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Immigration bill includes pro-gay language

LGBT immigration group seeks expansion of prosecutorial authority outlined in memo

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New efforts emerged this week to address the inequity in U.S. immigration law preventing bi-national same-sex couples from staying together in the United States, although hurdles remain for each of the initiatives.

An LGBT immigration group called on the Obama administration to broaden a recent memo indicating when immigration officials can exercise discretion in deportation cases to include protections for gay bi-national couples. Meanwhile, comprehensive immigration reform legislation has been introduced in the Senate that includes a provision enabling gay Americans to sponsor their foreign same-sex partners for residency in the United States.

Under current immigration code, 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 arenā€™t available to gay Americans. Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the country upon expiration of their temporary visas or face deportation.

On Monday, Immigration Equality called on U.S. Immigration & Customs Enforcement to clarify that the definition of ā€˜familyā€™ and ā€˜spouseā€™ used in a June 17 memo to immigration officials include specifically bi-national same-sex couples.

The memo outlines cases in which immigration officials can exercise prosecutorial authority to include considerations such as an agency’s civil immigration enforcement priorities and whether a potential deportee is pursuing higher education or has served in the U.S. military.

However, the guidance makes no explicit mention of gay couples. It states that those with ā€œfamily relationshipsā€ in the United States, or individuals with a ā€œU.S. citizen or permanent resident spouseā€ may be considered for discretion, but doesn’t spell out whether those terms are inclusive of same-sex couples.

Rachel Tiven, Immigration Equality’s executive director, said an explicit mention of same-sex bi-national couples is necessary to ensure they can receive protections under the prosecutorial authority available to immigration officials.

ā€œGiven the absence of any LGBT family recognition at the federal level, the decision not to explicitly include our spouses and partners in the ICE memo is striking,ā€ Tiven said. ā€œIf the administration does support efforts to keep LGBT families together, it should tell its field offices as much. If it does not, it must explain why. In the interim, families are being torn apart and American citizens are being separated from their spouses. There is simply no government interest served in such draconian enforcement of our immigration laws.ā€

The request to expand the memo comes on the heels of letters that U.S. senators and members of Congress sent to the Obama administration asking for a moratorium on the deportations of foreign nationals who are legally recognized same-sex marriage with U.S. citizens and would be eligible for marriage-based green cards if not for the Defense of Marriage Act.

Even though President Obama announced in February that DOMA is unconstitutional, the administration has said in the response to these requests it would continue to enforce DOMA.

Gillian Christensen, an Immigration & Customs Enforcement spokesperson, similarly said her agency would continue to enforce DOMA in response to the most recent request from Immigration Equality.

“Pursuant to the attorney generalā€™s guidance, the Defense of Marriage Act remains in effect and the executive branch, including [the Department of Homeland & Security], will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional,” Christensen said.

Christopher Nugent, whoā€™s gay and co-chair of the American Bar Associationā€™s rights of immigrants committee, was skeptical that Immigration & Customs Enforcement would make the change in accordance with Immigration Equality’s request.

“I am optimistic by nature but doubtful of such change with … with all the political battles going on here and with the economic woes,” Nugent said.

A new path has also been opened to address the hardships faced by bi-national same-sex couples through legislative means. On Wednesday, Sen. Bob Menendez (D-N.J.) introduced comprehensive immigration reform legislation that includes a family reunification provision for gay couples.

Menendez’ legislation, which seeks to enhance border security and offers a path to citizenship for the estimated 11 million undocumented immigrants in the United States, contains language similar to standalone legislation known as the Uniting American Families Act, which would enable gay Americans to sponsor their same-sex partners for residency in the United States.

Late last year, Menendez introduced similar comprehensive legislation that also included a UAFA-like provision. The legislation also contains language similar to the DREAM Act, which would offer young, undocumented immigrants a path to citizenship if they obtain a college education or enlist in the U.S. military.

In a statement, Menendez said the legislation is a signal that lawmakers are “serious about fixing our broken immigration system.”

ā€œWe stand for a complete solution ā€” a real solution ā€” to end undocumented immigration and restore the rule of law,” Menendez said. “This is common-sense legislation that addresses the realities of the situation, stops the flow across our borders, and contributes to our economic recovery.”

Tiven said Immigration Equality stands behind Menendez and is “ready, willing and able to rally the LGBT community, and our families and allies” in the effort to pass his comprehensive immigration reform legislation this year.

