holding spousal applications for married bi-national same-sex couples until either the courts or Congress lift DOMA from the books.
“That allows more families to maintain legal status, and legal protections, which is a far better option than waiting until deportation orders are issued and families have been forced out of status,” Ralls said. “The administration has offered to loosen the noose in a last-minute reprieve for some families. Instead, they should be stepping up, and offering help, before families are faced with such dire circumstances.”
Immigration Equality on Wednesday appealed the denial of the marriage-based green card to U.S. Citizenship & Immigration Services. The appeal gives him no legal status while pending, but if granted, would then place him back in legal status. Ralls said an attempt to remove him while the appeal is pending would be unusual because a successful appeal would permit him to remain in the United States legally.
Even though the policy change wouldn’t directly impact the San Francisco couple, Wells said he thinks the more rigorous attention that bi-national same-sex couples would receive under the case-by-case examination of deportation proceedings makes him feel “there could be hope at the very end of the road.”
“There is a possibility that if we find ourselves at the very end of the road that he may get deferred action and they won’t actually put him on a plane and fly him back to Australia, but we’re not there yet and I’m trying to get some relief before we get there,” Wells said.
NOTE: This article has been updated.
Federal Government
Todd Blanche’s record on LGBTQ issues comes under scrutiny as he takes over DOJ
Blanche was confirmed by the Republican controlled Senate 50-49.
Todd Blanche, President Trump’s former personal lawyer, was sworn in as attorney general of the United States on Monday.
Blanche secured the position as the country’s 88th chief law enforcement officer on Sunday night after a contentious Senate confirmation process, ultimately ending with a 50-49 vote in his favor. All Democrats, as well as Republican Sens. Susan Collins and Lisa Murkowski, voted against him.
The confirmation hearing — and subsequent vote — brought questions surrounding Blanche’s credibility and integrity, as well as concerns about Trump’s ethical dilemmas surrounding cronyism, to the forefront.
The attorney general acts as the head of the Department of Justice, responsible for enforcing federal laws, representing the U.S. in court, and advising the president.
Blanche has a long history in Washington, beginning when he attended American University for his undergraduate education, like fellow former Trump attorney Michael Cohen. He began his legal career as an intern in the U.S. Attorney’s Office in Washington, which eventually became a full-time position.
That job eventually led him to work as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003.
Blanche left the public sector in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.
There, Blanche represented several figures associated with President Donald Trump, including former New York City Mayor Rudy Giuliani and Trump’s former campaign manager Paul Manafort.
In 2024, Blanche switched from Democrat to Republican and moved from New York City to Palm Beach, Fla., where he would be closer to Trump’s primary legal residence at Mar-a-Lago.
He then served as Trump’s personal defense attorney in the New York state case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to adult film star Stormy Daniels.
While serving as acting head of the Department of Justice before his official confirmation, Blanche played a central role in overseeing the department and was involved in leadership decisions tied to several controversial actions affecting LGBTQ people.
One of the first issues was transgender rights and gender-affirming care, particularly for minors — an issue the White House and Republican Party have made a key part of their broader cultural agenda and federal policy efforts.
In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population.”
The letter came before NYU Langone ended its gender-affirming care at the behest of the president, forcing the hospital system to stop prescribing puberty blockers and hormones to minors.
The hospital’s change in policy came after the Trump-Vance administration threatened to pull all federal funding if it continued providing the care.
Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”
“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he continued in the letter.
In addition to his anti-transgender positions, Blanche also echoed his predecessor, Pam Bondi, in taking a public stance on limiting LGBTQ-related protections at the federal level.
He aligned with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessons in schools and limited lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.
Blanche called it “another great decision that came down today,” arguing the ruling “restores parents’ rights to decide their child’s education.”
“It took the Supreme Court to set the record straight, and we thank them for that,” he said. “Now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”
In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse and rape under the Prison Rape Elimination Act.
The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.
Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”
Blanche also faced scrutiny over a slew of other issues surrounding his leadership during his tenure as acting AG.
The Justice Connection, a watchdog organization that works to protect current and former civil servants working in the U.S. Department of Justice, called his work so far “devastating.”
The organization said Blanche “harmed the department’s workforce, advanced the politicization of the department, undermined the rule of law, and threatened public safety.”
The group cited several issues, including what it described as Blanche minimizing the violent reality of the January 6 insurrection led by Trump supporters; investigating and attempting to prosecute President Trump’s perceived political enemies; the botched release of the Epstein Files to Congress and the public, including the release of victim and witness details and censorship surrounding the scope of Trump’s relationship with the convicted sex trafficker and pedophile; and the expansion of federal immigration enforcement in Minnesota which lead to the death of two U.S. citizens by federal officials.
Sharon McGowan, senior vice president of Policy & Litigation at the Human Rights Campaign, the largest LGBTQ advocacy group in the country, provided a statement to the Blade about Blanche’s confirmation calling it “chilling.”
“The last thing Todd Blanche deserves is a promotion,” McGowan said via email. “For months, Blanche has used his position as Acting Attorney General to advance President Trump’s personal and financial interests and to weaponize the Justice Department against the President’s enemies, whether they be transgender kids or civil rights organizations trying to help people vote. His notion of justice is warped and dangerous, and LGBTQ+ Americans deserve better.”
