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Is a discharge petition ‘the only way’ to pass ENDA?

Gay lawyer who authored McCain-Feingold thinks so

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Trevor Potter, gay news, Washington Blade

Gay McCain-Feingold co-author Trevor Potter says a discharge petition is “the only way” to pass ENDA. (Photo courtesy of Caplin & Drysdale via Wikimedia Commons).

The gay co-author of the bipartisan campaign finance reform law known as McCain-Feingold says LGBT advocates could take a lesson from the way that measure passed into law — a discharge petition in the U.S. House — to advance the Employment Non-Discrimination Act.

Trevor Potter, a Republican attorney with Caplin & Drysdale who specializes in political law, told the Washington Blade on Tuesday that a discharge petition is “the only way” to get ENDA passed while Republicans remain in control of the House.

“Given the House GOP leader’s opposition to ENDA, and resulting refusal to schedule it for a floor vote, the ONLY way to get it passed in the House is by way of a discharge petition,” Potter said via email. “If the petition gets close to 218 signatures, then the leadership will negotiate.”

Asked whether those words should be considered an endorsement of a discharge petition, Potter replied, “I’m not in the business of endorsing strategies — just commenting on them and analyzing them. I’m just a lawyer, not a political strategist.”

Successful discharge petitions in Congress in rare, but some supporters of ENDA — most prominently the LGBT group Freedom to Work — are seeking a discharge petition as a way to get around the issue of House Republican leadership  withholding a floor vote on ENDA.

If 218 lawmakers sign the petition, ENDA would come to the floor regardless of what House Speaker John Boehner (R-Ohio) and House Majority Leader Eric Cantor (R-Va.) have to say. That would mean in addition to the 178 sponsors of ENDA, 40 more lawmakers would have to sign the petition in the Republican-majority chamber.

The last successful discharge petition was in 2002: the House version of campaign finance legislation co-written by Potter that became known as the McCain-Feingold Bipartisan Campaign Reform Act.

In addition to co-writing that law, Potter has a distinctive history as an openly gay person in support of McCain. He served as general counsel to the Arizona senator’s 2008 and 2000 presidential campaigns.

Asked whether he could see McCain voting in favor of ENDA, Potter declined to answer.

“Like all good lawyers, I don’t comment on my clients,” he said.

Tico Almeida, president of Freedom to Work, said supporters of ENDA should take heed of Potter’s words as they look to pass the bill during the 113th Congress.

“Mr. Potter is way too modest,” Almeida said. “I understand that he basically co-wrote the McCain-Feingold legislation and was an author of the strategy to move it through both chambers of Congress. I’m impressed with the way they used the House ‘discharge petition’ to bring about the win on that legislation, and we should learn from their success as we push forward this year on ENDA.”

Still, Almeida cautioned against considering a discharge petition the “only way” to pass ENDA in the House and said other options are on the table.

“I don’t think a discharge petition is the only winning strategy, we might also choose to attach ENDA to another bill in the Senate, but the House discharge petition should definitely be on the table after we rack up a huge Senate vote total on ENDA this fall,” Almeida said. “If we all push hard, we could get to 60 Senate votes by September.”

Other LGBT groups and lawmakers who support ENDA aren’t overtly calling at this point for a discharge petition amid preparations for a full floor vote in the Senate in the months ahead.

Mara Keisling, executive director of the National Center for Transgender Equality, spoke broadly about supporting the right strategy to pass the bill when asked about the discharge petition.

“NCTE is interested in pursuing every possible option at the right time in the right way,” Keisling said.

Stacey Long, the National Gay & Lesbian Task Force director of public policy and government affairs, said the first matter at hand is success in the Senate before turning to the House.

“Our focus is building support for ENDA in the Senate and getting a floor vote done as soon as possible,”

Last week, Human Rights Campaign President Chad Griffin said he didn’t know whether a discharge petition would be appropriate for ENDA.

