Politics
Could UAFA pass as a floor amendment to immigration reform?
LGBT groups support bill despite exclusion of bi-national gay couples
Sen. Chuck Schumer (D-N.Y.) has raised the possibility of UAFA as a floor amendment. (Washington Blade photo by Michael Key)
In the wake of a Senate committee decision to exclude bi-national gay couples from immigration reform, LGBT rights supporters are turning to a possible floor amendment as a way to salvage inclusion in the bill.
LGBT groups working on the issue — Immigration Equality and the Human Rights Campaign — told the Washington Blade they’ve asked Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) to offer the language as an amendment when it comes before the full Senate as expected this month.
Steve Ralls, a spokesperson for Immigration Equality, said discussions are underway to push for a floor amendment along the lines of UAFA, which would enable gay Americans to sponsor their foreign partners for residency in the United States, but a lot depends on the case before the Supreme Court challenging the Defense of Marriage Act.
“I can tell you if the immigration bill is moving toward a vote before we have a Supreme Court DOMA ruling — or after we have a bad Supreme Court ruling — a floor option is something we very much want to look at,” Ralls said. “We’re kind of in two competing timelines here; it’s not entirely clear how quickly the immigration bill will move forward for a vote, and we don’t know exactly when we’re going to have a Supreme Court ruling.”
Bombarded by accusations on his Facebook page that he betrayed the LGBT community by asking the Senate Judiciary Committee to hold off on the amendment, Sen. Chuck Schumer (D-N.Y.) in response raised the possibility of a floor amendment.
“I’ve been a lead sponsor of the Uniting American Families Act for a number of years and I believe and desire that its principles should be included in the immigration bill,” Schumer writes. “There will be an opportunity to add it to the bill on the Senate floor.”
But none of the groups involved say they’ve received commitments from Leahy that he’ll introduce the amendment on the Senate floor, nor has the Vermont senator publicly committed to offering the amendment.
Jessica Brady, a Senate Judiciary Committee spokesperson, said she doesn’t have anything to offer in terms of public commitment for offering UAFA as an amendment on the floor.
“I’m going to have to refer you back to Sen. Leahy’s comments in the markup, when he said he would continue to fight to take discrimination out of the law,” Brady said. “He didn’t specify if he would offer an amendment on the floor.”
Moreover, finding the 60 votes on the Senate floor to end a filibuster on UAFA is significantly more difficult than obtaining the simple majority needed for passage in committee.
Assuming all 54 members of the Democratic caucus support UAFA — and the votes from Sens. Mark Pryor (D-Ark.), Mark Landrieu (D-La.) and Joe Manchin (D-W.Va.), who don’t support marriage equality, are in question — five Republicans would need to vote “yes” in addition to Sen. Susan Collins (R-Maine), the only GOP co-sponsor. The Democrats are now short one vote following the death of Sen. Frank Lautenberg (D-N.J.).
Ralls said finding the necessary 60 votes to end a filibuster on the Senate floor will be “tough,” but he expects Schumer and other Democrats in committee who couldn’t bring themselves to vote for amendments out of fear of losing Republican support for immigration reform to find support for a measure for bi-national couples on the floor.
“I think all of the Democrats on that committee who told Sen. Leahy not to offer the amendment last week owe to our families and they owe it to Sen. Leahy to find the path to 60 votes if we need them to get us there,” Ralls said.
The White House has talked about the possibility of UAFA as a floor amendment to immigration reform once it reaches the Senate floor. Under questioning from the Washington Blade on Friday, White House Principal Deputy Press Secretary Josh Earnest said he thinks “there is an amendment process on the Senate floor where this could be considered, so I don’t want to predict the outcome at this point.”
On NBC’s “Meet the Press,” Schumer said he expects the immigration bill to see action soon on the Senate floor — meaning the question of whether UAFA will be introduced as a floor amendment will have to be answered soon.
“We’re going to put immigration on the floor starting on June 10. I predict it will pass the Senate by July 4,” Schumer said. “We’re hoping to get 70 votes — up to 70 votes, which means a lot of Republicans.”
LGBT groups continue to back reform
Even without the provision for gay couples, LGBT groups are continuing to say they support the measure because it contains other provisions that would directly impact the LGBT community and provide a path to citizenship for the estimated 267,000 LGBT people who are among the 11 million undocumented immigrants in the country.