National
HRC condemns DoE removal of LGBTQ bullying data from federal survey
Organization cites rise in homophobic, transphobic policies, worse mental health outcomes
The Human Rights Campaign is slamming the White House — and the Department of Education — following their removal of some LGBTQ bullying data from federal data collection.
The Civil Rights Data Collection is a mandated survey of all public school districts that collects figures on a wide variety of statistics about students — including demographics that include race, ethnicity, sex, disability status, and English learner status; course-level enrollment data, such as how many students are enrolled in advanced placement or honors classes; and school climate information, such as rates of bullying, harassment, suspensions, and expulsions.
That data collection has been ongoing since 1968 — nearly six decades — but now has a major change in what questions are being asked, or not asked, that advocates are largely attributing to the Trump-Vance administration’s culture war fight on LGBTQ children in the country.
Changes to the 2025-2026 survey questions — approved by the Office of Budget and Management in July — eliminated a space for schools to report how many students identify as nonbinary, how often those students are victims of harassment and bullying, and whether school districts have policies prohibiting gender identity-based incidents.
K-12 Dive, a publication that focuses its reporting on news related to K-12 education, first published a list of these data collection changes from 2024-2025 to 2025-2026.
These questions, as well as others that included LGBTQ student topics on treatment in schools, were added to the CRDC under the Biden-Harris administration. By including these questions, policymakers hoped this would lead to increased investigations into discrimination complaints, initiate compliance reviews, and provide policy guidance to districts, according to Education Department documents.
The CRDC also eliminated the mention of “gender identity” from the definition of rape and sexual assault. The prior collection of data (before the Trump-Vance administration changed it) defined rape as something that could be done to “all students, regardless of sex, or sexual orientation, or gender identity.” Now, the new data collection questions say, “All students, regardless of sex, or sexual orientation can be victims of rape,” removing “gender identity” from the new definition.
By removing and changing definitions, this could have a real-world impact on some of the school’s most vulnerable students. According to CRDC data from 2021-2022, more than 1,800 school districts reported enrolling one or more nonbinary students.
Additional data also shows that the changes to data collection is harming public school students. U.S. Sen. Bernie Sanders (I-Vt.), the ranking member of the Senate Health, Education, Labor, and Pensions Committee released a report in April finding that the Trump-Vance administration’s efforts to all but close the Department of Education Office for Civil Rights has left students facing discrimination and harassment throughout the country without the federal recourse they are entitled to under federal law.
The Williams Institute, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, has data indicating the true number of nonbinary and transgender children is much higher — they estimate that for children ages 13 to 17, nearly 724,000 identify as nonbinary or trans.
This is in line with a slew of policies pushed by the Trump-Vance administration since their federal takeover. Within his first day in office, President Donald Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive attempts to make the federal definition of gender unchangeable, determined by sex assigned at birth alone.
Within his first month of his second term, Trump issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.
He also pushed multiple anti-trans executive orders, including Executive Order 14201, “Keeping Men Out of Women’s Sports,” and Executive Order 14183, “Prioritizing Military Excellence and Readiness,” targeting trans athletes and military members, respectively.
These policies have a real-world impact on trans people.
The Trevor Project, a nonprofit dedicated to crisis and suicide prevention for LGBTQ people under 25, reported that, for the seventh year in a row, LGBTQ youth are at higher risk for suicide as a result of mistreatment and stigmatization.
Trevor Project data showed that nearly 60 percent of LGBTQ young people ages 13-17 said they were bullied in the past year, and that 36 percent of LGBTQ youth seriously considered suicide in the last year. The data shows a bigger discrepancy for trans youth, with that number hovering around 40 percent considering suicide.
HRC President Kelley Robinson issued a statement following the approval of the new data collection questions that leaves LGBTQ students’ bullying statistics under — if not completely unreported.
“If there was even a shadow of a doubt, this latest move by the Trump administration makes it abundantly clear they do not care about the safety of LGBTQ+ students, and trans students in particular,” Robinson said. “These are adults who should be protecting our kids. And instead, they are making sure bullying and harassment are not tracked. If they are not tracked, bullying and harassment cannot be prevented or stopped — which is exactly what the Trump administration wants. Parents deserve to know their kids are safe at school, and every single young person deserves dignity and safety at school. Anything less is plain evil.”
HRC has a “Welcoming Schools” initiative that they say is the “most comprehensive” bias-based bullying prevention program in the nation. The program includes LGBTQ and gender-inclusive resources for schools, help navigating special education and disability resources for LGBTQ-identifying students, and other tools to help schools become more inclusive.
This program has been in effect for nearly two decades and, according to HRC, reaches nearly 750,000 students.
The Washington Blade reached out to both the Department of Education and Office of Management and Budget for comment but did not receive a response by publication time.
Michigan
Progressives score victory as El-Sayed wins Mich. Senate primary
Democratic newcomer will face Rogers in November
Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.
NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.
Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.
This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.
El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).
Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.
During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.
She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).
The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.
AIPAC devoted a massive amount of money to this race.
The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.
Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.
The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.
El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.