“I think as we get closer and as we make progress in the Senate, we’ll see, as we get closer, what the right strategies will be ultimately to get this done and work with the leadership, and work with Leader Reid and Chairman Harkin, who have been instrumental, and Sen. Merkley, who have been instrumental in getting us to where we are today,” Griffin said.

During the Netroots Nation conference in San Jose, Calif., last month, House Minority Leader Nancy Pelosi (D-Calif.) entertained the idea of a discharge petition to pass ENDA, but doubted the votes are there for passage.

“We can do discharge, but we don’t have enough votes to pass it,” Pelosi said. “So that means we have to have mobilization outside from some of our Republican friends, who should think that this is a form of discrimination that we should be getting rid of. But this is certainly the next order of business for us.”

And in an interview with the Blade in November, Rep. Jared Polis (D-Colo.), the gay lawmaker who’s the chief sponsor of ENDA in the House, said a discharge petition could be an option, but noted that legislation is rarely passed through that method.

“We can certainly file one,” Polis said. “Certainly in my time in Congress and long before it, there has never been a successful discharge petition … There certainly hasn’t been one in my time, or in the immediate past before my time.”

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Congress

Torres: gay Venezuelan asylum seeker is ‘poster child’ for Trump’s ‘abuses against due process’

Congressman spoke with the Blade Thursday

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Democratic U.S. Rep. Ritchie Torres of New York told the Washington Blade during an interview Thursday that his party erred in focusing so much attention on demands for the Trump-Vance administration to return Kilmar Abrego Garcia to the U.S. when the wrongful deportation of Andry Hernández Romero “was much more egregious.”

Hernández is a gay Venezuelan national who was deported to El Salvador in March and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

“In the case of Andry, the government admits that it has no evidence of gang membership, but he was deported without due process, without a notification to his attorney, without a court hearing to contest the allegations against him, without a court order authorizing his deportation,” the congressman said.

“He had not even the slightest semblance of due process,” Torres said. “And even though he had a court hearing scheduled for March 17, the Trump administration proceeded to deport him on March 15, in violation of a court order.”

“I think we as a party should have held up Andry as the poster child for the abuses against due process, because his case is much more sympathetic,” Torres said. “There’s no one who thinks that Andry is a gang member.”

“Also,” the congressman added, “he’s not a quote-unquote illegal immigrant. He was a lawful asylum seeker. He sought asylum lawfully under the statutes of the United States, but he was deported unlawfully at the hands of the Trump administration.”

Torres was among the 49 members of Congress who joined with Democratic U.S. Sens. Alex Padilla and Adam Schiff of California in writing to Secretary of State Marco Rubio on Monday demanding information about Romero, including proof of life.

The lawmakers urged the State Department to facilitate his access to legal counsel and take steps to return him, expressing fear for his safety — concerns that Torres reiterated on Thursday.

“Jails and prisons can be dangerous places for gay men, and that is especially true of a place like CECOT,” the congressman said. “He fled Latin America to escape violent homophobia. There are a few places on earth that have as much institutionalized homophobia as jails and prisons, and so I do fear for his safety.”

“I released a video telling the story of Andry,” Torres noted, adding, “I feel like we have to do more to raise awareness and the video is only the beginning … And you know, the fact that Abrego Garcia is returning to the United States shows that the administration has the ability to bring back the migrants who were unlawfully deported.”

Torres spoke with the Blade just after Padilla was forcibly removed from a federal building in Los Angeles after attempting to question U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday.

Footage of the senator being pushed out of the room, onto the floor, and handcuffed by officers wearing FBI identifying vests drew outrage from top Democrats in California and beyond.

“It’s the latest reminder that Donald Trump and his administration have no respect for anything or anyone but himself,” Torres told the Blade. “And every bit as outrageous as Donald Trump himself has been the enabling on the part of the congressional Republicans who are aiding and abetting his authoritarian abuses.”

“We have to be vigilant in resisting Donald Trump,” the congressman said. “We have to resist him on the streets through grassroots mobilization. We have to resist him in the courtrooms through litigation. We have to resist him in the halls of Congress through legislation.”