Among the provisions that directly impact the LGBT community is repeal of the one-year deadline on filing for asylum — a deadline that many LGBT asylum seekers in the United States miss because they’re unaware of it or lack the financial resource to meet it — and improvements in immigration detention facilities to benefit transgender detainees.
In a conference call with reporters, the National Center for Lesbian Rights, GLAAD and GetEQUAL highlighted these aspects of immigration reform to bolster its support among LGBT people.
Kate Kendell, executive director of the National Center for Lesbian Rights, was among those who said the provisions related to asylum and detentions facilities are important to the work done by LGBT advocates.
“We also recognized early that the bill will impact many more LGBT people than simply would be impacted by UAFA,” Kendell said. “We have seen some of the most horrific stories of damage done, discrimination, harassment, terrorizing [involving] LGBT asylum seekers and detention facilities in this country.”
Ralls acknowledged that Immigration Equality continues to support the immigration bill despite discontent over the lack of UAFA-like language in the legislation.
“We’re very disappointed that the bill does not currently include binational families, but as the LGBT organization that speaks to more immigrants than every other group in our community combined, we support the bill, as it includes important provisions that would help many of those individuals, many of whom are our clients, too,” Ralls said.
Fred Sainz, HRC’s vice president of communications, also said his organization still supports immigration reform even without language for bi-national gay couples.
“We are committed to immigration reform,” Sainz said. “Undocumented individuals that happen to be LGBT will immeasurably benefit from immigration reform.”
Meanwhile, the Republican-controlled House has its own “Gang of Eight” working on its version of reform, although the legislation that group of lawmakers produces, as Ralls noted, isn’t expected to include a provision for bi-national gay couples.
“Our strategy all along has been we want to be in the Senate bill, that if a Senate and House bill go to conference, we can rely on our champions in both chambers to make sure that we stay in the bill that reaches the president’s desk,” Ralls said.
Rep. Jerrold Nadler (D-N.Y.), sponsor of UAFA in the House, would likely be the one to amend the bill to include the provision, but given the conservative nature of the House, amending the bill in either committee or the floor to include UAFA seems unlikely.
Ilan Kayatsky, a Nadler spokesperson, said plans for what will happen with the House bill after it’s unveiled by the House “Gang of Eight” are unclear.
“We still don’t know what form or process the House CIR bill will take, so it’s premature to sort out the UAFA specifics just now,” Kayatsky said.
What happens if the Supreme Court strikes down DOMA?
The best hope for bi-national couples may be a ruling from the U.S. Supreme Court on pending litigation challenging DOMA, the federal law prohibiting federal recognition of same-sex marriage. The Obama administration has consistently cited this law, and only this law, as the reason why married bi-national gay couples are ineligible for a visa through the marriage-based green card application process.
Moreover, UAFA would no longer be operable for these legally married couples if DOMA were struck down. Even though UAFA provides a path to residency for “permanent partners,” it would no longer provide relief for couples in these states because the law, under Section 2, subsection D, only applies to those who are “unable to contract with that other individual a marriage cognizable under this Act.”
But the situation is murkier for bi-national couples who live in states without marriage equality. Will someone living in Texas be able to sponsor someone as a “permanent partner” or will they have to travel to a marriage equality state, wed, and then apply for a green card through a marriage-based green card application process? What if they cannot leave the state out of financial constraints?
Ralls said the way Immigration Equality interprets UAFA, the law would still have some use in non-marriage equality states even if DOMA is struck down.
“In some ways, it would make it simpler for couples in non-married states, they would not have to travel, they would be able to apply from their home state for their green card,” Ralls said. “So, in some ways, it’s broader and it applies to couples in all 50 states without forcing them to travel.”
Jon Davidson, legal director for Lambda Legal, said he can’t say at this point under what circumstances a bi-national same-sex couple in a non-marriage equality state would be eligible to apply for a visa if UAFA were law and DOMA were struck down.
“I don’t believe there is a definition of that term in the bill and the focus has been on creating relief from DOMA, not the range of reasons that might make it impossible to travel to a state where same-sex couples can marry,” Davidson said. “Indeed, if the bill were to pass, a court might interpret ‘unable to contract’ to reference legal inability not practical inability in light of one’s personal circumstances.”
But even with the possibility of a Supreme Court ruling against DOMA that would allow at least married bi-national couples to stay in the United States, Ralls said it’s incumbent upon Congress to act.
