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EXCLUSIVE: Advocates allege gay ICE detainee not receiving PTSD treatment

Luís Armando Mendoza Sanchez of Perú remains detained in Louisiana

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Gay News, Washington Blade, Gay Peru, Immigration

Luís Armando Mendoza Sanchez has been in ICE custody since February. Clement Lee of Immigration Equality acknowledged that PTSD is not uncommon among LGBT immigrants. (Washington Blade file photo)

Advocates and family members of a gay undocumented Peruvian immigrant who remains in a Louisiana detention center maintain he has not received proper treatment for the post-traumatic stress disorder that stems from the anti-gay discrimination and violence they say he suffered in his homeland.

U.S. Border Control agents took Luís Armando Mendoza Sanchez into custody near Penitas, Texas, on Feb. 25 shortly after he entered the country. Vinnie Picard, spokesperson for U.S. Immigration and Customs Enforcement, told the Blade that Mendoza, 22, told arresting officers that he was from Perú and that he was not afraid to return to the South American country. He noted that Mendoza informed agents who detained him near Douglas, Ariz., on Jan. 22 that he was from Mexico.

Picard said that Mendoza told an ICE officer a few days after agents took him into custody in Texas that he actually was afraid to return to Perú because of his sexual orientation. He was transferred to the New Orleans Field Office while U.S. Citizenship and Immigration Services evaluated his asylum claim.

Mendoza’s aunt Maribel, who lives in D.C., reached out to transgender activist Ruby Corado in July after she saw her on a local Spanish language television station. She told her that Mendoza was afraid that his fellow inmates at the Oakdale Federal Detention Center in central Louisiana were going to rape him.

Maribel, who declined to give her last name, told the Blade that her nephew left the Peruvian capital, Lima, six months ago to escape what she described as anti-gay persecution and violence from local police, neighbors and others. Mendoza’s parents passed away from AIDS when he was a teenager, and Maribel said that he sought what she described as a better life in the United States.

Corado relayed Maribel’s concerns to ICE officials.

“I have some serious concerns on the severe mental health consequences that result from the long terms of incarceration that many LGBT people experience while in custody of ICE,” she wrote in a July 27 e-mail to Melissa Jaramillo of ICE Enforcement and Removal Operations that the Blade obtained. “Many of these detainees are people who have suffered severe trauma and incarceration in their home countries and have or are dealing with issues of sexual abuse and rape or the post-traumatic stresses after they were victims or a violent crime.”

Corado sent a second e-mail to Jaramillo on Aug. 8.

“Talking to Luís [Mendoza] tonight, it seems to me that my plea for help for LGBT victims like Luís is not going anywhere, no mental health or therapy is being offered to him,” she wrote. “Nobody has even attempted to reach out to him to help him address his mental anguish.”

Picard confirmed to the Blade that Corado had contacted ICE and the U.S. Department of Homeland Security that oversees the agency about concerns she and Maribel had over his safety.

“ICE Enforcement and Removal Operations (ERO) officers immediately interviewed Mr. Mendoza about his perceived safety concerns,” he said. “Mister Mendoza’s only stated concern to ERO officers was how his claim of persecution based on his sexual orientation relates to his asylum case. Mister Mendoza did not affirmatively advise ERO or detention center staff of any safety concerns.”

Clement Lee of Immigration Equality acknowledged to the Blade that PTSD is not uncommon among LGBT immigrants. He further noted that a detainee’s access to medical care depends upon the type of facility in which they are held — some are run directly by ICE, while others are contract facilities and even local jails.

“Some of them get better care, some don’t,” said Lee. “I’ve had clients that have been able to get prescription medications to treat depression, to treat hallucinations. I’ve had other people who have sort of just languish and meet with a psychologist just one and say that’s too much — you’ve been raped 17 times, this is more than I can handle. The stress of being in detention sort of adds to that PTSD.”

Picard said Mendoza received a mental health screening from ICE Health Services Corps after he was transferred to the LaSalle Detention Center in Jena, La., late last month. Agency protocol indicates that each detainee who enters an ICE detention facility undergoes a screening that includes a medical, dental and mental health evaluation within 12 hours of their arrival.

“The initial report from IHSC is that Mr. Mendoza had a standard medical and mental wellness check,” said Picard. “Mr. Mendoza reported that, in general, he is fine.”

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.

Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.

“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”

Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.

The rest of this article can be read on the Baltimore Banner’s website.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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