ā€œTodayā€™s bill is supported by the top Democratic lawmakers in the Senate, including the chairmen of the Senate Judiciary Committee and the Immigration, Refugees and Border Security Subcommittee,” Tiven said. “We stand with them, and our allies in the LGBT and immigrant communities, in supporting reform that honors all families and offers an inclusive vision of America.ā€

Original co-sponsors for the legislation include Senate Majority Leader Harry Reid (D-Nev), Assistant Majority Leader Richard Durbin (D-Ill.), Sen. John Kerry (D-Mass.), Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) and Sen. Chuck Schumer (D-N.Y.). The legislation has no Republican co-sponsors.

The chances of passing comprehensive immigration reform legislation would be challenging with Republicans in control of the House in the 112th Congress. However, the legislation may see movement ā€” or at least a committee hearing ā€” in the Democratic Senate.

During a news conference on Wednesday, Leahy, whose committee has jurisdiction over the bill, pledged to hold hearings on the legislation, but said the focus now is to introduce legislation to encourage discussion among other senators.

“We’ll see it when we get up enough support, it looks like the best time, we’ll start having these hearings and we will report,” Leahy said.

The White House expressed support for comprehensive immigration reform, but hasn’t articulated support for a UAFA-like provision as a component of the bill.

Shin Inouye, a White House spokesperson, said via e-mail President Obama backs the passage of comprehensive immigration reform in response to an inquiry on the bill, but made no mention of the provision for same-sex couples in his statement.

ā€œThe president has spoken clearly about the need to fix the broken immigration system so that it meets Americaā€™s economic and security needs for the 21st century,” Inouye said. “We welcome Sen. Menendezā€™s leadership on this economic imperative, as well as any constructive effort to reach the bipartisan consensus necessary to pass a legislative solution in Congress at the earliest possible opportunity.ā€

Inouye didn’t respond to a subsequent request to comment on whether the president supports the UAFA-like provision in the legislation. The White House has spoken out against the separation of bi-national same-sex couples, but hasn’t explicitly endorsed any legislation to achieve that end.

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Federal judge blocks Trump’s order restricting gender-affirming care for youth

Seven families with transgender, nonbinary children challenged directive

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President Donald Trump (Washington Blade photo by Michael Key)

A federal judge on Thursday issued a temporary restraining order that blocks President Donald Trump’s Jan. 29 executive order restricting access to gender-affirming health care for transgender people under age 19.

The order by Judge Brendan Hurson of the U.S. District Court for the District of Maryland, who was appointed by former President Joe Biden, came in response to a request from the plaintiffs in a lawsuit, filed on Feb. 4, against Trump’s directive.

The plaintiffs are seven families with trans or nonbinary children. They are represented by PFLAG National, GMLA, Lambda Legal, the American Civil Liberties Union, the ACLU of Maryland, and the law firms Hogan Lovells and Jenner & Block.

Hurson’s temporary restraining order will halt enforcement of Trump’s order for 14 days, but it can be extended. This means health care providers and medical institutions can provide gender-affirming care to minor patients without the risk of losing federal funding.

Families in the lawsuit say their appointments were cancelled shortly after the executive order was issued. Hospitals in Colorado, Virginia, and D.C. stopped providing prescriptions for puberty blockers, hormone therapy, and other interventions for trans patients as they evaluated Trump’s directive.

The harms associated with suddenly withholding access to medical care for these patients were a major focus of Thursday’s hearing on the plaintiffs’ request for the temporary restraining order.

The president’s ā€œorder seems to deny that this population even exists, or deserves to exist,ā€ Hurson said, noting the elevated risk of suicide, poverty, addiction, and other hardships among trans people.

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Trumpā€™s trans erasure arrives at National Park Service

Fate of major 2016 LGBTQ Theme Study unclear

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NYC Pride participants in front of the Stonewall Inn in 2019. (File photo by Andrew Nasonov)

President Trumpā€™s efforts at erasing trans identity intensified this week as employees at the National Park Service were instructed to remove the ā€œTā€ and ā€œQā€ from ā€œLGBTQā€ from all internal and external communications.

The change was first noticed on the website of the Stonewall National Monument; trans people of color were integral to the events at Stonewall, which is widely viewed as the kickoff of the modern LGBTQ rights movement. The Stonewall National Monument is the first U.S. national monument dedicated to LGBTQ rights and history.

Reaction to that move was swift. New York City Council member Erik Bottcher wrote, ā€œThe Trump administration has erased transgender people from the Stonewall National Monument website. We will not allow them to erase the very existence of our siblings. We are one community!!ā€

But what most didnā€™t realize is that the removal of the ā€œTā€ and ā€œQā€ (for transgender and queer) extends to all National Park Service and Interior Department communications, raising concerns that the move could jeopardize future LGBTQ monuments and project work.

