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U.S. balks at asylum for gay Saudi diplomat

Attorney says client faces ‘certain’ execution

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The US Department of Homeland Security issued a preliminary ruling last week withholding political asylum for a gay Saudi diplomat

The U.S. Department of Homeland Security issued a preliminary ruling last week withholding political asylum for a Saudi diplomat whose colleagues discovered he’s gay last year while he was assigned to Saudi Arabia’s consular office in Los Angeles.

The diplomat, Ali Ahmad Asseri, who served as first secretary to the consular office, applied for U.S. asylum in 2010 under a U.S. policy that offers asylum to foreign nationals belonging to a “particular social group,” including gays, who face persecution in their home country.

“It’s not a matter to be taken lightly and I’m sure the U.S. government is not taking it lightly,” said Ally Bolour, an American attorney representing Asseri. “It’s certain death,” he said, if his client is forced to return to Saudi Arabia.

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Bolour noted that gay sex is considered a crime punishable by execution under Saudi Arabia’s fundamentalist Islamic law. He said the country’s prosecutors routinely trump up sex-related charges against Saudi gays, effectively making homosexuality itself grounds for execution.

A recent U.S. State Department human rights report on Saudi Arabia says that under the country’s Islamic or Sharia law, consenting sexual relations between people of the same sex is “punishable by death or flogging.”

The DHS didn’t immediately respond to a request for comment on Asseri’s asylum case. DHS has said in the past that it never comments on pending cases. An official at the State Department, which has listed Saudi Arabia among countries that persecute gays, also declined to comment, saying it doesn’t discuss pending cases.

Bolour said that as part of its routine procedure for asylum cases, the DHS referred Asseri’s case to an immigration judge for an automatic appeal. He said he’s hopeful that the judge, on behalf of a special U.S. immigration court, will approve the asylum application. Should the judge deny the application, Asseri will appeal the case to the U.S. Court of Appeals, Bolour said.

“There’s a process that these things go through,” he said. “It was not approved in the first instance when we applied. Obviously, I think it should have been approved. But it hasn’t been denied and so we’re still on course.”

Bolour declined to provide details on how the Saudi consular office in Los Angeles discovered that Asseri is gay.

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However, he told the Blade that an MSNBC News report in September 2010 that first reported Asseri’s request for U.S. political asylum accurately reported on the details of the case as of a year ago.

According to the MSNBC report, Asseri told the broadcast news outlet that he had worked for the Saudi consular office in L.A. for five years. He told MSNBC that he discovered several months before filing his asylum application that Saudi consulate employees, who suspected he was gay, followed him to gay bars.

“It was sometime after these discoveries, Asseri said, that consulate officials began harassing him, refusing to renew his diplomatic passport or provide him with badly needed medical treatment for a painful back ailment,” MSNBC reported.

Consulate officials also demanded that he return to Saudi Arabia, MSNBC reported.

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“My life is in great danger and if I go back to Saudi Arabia, they will kill me openly in broad daylight,” MSNBC quoted him as saying in September 2010.

News of the DHS preliminary decision to withhold approving Asseri’s asylum application was first reported last week by Saudi American journalist and blogger Rasheed Abou-Alshamh on his blog RasheedsWorld.com.

Abou-Alshamh reported in his blog that a Saudi dissident in Washington named Ali al-Ahmed told him the decision to withhold Asseri’s asylum request was “a political decision by the Obama administration,” which, according to al-Ahmed, is “afraid of upsetting the Saudis.”

In his blog posting, Abou-Alshamh did not disclose al-Ahmed’s source or sources for his claim that the Obama administration orchestrated the withholding of the asylum request based on an alleged desire not to offend Saudi Arabia.

Attorney Bolour called the claim “outrageous” and “ludicrous,” saying the DHS decision to refer the asylum application to an immigration court judge is a routine bureaucratic procedure far removed from the White House or the president.

According to the DHS website, an initial decision on an asylum case is made by an asylum officer with the U.S. Citizenship and Immigration Services, which is an arm of the DHS.

Officials with the LGBGT advocacy groups Lambda Legal and Immigration Equality said they were following the Asseri case even though they were not directly involved. Immigration Equality Legal Director Victoria Neilson said the case was unusual because it’s rare that a diplomat like Asseri applies for U.S. asylum on grounds of anti-gay persecution.

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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