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EXCLUSIVE: Obama administration issues written deportation guidelines

DHS clarifies when LGBT couples are in ‘family relationships’

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The US Department of Homeland Security

New guidance from the Department of Homeland Security stipulating that gay and lesbian bi-national couples are families spells out three criteria for immigration officials who are determining whether to exercise prosecutorial discretion in potential deportation cases.

The memorandum from U.S. Immigration & Customs Enforcement was long sought by LGBT advocates and lawmakers seeking greater protection for bi-national same-sex couples, who may be faced with separation under the nation’s current immigration code if the immigrant in the relationship doesn’t have legal status in the United States. It was obtained exclusively Tuesday by the Washington Blade and can be downloaded here.

The guidance offers three criteria for immigration personnel as they determine whether a same-sex relationship would “rise to the level of a ‘family relationship'”:

Same-sex relationships that rise to the level of “family relationships” are long-term, same-sex relationships in which the individuals

• are each other’s sole domestic partner and intend to remain so indefinitely;

• are not in a marital or other domestic relationship with anyone else; and typically maintain a common residence

• and share financial obligations and assets.

Notably, the guidance doesn’t mandate that the couples be in a legal same-sex marriage as it lays out criteria for when they would be eligible for prosecutorial discretion.

ICE maintains that being in a family relationship is one factor that immigration officials should consider when determining whether to exercise prosecutorial discretion and other issues may trump familial status.

“Officers, agents and attorneys must consider the totality of circumstances presented in an individual case,” the guidance states. “Family relationships may be outweighed by criminal history, prior immigration violations, or other indicia that an individual meets ICE enforcement priorities.”

The guidance is dated Oct. 5 and signed by three senior officials within ICE: Executive Associate Director Gary Mead, Executive Associate Director James Dinkins and Principal Legal Director Peter Vincent. According to the heading, it was distributed to ICE field office directors, chief counsel and special agents.

Lavi Soloway, an immigration attorney and co-founder of Stop the Deportations, commended DHS for issuing the guidance, saying it marks the first time ever the Obama administration “has put in writing a policy to protect gay and lesbian couples who are threatened with deportation.”

“We are grateful that the Obama administration has finally issued written guidelines that we can take into court when we fight deportations,” Soloway said. “We continue to represent numerous same-sex couples in immigration courts around the country who are facing imminent deportation, and this document will help us finally resolve those cases so that no couple is torn apart.”

Soloway added the guidance is “evidence that the Obama administration is able to develop innovative, interim remedies” to help LGBT people. Calling the guidance a “great start,” Soloway said DHS should follow up by opening up “humanitarian parole” to reunite same-sex partners if one is living in exile and placing in abeyance marriage-based green card applications for bi-national same-sex couples to ensure they can stay together in the United States.

The memorandum follows a June 2011 memorandum from ICE that laid out criteria for when immigration officials should exercise prosecutorial discretion in cases that may be a low priority for deportation. That earlier guidance said one of the relevant factors was “the person’s ties and contributions to the community, including family relationships.” The Obama administration previously told media outlets that bi-national same-sex couples were included in this category, but LGBT inclusion wasn’t until now spelled out directly to immigration officials.

The Blade reported last week that Secretary of Homeland Security Janet Napolitano delivered a letter to Congress informing lawmakers that DHS would issue this follow-up guidance in response to a letter from 84 House Democrats requesting the update. But LGBT advocates have been pushing for updated guidance for more than a year since ICE first issued its memorandum on prosecutorial discretion in June 2011.

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National

Trans experiences with the internet range from ‘harrowing’ to ‘powerful’

New survey provides insights into the stakes of web use for LGBTQ adults

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(Image courtesy of LGBT Tech)

Alex, 29, would not have met their friends without the internet. While living in a small city surrounded by farmland, finding community was not always easy.

Alex tried out one of those apps for adults seeking to make friends. It turned out to be a remarkable success. “I’ve made my friend group as a direct result of using the internet,” they said, explaining that even though all the friends are trans, due to their diverse interests, “we would have been hard-pressed to have ever really run into each other by happenstance.”

Making friends online is also safer for Alex. Before they pursued HRT and surgery and looked more “visibly queer,” they were in scary situations. “I’ve had pickup trucks chase me while driving, people call out slurs while driving by me, and I’ve been shot at,” they said. 

Having the internet available for appointments, work, and social activities is fundamental to their life.

But the web was not always such a friendly place for Alex. “There’s so much hate and falsehoods out there about trans people,” they said. “It’s why it takes so long for some of us to learn about who we are.”