The Blade reached out to the National Park Service for comment on the trans erasure and received a curt response that the agency is implementing Trumpā€™s executive order ā€œDefending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Governmentā€ as well as agency directives to end all DEI initiatives.

The question being debated internally now, according to a knowledgable source, is what to do with a massive LGBTQ Theme Study, which as of Feb. 14 was still available on the NPS website. In 2014, the Gill Foundation recognized an omission of historic LGBTQ sites in the nationā€™s records, and the organization made a grant to the National Park Service to commission a first-of-its-kind LGBTQ Theme Study, which was published in 2016. It was a landmark project that represented major progress for the LGBTQ community in having our contributions included in the broader American story, something that is becoming increasingly difficult given efforts like ā€œDonā€™t Say Gayā€ laws that ban the teaching of LGBTQ topics in schools.

A source told the Blade that National Park Service communications staff suggested that removing chapters of the 2016 Theme Study that pertain to transgender people might placate anti-trans political appointees. But one employee pushed back on that, suggesting instead that the entire Theme Study be removed. Editing the document to remove one communityā€™s contributions and perspective violates the academic intent of the project, according to the source. A final decision on how to proceed is expected soon. 

Meanwhile, a protest is planned for Friday, Feb. 14 at noon at Christopher Park in New York City (7th Ave. S. and Christopher Street). The protest is being planned by staff at the Stonewall Inn. 

ā€œThe Stonewall Inn and The Stonewall Inn Gives Back Initiative are outraged and appalled by the recent removal of the word ā€˜transgenderā€™ from the Stonewall National Monument page on the National Park Service website,ā€ the groups said in a statement. ā€œLet us be clear: Stonewall is transgender history. Marsha P. Johnson, Sylvia Rivera, and countless other trans and gender-nonconforming individuals fought bravely, and often at great personal risk, to push back against oppressive systems. Their courage, sacrifice, and leadership were central to the resistance we now celebrate as the foundation of the modern LGBTQ+ rights movement.ā€

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Victory Institute executive director speaks about movement response to Trump 2.0

Advocacy groups will lead efforts to push back against anti-LGBTQ administration

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LGBTQ Victory Institute Executive Director Elliot Imse speaks at the International LGBTQ Leaders Conference on Dec. 1, 2022. (Washington Blade photo by Michael Key)

President Donald Trumpā€™s issuance of a series of executive orders targeting transgender rights and LGBTQ-inclusive diversity programs on the first day of his second term was a clear signal of the new administrationā€™s appetite for going after queer and gender diverse people.Ā 

The Jan. 20 directives also brought into focus the extent to which organizations in the LGBTQ movement, particularly those whose work includes impact litigation, will be responsible for protecting the communities they serve from harmful and discriminatory laws and policies over the next four years.

At a critical time that is likely to test the limits of their capacity, these groups are facing challenges that could restrict their access to critical resources thanks in part to the conservative movementā€™s opposition to diversity, equity, and inclusion in both government and the private sector. 

LGBTQ organizations expected federal funding for their work would dry up when the incoming administration took over, given that Trump and his allies made no secret of their plans to aggressively reshape the government including by ridding U.S. agencies of all DEI-related programs, policies, and activities.Ā 

Trump went even further, however, issuing orders to categorically freeze the disbursement of government funds tied to preexisting grants and contracts, while threatening investigations of private companies for ā€œillegalā€ policies and practices related to DEI.

Partly in response to pressure from conservative leaders and activists, over the past couple of years companies have increasingly backed away from DEI efforts including, especially, support for LGBTQ communities and causes. 

Coupled with the loss of federal funding, a decline in corporate giving to LGBTQ organizations could have devastating impacts on the communities they serve, potentially leading to cutbacks in programs and services core to their missions or imperiling their efforts to push back against a hostile regime. 

ā€œContinuing to fund our work is obviously top of mind for everyone right now,ā€ Elliot Imse, executive director of the LGBTQ+ Victory Institute, told the Washington Blade during an interview last week.Ā Ā 

The move by many private companies away from supporting LGBTQ equality has been surprising, Imse said, but ā€œwhat we know is itā€™s a very uncertain environment for corporations right now, and they are feeling out these new realities.ā€ 

On the other hand, the moment also presents an opportunity to remind businesses that commitments to DEI are good for their bottom line while rewarding companies that resist pressure to abandon their LGBTQ customers, employees, and communities, Imse said. 