“We think DOMA is unconstitutional, and we hope the court agrees,” Ralls said. “But when it comes to advocating for real families who are impacted by this, we’re not willing to put all of our eggs in a basket that hasn’t yet been delivered. I do not want to have to tell our couples, the day after a bad DOMA ruling, ‘I wish we had fought harder in Congress.'”
Congress
Eight Democrats break with party as House advances ‘Don’t Say Trans’ bill
Measure not expected to pass in Senate
The U.S. House of Representatives passed a federal “Don’t Say Trans” bill on Wednesday, attempting to force teachers to out transgender students nationwide.
The bill, House Resolution 2616, also called the “Stopping Indoctrination and Protecting Kids Act,” would require schools to get parental consent before allowing students to use their preferred, rather than originally assigned, gender markers, pronouns, or preferred name on any school form, and to use any sex-based accommodations, including locker rooms or bathrooms.
The bill amends Section 8526 of the Elementary and Secondary Education Act of 1965, legislation that allows for federal aid to help elementary and secondary education programs — particularly those under its lowest-income Title I-A program — to stop allocating funds to any education that teaches concepts “related to gender ideology.”
This is directly related to Executive Order 14168, also known as the “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” order, one of President Donald Trump’s first executive orders of his second term. It requires the federal government to recognize only sex assigned at birth and dismiss gender identity rather than sex.
The bill was sponsored by U.S. Rep. Tim Walberg (R-Mich.) and passed by a 217-198 margin. The vote fell mostly along party lines; however, eight Democrats voted for its passage. They were U.S. Reps. Henry Cuellar (D-Texas), Donald Davis (D-N.C.), Cleo Fields (D-La.), Laura Gillen (D-N.Y.), Vicente Gonzalez (D-Texas), Marcy Kaptur (D-Ohio), Marie Gluesenkamp Perez (D-Wash.), and Eugene Vindman (D-Va.).
Proponents of the bill argue a child’s gender identity should be directed by parents at home rather than in public schools.
Critics say this is dangerous and will force students to be outed by their teachers to parents — some of whom may not be supportive of their gender identity — which could lead to violence or possibly conversion therapy.
California Congressman Mark Takano, chair of the Congressional Equality Caucus, spoke on the House floor while the bill was being debated.
“Republicans claim to be the party of small government, but they have no problem bringing the full force of the federal government down against children. The GOP thinks they can legislate transgender people out of existence with this inhumane Don’t Say Trans bill, but all they’re doing is making life worse for a small minority of already-vulnerable children,” Takano said. “I spent 24 years as an educator where I worked with hundreds of high school students and their parents. Most children go to their parents when they need help or are struggling — including transgender children — but not all parents are accepting. The forced outing provision of this bill puts teachers in an impossible situation by requiring them to out trans kids to their parents in certain situations — even if the teacher knows the student will likely face physical abuse. Students like these are who Republicans want to put in immediate physical danger with this bill.”
The Washington Blade talked to Tyler Heck, founder and executive director of the trans advocacy organization and Christopher Street Project PAC, following the bill’s passage.
“Most queer kids go to their families when they are figuring out who they are, and then not all queer kids have that option,” Heck told the Blade. “If this became law, it would harm those already vulnerable kids who rely on school as a safe place and might not have a safe place at home.”
They explained this is not about protecting parents’ rights to know what is going on with their children, but rather the weaponization of trans identity that has become a mainstream Republican ideal pushed by the Trump-Vance administration.
“Young people deserve the space to figure out who they are without the federal government interfering in their lives,” they said. “It is beyond the pale, or rather it should be beyond the pale, and has become a norm for Republicans in Congress to villainize kids, because I mean, this bill targets kids, it’s in the name of the bill, and it’s in the implications.”
Heck continued, saying that amid the rising cost of everyday necessities — from gas to groceries — and while the Trump-Vance administration continues to defund programs intended to help the most vulnerable Americans while creating slush funds for political allies, this is not what Congress should be focusing on.
“At a time when people are really struggling, and politicians need to be focused on lowering costs, they’re using queer and trans kids as political pawns,” Heck said. “They want to divide and conquer this country, and we need to stand up against them and unite behind values of inclusion and of trust in our teachers.”
David Stacy, the Human Rights Campaign’s vice president of government affairs, provided a statement to the Blade.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. HR 2616 does not protect children. It targets them. This bill is cruel, and we’ll continue to fight to ensure it never becomes law.”