This dissonance is widespread within the LGBTQ community. A recent report—”ctrl+alt+lgbt: Digital Access, Usage, and Experiences of the LGBTQ+ Community”—by LGBT Tech and Data for Progress provides insight into that phenomenon. 

Shae Gardner, director of policy at LGBT Tech, explained that most of the research about the LGBTQ community’s internet use historically has focused on youth. The project aimed to fill the gap. From surveys with 1,300 people across the country, the report found that while the internet is a foundational space for LGBTQ community building and self-expression, it also comes with a high risk for bullying and harassment.  

These findings intensify when looking specifically at the data for underrepresented groups within the LGBTQ population like the transgender community, who are by far the group that faces the most harassment online, per the Anti-Defamation League. Gardner explained that the survey was over-sampled for transgender individuals intentionally. “We really wanted to understand that specific experience,” Gardner said.

The Blade interviewed five trans people about their experiences to gain insight into how different community members felt while navigating the web and specifically identified sources who do not have public platforms and therefore do not face heightened public scrutiny. Due to concern for backlash, all sources for this story spoke on condition of anonymity with gender-ambiguous names and they/them pronouns.

Four out of five of the people interviewed emphasized that the internet is a vital resource for accessing healthcare. 

Riley, 24, explained, “I have such immense dread about transitioning because I don’t want to have to interact with doctors around my identity. I feel like I don’t have access to providers who are able to understand me.”

The internet, for many, provides a safe location to access health information and care without the judgment of doctors. Kai, 23, and Cameron, 27, both shared that the internet was an important place for them to learn specifics around trans healthcare and seek out trans-friendly providers. Alex agreed and added that they have made it so all of their doctors’ appointments through tele-health.

These experiences are consistent with the larger trans community. LGBT Tech’s survey found that 70% of transgender adults use the internet to find LGBTQ-friendly healthcare. By comparison, only 41% of cisgender LGBTQ adults use the internet to find the same friendly care.

All the sources interviewed said they sought LGBTQ community online with varying degrees of success. 

Jordan, 24, said that not only is social media a good way to stay connected with people they know, but it also helps them find a broader community. “It’s nice to follow other trans and queer people whose experiences can inspire me or make me feel seen.”

Cameron emphasized that the internet provides connections to activities and communities around town. “Social media has facilitated my in-person queer and trans community,” they explained. “I learn a lot about what queer events are happening around town via social media. I have a wonderful community playing queer sports that I wouldn’t have found without the internet.”

Kai shared that it hasn’t been a successful pursuit for them: “I wish it did more than it does.” 

Per LGBT Tech’s survey, transgender adults “often” use social media to connect with existing LGBTQ friends and family 41% of the time (as opposed to “sometimes” “rarely” or “never”). This is 21% more than the LGBTQ community at large. The survey also reveals that transgender adults are 20% more likely to “often” use social media to connect with new LGBTQ community than the LGBTQ community at large.

Everyone but Cameron has experienced some form of direct bullying or harassment for being transgender, either online or in person. The survey found that 83% of transgender adults have faced bullying online. By comparison, 59% of the cisgender LGBTQ community faced bullying online. 

“Technology is only as good as its application. And this is the other side of the dual-edged sword,” said Gardner. 

Gardner explained that the online and in-person harassment was mirrored. “The experiences of anti-LGBTQ bullying were very high, both for LGBTQ+ individuals and especially for trans individuals, but those numbers were nearly equitable to the experiences that that they have in the real world with anti-LGBTQ+ bullying,” she said. The survey found that 82% of transgender adults faced bullying in person.

The survey found despite the comparable levels of harassment and high levels of misinformation (93% of transgender adults saw anti-LGBTQ misinformation online), respondents overwhelmingly felt safe online—67% of trans adults and 76% of cisgender LGBTQ adults. 

When she compared this phenomenon to her life, Gardner wasn’t surprised. “The harassment that I have faced online has certainly felt less immediately threatening than what I’ve faced in person. The mental toll it takes is significant, but I would argue individuals probably have an easier time getting away from it.”

That doesn’t stop Gardner from noting, “We need to be fighting [harassment] in both places.” 

She explained that, “when we are staring down the barrel of record-setting anti-LGBTQ+ legislation yet again, it is so integral to keep fighting for digital spaces to be as safe as possible.”

Regardless of its safety, it is a space that is a constant for many. “I use the internet constantly,” said Alex. “I use the internet a lot at work since I have a desk job,” said Jordan.

When reflecting on the internet, Riley summed up the tensions they experience. “It can be harrowing often but simultaneously it’s where I feel a sense of community and access.”