ā€œThere’s a lot of courageous corporations out there, too, right now, a lot that are continuing to step up. And we need to be grateful; we need to be making purchasing decisions as a community with those corporations in mind. Every corporation that has reaffirmed its commitment to us, we need to go out and support them.ā€ 

ā€œWhile Victory Institute ā€” like all LGBTQ+ organizations ā€” is concerned about the current fundraising environment, we have a programmatic plan in place that directly addresses the realities of what is happening across the country right now,ā€ he said, with programs to support LGBTQ elected officials serving everywhere from small municipal offices to the most powerful positions in government.Ā 

A diverse pipeline of out leaders from diverse backgrounds is the best bulwark ā€œagainst attacks on our equality and democratic backsliding,ā€ Imse said. ā€œWe have a very robust programmatic plan for 2025 ā€” and we need to execute on it at this critical moment.ā€

While the Victory Institute is currently looking for funding to support the organizationā€™s international work to compensate for the loss of federal grants, Imse said the group plans to expand U.S.-based programs, maximizing their reach at a time when this work is especially critical.Ā Ā 

ā€œWeā€™re going to be in more cities than ever before. Weā€™re going to have a larger training presence than ever before, including our LGBTQ+ Public Leadership Summits, which are specifically designed to inspire and recruit LGBTQ+ people to run for office. It is essential folks reject the demoralization of the current moment and that we have more boots on the ground to support those willing to step up and run.ā€ 

He added, ā€œwe are hopeful that we will be able to raise the money we need to carry these programs out, and we believe we can make the case to donors that these programs are an essential path forward.ā€ 

At the same time, Imse acknowledged that LGBTQ groups, including the Victory Institute, are in a difficult position at the moment and ā€œweā€™ll absolutely have to adjust if we see a downturn in fundraising throughout the year.ā€

ā€œit’s going to be an uphill battle, there’s no doubt about that. Like all other organizations, we’re going to watch the numbers and adjust as necessary,ā€ he said, adding, ā€œthe people we have at our organization are what makes our organization strong ā€” their expertise, their relationships, the networks that they’ve built.ā€ 

And while he said ā€œmaking sure that we meet the moment is something that keeps me up at night,ā€ Imse stressed that “figuring out how to balance the reality we are in versus optimism is something that is on everyone’s mind as you talk to LGBTQ+ community members, your staff, your fundersā€ who recognize that ā€œyou must have hope, because if people back away from our equality at this moment, it’ll be much worse than even the situation weā€™re in right now.ā€

There is no shortage of good reasons to hold onto hope, Imse said. ā€œOur movement has always thrived in moments of crisis. While weā€™d prefer no crisis, it refocuses us. It motivates us. And oftentimes leads to breakthroughs that we may not have had otherwise. It destroys complacency. It instills urgency.ā€

After Trump took office and the new Congress was sated with GOP majorities in both chambers, LGBTQ groups whose work includes lobbying or government relations understood their ability to influence policy at the federal level would be limited, at least until Democratic allies have the opportunity to retake control of the House in 2026.Ā 

The Victory Institute was especially well positioned to shift away from Washington, Imse said, because state legislatures, city councils, and school boards have always been the organizationā€™s ā€œbread and butterā€ and the elections for these positions ā€œtruly matterā€ even if they are less ā€œhigh profileā€ than U.S. congressional races.Ā 

ā€œWhen we’re talking about opportunities to make progress in the near future, opportunities to launch a successful offense and defense, it is in these legislative bodies,ā€ he said. ā€œAnd they arguably make more impact on individualsā€™ lives than the federal government does.ā€

Imse added this is especially true with regard to opportunities for legislative action to support LGBTQ Americans and defend their rights, which is unlikely to happen on Capitol Hill for a ā€œlong time.ā€ 

It is especially important now that LGBTQ communities and organizations support each other, he said. 

LGBTQ movement groups, particularly those with international focus, ā€œhave been phenomenal in bringing us together and trying to find out whatā€™s been done, keeping us up to date on potential litigation opportunities, as well as looking for funders that are willing to step up at this absolutely critical moment in our movementā€™s history,ā€ Imse said. 

ā€œWe also need our community to step up in terms of supporting these organizations,ā€ he said, ā€œfinancially through resources and capacity and giving their time, because that’s the only way we’re going to be able to move forward effectively.ā€

It is ā€œimportant that our community members remain active, engaged, and involved, and that our LGBTQ+ media continues to ensure our stories are being told,ā€ Imse said, adding, ā€œEspecially right now, this is an entire movement ecosystem that is working to make sure whatever backsliding is about to occur is not permanent.ā€

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