National
Deportations on hold for foreigners in same-sex marriages
News follows Obama’s determination that DOMA is unconstitutional
An agency within the Department of Homeland Security has put on hold deportation cases for foreign nationals who are in same-sex marriages with American citizens and seeking green cards for U.S. citizenship.
In a statement, Chris Bentley, a spokesperson for U.S. Citizenship and Immigration Services, confirmed on Monday that such cases have put on abeyance until the Department of Homeland Security receives further legal guidance on handling them.
“USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct issues,” Bentley said.
Last week, Newsweek reported that the heads of two USCIS districts in D.C. and Baltimore had informed lawyers for the American Immigration Lawyers Association that cases in their districts involving married gay and lesbian couples would be put on hold.
A DHS official, who spoke on condition of anonymity, said the abeyance follows President Obama’s determination in February that the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, is unconstitutional and the U.S. Justice Department announcement that it would no longer defense the anti-gay statute against litigation in court.
Because of DOMA, American citizens who are married to foreign spouses of the same gender cannot sponsor their spouses for U.S. citizenship — even if the couple lives in a state or jurisdiction that recognizes same-sex marriage.
Despite the new guidance, Bentley maintained USCIS hasn’t issued any change in policy and intends to continue enforcement of DOMA.
“USCIS has not implemented any change in policy and intends to follow the President’s directive to continue enforcing the law,” Bentley said.
Asked what the possible outcomes could be for the upcoming legal guidance, the DHS official replied, “All I can say is that the department’s policy direction is set by the president, but as a matter of policy we don’t comment on legal guidance until it’s final.”
The final legal guidance on the issue is expected to come down from the Department of Homeland Security’s general counsel. The DHS official said he’s hoping the guidance will be issued “imminently,” but doesn’t have a more specific time.
Steve Ralls, spokesperson for Immigration Equality, said the abeyance means that green cards applications that American citizens make for foreign same-sex spouses will be in “pending status” until the courts make a final determination on DOMA’s constitutionality.
Steve Ralls of Immigration Equality (Blade photo by Michael Key)
“So they will not be denied, and while they are pending, the spouses of those that have applied for sponsorship will be able to remain in the thread, so it essentially stops the removal of anyone who has a pending application until the courts have settled the issue of DOMA’s constitutionality,” Ralls said. “It’s a temporary fix, but it’s a temporary fix that will remain in place until DOMA has made its way through the court system.”
In a statement, Rachel Tiven, executive director for Immigration Equality, called the new guidance “terrific news and a significant step forward for the families we work with.”
Earlier this month, Immigration Equality sent letters to the Justice Department and the Department of Homeland Security asking that the Obama administration put on hold the appeals of immigrant visa petitions filed by American citizens on behalf of their same-sex spouses.
“At last, after nearly two decades of work and 10,000 — and counting — couples reaching out to our legal team for help, we hope today’s news is a sign that relief is, indeed, on the way,” Tiven said.
Tiven advised couples who think they may be impacted by the announcement to contact Immigration Equality for free legal counsel on what steps would be appropriate for them.
Ralls added the number of couples who will benefit from the abeyance will in the end depend on the breadth of the ruling from the courts on DOMA.
“So it depends on whether the courts decide that both federal and state DOMAs are unconstitutional or whether just the federal DOMA is unconstitutional, so there are sort of a wide variety of possibilities in terms of who the final resolution will benefit,” Ralls said.
If the federal DOMA is struck down, Ralls noted that married bi-national same-sex couples would have the option of moving to jurisdictions that recognize marriage equality to remain together in the United States.
Christopher Nugent, who’s gay and co-chair of the American Bar Association’s rights of immigrants committee, called the news a “positive development to protect couples from unduly separated through deportation,” but said questions linger on how the immigration courts will handle the news guidance.
“For example, if somebody has already been ordered removed and then marries a U.S. citizen, is the immigration court going to grant a motion to reopen?” Nugent said.
One couple that the USCIS move could benefit is Edwin Blesch, an American citizen, and Tim Smulian, his South African spouse. The couple resides in New York state, where their marriage from South Africa is recognized by the state government. Last week, Immigration Equality filed a green card application on behalf the couple.
“Every day, we live with the very real possibility that, despite following every law and every policy of the United States, Tim will be forced to leave the country, and I will be left without my caretaker and the love of my life,” Blesch said in a statement. “Today’s news gives us great relief, and great hope that we may soon be able to put that worry behind us. For the first time, we can begin to plan the rest of our lives together without fear that we will be torn apart.”
Florida
Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term
State’s 20th Congressional District’s includes Broward, Palm Beach Counties
Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.
Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.
Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.
For Manley, those experiences are precisely what he believes Congress is missing.
“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”
Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.
“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”
He argues that lived experience offers a perspective often missing on Capitol Hill.
“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”
According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.
“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.
As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.
“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”
His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.
Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.
“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”
His personal experiences also inform his healthcare agenda.
“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”
California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.
Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.
Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.
“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.”
Florida
Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges
Democrat narrowly lost to DeSantis in 2018, later came out as bisexual
Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.
Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.
Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.
Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.
The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.
During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.
The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.
In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.
Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.
In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.
This is not the first time Gillum has faced legal scrutiny.
During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.
Pennsylvania
Philadelphia murder suspect remains at large
Two killed, one injured in attacks motivated by victims’ sexual orientation
Police seek the public’s support in finding a suspect wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. All three shootings took place near Hunting Park Recreation Center between May 29 and June 26.
The suspect is 21-year-old Jahylin Melchur, who has not been located by police and is not in police custody as of July 7. Police seek the public’s support in tracking down the suspect, whose image was captured on surveillance cameras. Previous reporting underlined that Melchur should be considered armed and dangerous.
Each of the victims was found partially clothed between 10 and 11 p.m.
On May 29, a 55-year-old in Juniata Park was found two miles from the rec center. The victim, who survived the encounter with critical injuries, said a man approached him and announced his intention to rob him, before shooting him in the elbow and torso.
Martin Higgins, 45, was pronounced dead on the bleachers of the rec center’s baseball field on June 20, suffering from a gunshot wound to the abdomen. Sharef Holman, 29, was found near the basketball courts on June 26, suffering from multiple gunshot wounds. He was transported to Temple University Hospital but died shortly thereafter.
Deputy Police Commissioner Frank Vanore declined to answer the Philadelphia Inquirer’s question regarding whether the victims may have met Melchur on a dating app, citing the ongoing investigation. Sources told the Philadelphia Inquirer that investigators are exploring this possibility
Although robbery may be at least part of the motive in the first shooting, other movies are unclear.
NBC10 reported that law enforcement sources told the station all three victims were targeted because they were gay, but the Philadelphia Police Department did not confirm this.
The Philadelphia Police Department replied to PGN’s questions with an email stating, “This remains a very active investigation, and investigators are looking at all aspects of the case, including underlying motivations for committing these crimes.
“At this point, we can confirm that Melchur is wanted for two homicides by shooting and one non-fatal shooting, all of which occurred in the Hunting Park area.
“The investigation has not established that the victims were specifically targeted because of their sexual orientation.”
The Philadelphia Police Department is urging anyone with information to contact the Homicide Unit at 215-686-3334 or submit an anonymous tip by calling the PPD Tip Line at 215-686-TIPS (8477).
(This story is republished with permission of the Philadelphia Gay News.)
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