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Holder halts deportation for foreign national in civil union

Order could have implications for bi-national same-sex couples

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U.S. Attorney General Eric Holder (Blade photo by Michael Key)

An order to vacate from U.S. Attorney General Eric Holder halting the deportation of a foreign national in a civil union may be sign of hope for bi-national same-sex couples in the United States who are facing separation.

In the decision, dated April 26, Holder remands back to the Board of Immigration Appeals the case of Paul Wilson Dorman — a New Jersey man who’s apparently seeking residency in the United States through his partner — to reassess a previous petition that was denied based on the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. The order was made public Thursday.

“In the exercise of my review authority under that regulation, and upon consideration of the record in this case, I direct that the order of the Board be vacated and that this matter be remanded to the Board to make such findings as may be necessary to determine whether and how the constitutionality of DOMA is presented in this case,” Holder writes.

Holder asks the Board of Immigration Appeals to clarify questions not addressed in the initial proceeding, such whether the petitioner’s civil union with his partner makes him eligible as a “spouse” under New Jersey law and the Immigration and Nationality Act as well as whether Dorman can establish exceptional and unusual hardship to qualify for relief.

The details of the Dorman case weren’t immediately known, such when his partner filed the petition, when the Board of Immigration appeals initially rejected the application or when any deportation as a result of the case is expected to proceed. Nor was it clear why Holder decided to intervene in this case when other foreign nationals in same-sex relationships are faced with potential deportation.

Tracy Schmaler, a Justice Department spokesperson, said the action isn’t the first time in history that an attorney general has remanded a case back to Board of Immigration Appeals for reconsideration.

“By way of history, over the years, attorneys general in several administrations have exercised their review authority in immigration cases,” Schmaler said. “Since 1996, attorneys general have reviewed 30 cases involving a variety of immigration law issues.”

Lavi Soloway, an attorney with Masliah & Soloway PC in New York who handles immigration cases, said the order from Holder could be a sign that the Obama administration is looking for a way to help same-sex bi-national couples who are barred from the marriage-based immigration process because of DOMA.

“There isn’t yet a final decision that could be applicable, but on the other hand, the action by the attorney general to vacate the decision would now suggest that it would be appropriate to adjourn any deportation proceedings where there are similar issues at stake,” Soloway said.

Steve Ralls, spokesperson for Immigration Equality, said the implications of the order to vacate remains unclear, but could indicate that the Obama administration to moving to intercede on their behalf.

“It appears to be a positive first step that, I think, is based at least in part on the congressional pressure that has been placed on DOJ around DOMA and the issue of bi-national couples,” Ralls said.

Ralls was referring to letters that member of Congress sent to the Justice Department and the Department of Homeland Security urging officials to stop the deportations of foreign nationals in legally recognized same-sex marriages. Last month, Sen. John Kerry (D-Mass.) and 11 other senators in one letter, and Rep. Zoe Lofgren (D-Calif.) and 47 other House members in another letter, asked the Obama administration to make the change.

“I think it’s a positive sign that the attorney general himself decided to intervene to take this step,” Ralls continued. “We’re hopeful that it will then be replicated in other cases for couples who are facing separation, but I think it’s a little too early to know for sure that’s going to be the case.”

Soloway, who’s representing another bi-national same-sex couple who are legally married and also living in New Jersey, said he plans to use the order to help defend his clients who face possible separation because of DOMA.

Josh Vandiver, a U.S. citizen, and Henry Velandia, a professional dancer from Venezuela, were legally married in Connecticut last year. Velandia was placed into removal proceedings in 2009 when his employment-based immigration case was denied. Last summer, Vandiver filed an I-130 marriage-based green card petition for Velandia, but it was denied in January on the sole basis of DOMA.

On Friday, Velandia is set to appear in court for a final hearing before an immigration judge who will decide whether to deport him. If deportation is ordered, Velandia will be barred from returning to the United States for the next 10 years.

On the day of the court proceedings, various grassroots-based LGBT advocacy groups — including Courage Campaign, GetEQUAL, Garden State Equality, and the Immigration Equality Action Fund — plan to rally at the Newark Immigration Court to call on Secretary of Homeland Security Janet Napolitano to halt deportations of foreign nationals in legal same-same-sex marriages, such as the separation Vandiver and Velandia may be facing.

Soloway said he intends to bring the Holder order to the attention of the judge in an attempt to adjourn proceedings on any decision to deport Velandia.

“The implication could be that we stop, or at least slow down, deportation proceedings in many, if not most, of the lesbian and gay couples, like Josh and Henry — and that’s why tomorrow we’re going to go into court and ask the judge to do just that on the basis of the attorney general’s action here today,” Soloway said.

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The White House

Kennedy Center leadership changes as Trump ally Grenell departs

Numerous productions cancelled shows during gay Trump loyalist’s tenure

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Former Kennedy Center Executive Director Richard Grenell at a Senate Judiciary Committee hearing in January 2025. (Washington Blade photo by Michael Key)

Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.

The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.

In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.

Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.

Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.

The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.

“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”

“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”

Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.

Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.

Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.

“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”

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Federal Government

Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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The White House

Trump proclamation targets trans rights as State Dept. shifts visa policy

Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.

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President Donald Trump stands in the Roosevelt Room in December 2025. (Washington Blade Photo by Joe Reberkenny)

In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.

“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.

One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.

The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.

However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.

The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”

Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.

According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.

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