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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Pennsylvania

Pa. House passes bill to repeal state’s same-sex marriage ban

Measure now goes to Republican-controlled state Senate

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

The Democratic-controlled Pennsylvania House of Representatives on July 2 passed a bill that would repeal the state’s same-sex marriage ban.

The marriage bill passed by a 133-68 vote margin, with all but one Democrat voting for it. Thirty-two Republicans backed the measure.

The bill’s next hurdle is to pass in the Republican-controlled Pennsylvania Senate.

State Rep. Malcolm Kenyatta (D-Philadelphia), a gay man who is running for state auditor, noted to the Pittsburgh Tribune-Review the bill would eliminate a clause in Pennsylvania’s marriage law that defines marriage as “between one man and one woman.” The measure would also change the legal definition of marriage in the state to “a civil contract between two individuals.”

Kenyatta did not return the Washington Blade’s requests for comment.

The U.S. Supreme Court in 2015 in Obergefell v. Hodges extended marriage rights to same-sex couples across the country. 

Justice Clarence Thomas in the 2022 decision that struck down Roe v. Wade said the Supreme Court should reconsider the Obergefell decision and the Lawrence v. Texas ruling that said laws that criminalize consensual same-sex sexual relations are unconstitutional. President Joe Biden at the end of that year signed the Respect for Marriage Act, which requires the federal government and all U.S. states and territories to recognize same-sex and interracial marriages.

Republican Virginia Gov. Glenn Youngkin earlier this year signed a bill that codified marriage rights for same-sex couples in state law. Pennsylvania lawmakers say the marriage codification bill is necessary in case the Supreme Court overturns marriage rights for same-sex couples in their state and across the country.

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Pennsylvania

Western Pa. transgender girl killed, dismembered

Pauly Likens, 14, brutally murdered last month

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(Photo courtesy of the LGBTQIA+ Alliance Shenango Valley)

Editor’s note: The Philadelphia Gay News originally published this story.

BY TIM CWIEK | Prosecutors are pledging justice for Pauly Likens, a 14-year-old transgender girl from Sharon, Pa., who was brutally killed last month. Her remains were scattered in and around a park lake in western Pennsylvania.

“The bottom line is that we have a 14-year-old, brutally murdered and dismembered,” said Mercer County District Attorney Peter C. Acker in an email. “Pauly Likens deserves justice, her family deserves justice, and we seek to deliver that justice.”

On June 23, DaShawn Watkins allegedly met Likens in the vicinity of Budd Street Public Park and Canoe Launch in Sharon, Pa., and killed her. Watkins subsequently dismembered Likens’s corpse with a saw and scattered her remains in and around Shenango River Lake in Clark Borough.

On July 2, Watkins was arrested and charged with first-degree murder, aggravated assault, abuse of a corpse and tampering with evidence. He’s being held without bail in the Mercer County jail.

The coroner’s office said the cause of death was sharp force trauma to the head and ruled the manner of death as homicide.

Cell phone records, social media and surveillance video link Watkins to the crime. Additionally, traces of Likens’s blood were found in and around Watkins’s apartment in Sharon, Pa., authorities say.

A candlelight vigil is being held Saturday, July 13, in remembrance of Likens. It’s being hosted by LGBTQIA+ Alliance Shenango Valley. The vigil begins at 7 p.m. at 87 Stambaugh Ave. in Sharon, Pa.

Pamela Ladner, president of the Alliance, mourned Likens’s death. 

“Pauly’s aunt described her as a sweet soul, inside and out,” Ladner said in an email. “She was a selfless child who loved nature and wanted to be a park ranger like her aunt.”

Acker, the prosecutor, said Likens’s death is one of the worst crimes he’s seen in 46 years as an attorney. But he cautioned against calling it a hate crime. “PSP [Pennsylvania State Police] does not believe it in fact is one [hate crime] because the defendant admitted to being a homosexual and the victim was reportedly a trans girl,” Acker asserted.

Acker praised the criminal justice agencies who worked on the case, including the Pennsylvania State Police, the Hermitage Police Department, the Sharon Police Department, park rangers from the Shenango Reservoir, Mercer County Coroner John Libonati, and cadaver dog search units.

“The amount of hours dedicated to the identification of the victim and the filing of charges against the defendant is a huge number,” Acker added. “We take the murder of any individual very seriously, expressly when they are young and brutally killed and dismembered.”

Acker also noted that all criminal defendants are presumed to be innocent until proven guilty in a court of law.

This is a developing story.

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