National
Judge halts deportation proceedings for gay Venezuelan national
Court cites Holder’s order to vacate as reason to adjourn
A U.S. immigration judge on Friday halted deportation proceedings for a Venezuelan national facing expulsion from the country because of the Defense of Marriage Act in part because of a recently issued order from the Justice Department interceding in a related case.
Judge Alberto Riefkohl granted an adjournment until Dec. 16 in the case Henry Velandia, a salsa dancer who’s in a legal same-sex marriage and faces deportation to Venezuela. The judge, who heard the case in a Newark, N.J., court, could have ordered deportation on the date of the hearing and barred Velandia from returning to the United States for 10 years.
Josh Vandiver, Velandia’s spouse, had filed an I-130 marriage-based green card petition for Velandia, which was denied in January on the sole basis of DOMA. After President Obama announced in February that he would no longer defend DOMA in court because he determined the law was unconstitutional, Vandiver re-filed the petition, which remains pending with U.S. Citizenship & Immigration Services.
Lavi Soloway, an attorney with Masliah & Soloway PC in New York who’s handling Velandia’s case, said the judge made his decision on the basis that Vandiver’s marriage-based green card petition is still pending and because of a recent decision by U.S. Attorney General Eric Holder in a related immigration case.
On Thursday, Holder issued an order to vacate for another bi-national same-sex couple in New Jersey seeking recognition of their civil union for immigration purposes, halting the potential deportation and the separation of this couple.
“Today we have won an important victory by stopping the deportation of Henry Velandia,” Soloway said. “The Immigration Judge has demonstrated that it is appropriate to proceed with caution when a marriage-based green card petition is pending precisely because the law and policy impacting lesbian and gay bi-national couples is in a state of flux. The Immigration Judge has acted to protect Josh and Henry from being torn apart at a time when new developments suggest that potential solutions for bi-national same-sex couples may be on the horizon.”
According to Soloway. Immigration & Customs Enforcement Assistant Chief Counsel David Cheng, who’s prosecuting the case on behalf of the Department of Homeland Security, agreed to the adjournment.
“The attorney felt that it was appropriate to proceed with caution and give this process a chance to play out, and, if that’s the case, then they changed their position and they agree with the judge,” Soloway said. “So they were very cooperative.”
In a statement, Vandiver said the judge “made the right decision” by postponing these proceedings and stopping, at least temporarily, Velandia’s deportation.
“We are breathing a sigh of relief that we will be able to live in peace for a few more months, now that the immediate threat of deportation has been removed,” Vandiver said. “We treasure every day we have together. But couples like us are still being torn apart every day. Every day, spouses of gay and lesbian Americans are facing deportation and denied access to green cards only because of the Defense of Marriage Act.”
Robin McGehee, director of GetEQUAL, which rallied at the Newark court in support of Velandia along with other LGBT groups, said Velandia and Vandiver’s friends are “all certainly breathing a sigh of relief” in the wake of the decision and noted the couple has “a bit of time to re-group, re-connect, and re-strategize about how to move forward.”
“It’s unbelievable that couples like Henry and Josh are being forced to go through the emotional and financial stress of this process, while straight couples experience nothing of the sort — we’re committed to standing beside this couple, and the tens of thousands of other same-sex bi-national couples who are facing similar scenarios across the country,” McGehee said.
Soloway noted the judge’s action is only temporary reprieve for Velandia and called on the Obama administration to take action to prevent the deportations of foreign nationals in same-sex marriages until a final decision is made on the constitutionality of DOMA.
“The administration must act now to institute a moratorium on all deportations of spouses of gay and lesbian Americans to ensure that all same-sex bi-national couples are protected until the fate of DOMA is determined by Congress or the Supreme Court,” Soloway said.
Questions still remain about whether Velandia will be able to remain in the United States following the hearing in December. Soloway said the implications of the attorney general’s order and possible action from the Obama administration are still unclear.
“We simply don’t know what the scenario will be come December,” Soloway said. “We are hopeful that what we are seeing is evidence that the administration understands the crisis that bi-national couples are facing and that they’re looking for ways to develop remedies and implement them.”
National
Man charged in Mall of America shooting plot inspired by Pulse massacre: report
Suspect exchanged hundreds of messages, pledged loyalty to ISIS
The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community.
According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.
“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”
According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.
The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS.
According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”
“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”
This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.
California
Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’
Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot
Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and — fill out a ballot voting for Steve Hilton?
This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons.
Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community.
“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said.
The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”
Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies.
Conservatives have also criticized the ad.
Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors.
“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.”
The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court.
Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.
Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.
2026 Midterm Elections
Trump uses anti-trans slur against Democratic Senate candidate
President mocked Annie Andrews
President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.
In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.
Andrews is running against Graham for a Senate seat in the solidly Republican state.
Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.
Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”
“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”
Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.
“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.
Trump’s remarks have drawn criticism from leaders on both sides of the aisle.
Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”
“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.
Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”
“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.
South Carolina has not elected a Democratic senator in nearly three decades.
Andrews’s campaign website does not mention her positions on LGBTQ issues.
The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.
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