The bill will move to the U.S. Senate in the coming days and weeks, but it must first be reviewed by a Senate committee before leadership schedules it for a floor vote, where it will need 60 votes to pass.
The White House
White House counterterrorism strategy targets ‘anti-American, radically pro-transgender’ groups
Administration released document last week
The White House released the “United States Counterterrorism Strategy” last week, introducing enforcement priorities that include references to people with “extreme transgender ideologies.”
The document is the first executive branch counterterrorism strategy released since former President Joe Biden’s 2021 “National Strategy for Countering Domestic Terrorism,” which largely focused on threats tied to domestic extremism and the Jan. 6 Capitol attack. The Trump-Vance administration’s new strategy instead centers heavily on cartels, Islamist organizations, and what it describes as “violent left-wing extremists.”
The report identifies three primary categories of terror threats facing the U.S.: “Narcoterrorists and Transnational Gangs,” “Legacy Islamist Terrorists,” and “Violent Left-Wing Extremists, including Anarchists and Anti-Fascists.” The strategy repeatedly frames those groups as existential threats to the U.S. and outlines a more aggressive, militarized counterterrorism posture.
The introduction to the report closes with a warning from President Donald Trump referencing counterterrorism operations carried out during his second administration: “We will find you and we will kill you.”
In the section outlining the administration’s counterterrorism priorities, the document argues that federal intelligence, and law enforcement agencies under prior administrations focused on the wrong threats while overlooking violence committed by left-wing extremists. The strategy specifically references transgender ideology while discussing political violence.
“As real threats were ignored or underplayed, Americans have witnessed the politically motivated killings of Christians and conservatives committed by violent left-wing extremists, including the assassination of Charlie Kirk by a radical who espoused extreme transgender ideologies.”
Claims tying a trans person to Kirk’s killing have been disputed, however, and multiple news outlets later retracted or corrected early reports that identified the shooter as trans.
The report later expands on that argument, saying the administration will prioritize targeting “violent secular political groups” it describes as anti-American and “radically pro-transgender.”
“In addition to cartels and Islamist terror groups, our national CT activities will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”
The rhetoric mirrors claims frequently made by Trump allies and conservative commentators linking trans people and left-wing activism to political violence. However, data compiled by researchers and organizations tracking mass shootings does not support the idea that trans people are responsible for a significant share of such attacks.
Factcheck.org says rhetoric from Trump and several far-right political pundits contradicts available data, noting that the percentage of mass shootings committed by trans people is “exceedingly small.”
Despite the lack of evidence supporting generalized claims about trans people, the president’s son Donald Trump, Jr., told Fox News in September 2025 that he could not “name a mass shooting in the last year or two in America that wasn’t committed by, you know, a transgender lunatic.”
Factcheck.org also found that even if cases involving shooters with unclear gender identities were included in statistics about trans mass shooters, the number would still account for only a fraction of a percent.
Mark Bryant, founding executive director of the Gun Violence Archive, said the number of trans mass shooters could be as high as eight, but would still account for less than 0.1 percent of mass shootings over the last 12 years, according to GVA data. He added that the figure would remain below 0.2 percent even when examining incidents from 2018 to the present.
Beyond domestic extremism, the strategy frames the administration’s broader counterterrorism agenda through the lens of “America First” foreign policy and renewed U.S. dominance in the Western Hemisphere. The report repeatedly references the Monroe Doctrine, the nearly 200-year-old policy warning European powers against interference in the Americas.
“After years of neglect, the United States will reassert and enforce the Monroe Doctrine to restore American preeminence in the Western Hemisphere, and to protect our homeland” Trump said in the report.
The document also breaks down counterterrorism priorities by region, including the Middle East, where it argues the U.S. is “no longer as dependent” on the region because of increased domestic energy production.
“Our growing domestic energy production means the Middle East is no longer as central to America’s stability, yet threats from this region remain, and our counterterrorism goals continue to be specific and rooted in realistic threat analysis.”
The statement comes amid rising gas prices tied in part to instability surrounding the war involving Iran, with fuel costs reaching some of their highest levels since 2022. According to AAA, the national average price for gasoline climbed to $4.52 per gallon as the national average rose “$.25 for a second straight week.“
Congress
Bill seeks to block global gag rule expansion
Policy now bans US foreign aid to groups promoting ‘gender ideology’
Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.
President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.
Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.
The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.
U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.
“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.
Meng added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.”
“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”
“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”
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