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Napolitano affirms gay bi-national couples eligible for visas

DHS clarifies new policy in aftermath of DOMA’s demise

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United States Secretary of Homeland Security Janet Napolitano, gay news, Washington Blade
United States Secretary of Homeland Security Janet Napolitano, gay news, Washington Blade

Secretary of Homeland Security Janet Napolitano affirms gay bi-national couples are eligible for marriage-based green cards. (Washington Blade file photo by Michael Key)

Secretary of Homeland Security Janet Napolitano affirmed in a statement on Monday that marriage-based green card applications for gay bi-national couples will be treated just the same as they are for straight couples in the wake of the Supreme Court ruling against the Defense of Marriage Act.

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly,” Napolitano said. “To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Immediately following the ruling, Napolitano had pledged to implement the ruling against the DOMA, but never before explicitly affirmed that meant the estimated 28,500 married gay bi-national couples in the United States could apply for visas through the I-130 marriage-based green card application process.

One couple has already received notification that the green card application was accepted. On Friday, Julian Marsh and Traian Popov, a Fort Lauderdale, Fla.-based couple, was the first  couple in history to receive notification  their I-130 marriage-based green card application was approved.

Napolitano’s statement is followed by a Q&A on what the Supreme Court ruling means for gay bi-national couples. The Q&A affirms they’re now eligible for a visa even if they live in a state that doesn’t recognize same-sex marriage.

Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.

Q2: My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not. Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition. In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

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Politics

Trump’s CPAC speech did not target trans community

The former president has led an anti-trans campaign

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Former President Donald Trump speaks at CPAC on Feb. 24 2024 (Washington Blade photo by Christopher Kane)

NATIONAL HARBOR, Md. — When he took the stage before a packed ballroom at the Conservative Political Action Conference on Saturday, it seemed inevitable that former President Donald Trump would target the transgender community with insults, ridicule and hostile policy pronouncements.

After all, this kind of rhetoric had become a through-line at this year’s convening of Republican lawmakers, pundits, media personalities, electoral candidates, attorneys, activists and government officials — a feature of virtually every speech and panel discussion from Wednesday to Saturday.

And for his part, Trump kicked off his presidential campaign by pledging, in February 2023, to weaponize the federal government against the trans community if he returns to the White House. This came after he unveiled a “Plan to Protect Children from Left-Wing Gender Insanity” and was followed by similar pronouncements from Trump in the months since, as documented by GLAAD.

On Saturday, though, the former president’s speech included scant mention of LGBTQ issues, apart, perhaps, from some oblique references to “woke” public education and attacks on Christianity.

Trump instead addressed a variety of topics over an hour and a half, from attacks on President Joe Biden and the prosecutors who have targeted him with 91 felony counts to diatribes on overseas conflicts and immigration.

The Independent noted several instances in which Trump made untrue or misleading claims onstage, which concerned the number of American troops killed in Afghanistan during his presidency and a supposed electoral fraud scheme in which Californians are being sent multiple ballots.

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Politics

Harris, other political leaders issue statements on Nex Benedict’s death

Nonbinary Okla. teenager died earlier this month

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Nex Benedict, a 16-year-old nonbinary student from Oklahoma, died on Feb. 8 after a fight at their high school. (Family photo)

Vice President Kamala Harris, White House Press Secretary Karine Jean-Pierre, House Speaker Emerita Nancy Pelosi (D-Calif.), U.S. Rep. Mark Pocan (D-Wis.) and Republican Oklahoma Gov. Kevin Stitt are among the political leaders who have issued statements in recent days about the death of nonbinary teenager Nex Benedict after they were allegedly assaulted in a school bathroom after enduring months of bullying.

The 16-year-old’s death on Feb. 8 sparked outrage and questions about the high school’s response to the altercation, which had occurred the previous day. LGBTQ leaders who include Human Rights Campaign President Kelley Robinson have called for federal investigations by the Justice and Education Departments.

Advocates pointed to the anti-LGBTQ rhetoric and policies, particularly targeting transgender and gender-diverse communities, that have escalated in Oklahoma over the past few years, noting that they tend to increase the incidence of bias-motivated hate violence.

In their statements on X, which offered condolences to those mourning Benedict’s death, the vice president and White House press secretary also pledged solidarity with the LGBTQ community, while Pelosi took aim at “the anti-trans fervor fueled by extreme Republicans” and Pocan — who is gay and chairs the Congressional Equality Caucus — promised to keep fighting for “the dignity that nonbinary and trans Americans deserve. ”

Stitt, who in 2022 signed an anti-trans bill prohibiting students from using public school restrooms that do not match the sex listed on their birth certificates, wrote in his statement that “our hearts go out to Nex’s family, classmates, and the Owasso community. The death of any child in an Oklahoma school is a tragedy — and bullies must be held accountable.”

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Politics

Michael Knowles targets trans people and LGBTQ families in CPAC address

Pundit defended his infamous anti-trans remarks at last year’s event

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Michael Knowles speaks at CPAC on Feb. 22, 2024. (Washington Blade photo by Michael Key)

NATIONAL HARBOR, Md. – Right-wing commentator Michael Knowles began his speech at the Conservative Political Action Conference on Thursday by briefly addressing the “kerfuffle” over his proclamation during last year’s event that “transgenderism must be eradicated from public life entirely.”

Widely interpreted as a call for violence against transgender people or the trans community, the remarks were denounced at the time by White House Press Secretary Karine Jean-Pierre, who called them “shameful, hateful and dangerous.”

Looking back at the incident, Knowles told the crowd “I stand by the observation that men can’t become women.” The controversy, he said, is evidence that the country “is having an identity crisis” — primarily as a consequence of the “decline of religion in America.”

While “true freedom is a national policy based on what we know in our hearts as morally right,” as ordained by God, Knowles said a worldview that makes space for the recognition of LGBTQ people and their families is based on a “false” notion of freedom that privileges, instead, “liberation from all limits.”

He pointed to same-sex marriage as an example, arguing that marriage does not and cannot include unions between “a couple of men, or a couple of women, or three men and a billy goat, for that matter.”

Additionally, Knowles said, one may not claim the “right” to have a child, because “children are people and no one has a right to another person.” He then veered into criticizing the practice of purchasing “designer babies” on the “open market of the surrogacy industry.”

Medically assisted family planning is a symptom of America’s moral decline that is akin to abortion, Knowles said. “If we have the right to kill babies, surely we have the right to buy and sell them too.”

Knowles argued there are “trade-offs” to understanding freedom as a permission structure to identify oneself outside the cisgender male-female binary, or to build relationships and families that are not centered around heterosexual, procreative unions.

Allowing trans women to use women’s restrooms — or, as he put it, giving “men” the “freedom to use the women’s bathroom,” means that “women lose the freedom to have their own bathrooms.”

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