Torres added that “we have to win back the majority in 2026” and “if Republicans have no interest in holding Donald Trump accountable, then those Republicans should be fired from public office” because “we need a Congress that is able and willing to hold Donald Trump accountable, to stand up to his authoritarian assault on our democracy.”

Resisting is “a matter of free speech,” he said, noting that the president’s aim is to “create a reign of terror that intimidates people into silence,” but “we cannot remain silent. We have to unapologetically and courageously exercise our right to free speech, our right to assemble peacefully, and our right to resist an authoritarian president like Donald Trump.”

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Congress

Padilla forcibly removed from federal building for questioning DHS secretary

Prominent Democrats rushed to defend senator

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U.S. Sen. Alex Padilla (D-Calif.) (Washington Blade photo by Michael Key)

Democratic U.S. Sen. Alex Padilla of California was forcibly removed from a federal building in Los Angeles after attempting to ask questions of U.S. Homeland Security Secretary Kristi Noem during a press conference on immigration Thursday

The city has been rattled in recent days as protestors objecting to the Trump-Vance administration’s immigration crackdowns clashed with law enforcement and then the president deployed National Guard troops and U.S. Marines, which was seen as a dramatic escalation.

According to a video shared by his office, the senator, who serves as ranking member of the Senate Judiciary Immigration Subcommittee, introduced himself and said, I have questions for the secretary.” After he was pushed out of the room, officers with FBI-identifying vests told Padilla to put his hands behind his back and handcuffed him.

“Senator Padilla is currently in Los Angeles exercising his duty to perform Congressional oversight of the federal government’s operations in Los Angeles and across California,” reads a statement from his office.

“He was in the federal building to receive a briefing with General Guillot and was listening to Secretary Noem’s press conference,” the statement continued. “He tried to ask the secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information.”

Democrats were furious, with many releasing strong statements online condemning the actions of law enforcement officers, including California Gov. Gavin Newsom (D), Los Angeles Mayor Karen Bass (D), and the state’s other U.S. senator, Adam Schiff (D).

Human Rights Campaign Chief of Staff Jay Brown also issued a statement: “A sitting U.S. senator should be allowed to ask a Cabinet secretary a question at a press conference — in his own state, on an issue affecting his constituents — without being violently thrown to the floor and handcuffed. Everyone who cares about our country must condemn this undemocratic act. Full stop.”



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51 lawmakers sign letter to Rubio about Andry Hernández Romero

U.S. Rep. Robert Garcia (D-Calif.) spoke about gay Venezuelan asylum seeker

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

Forty nine members of Congress and two U.S. senators, all Democrats, signed a letter Monday to Secretary of State Marco Rubio demanding information about Andry Hernández Romero, a gay Venezuelan national who was deported to El Salvador and imprisoned in the country’s notorious Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT

“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left
Venezuela after experiencing discriminatory treatment because of his sexual orientation and
opposition to Venezuela’s authoritarian government,” the lawmakers wrote. They urged the State Department to facilitate his access to legal counsel and take steps to return him.

After passing a credible fear interview and while awaiting a court hearing in March, agents with U.S. Immigration and Customs Enforcement reportedly transported Hernández out of the U.S. without due process or providing evidence that he had committed any crime.

In the months since, pressure has been mounting. This past WorldPride weekend in Washington was kicked off with a rally in front of the U.S. Supreme Court and a fundraiser, both supporting Hernández and attended by high profile figures including members of Congress, like U.S. Rep. Mark Takano (D-Calif.)

U.S. Rep. Robert Garcia (D-Calif.) was among the four members who wrote to Rubio about Hernández in April. On Friday, he spoke with the Washington Blade before he and his colleagues, many more of them this time, sent the second letter to Rubio.

“There’s a lot of obviously horrible things that are happening with the asylum process and visas and international students and just the whole of our value system as it relates to immigration,” he said, which “obviously, is under attack.”

“Andry’s case, I think, is very unique and different,” the congressman continued. “There is, right now, public support that is building. I think he has captured people’s attention. And it’s growing — this is a movement that is not slowing down. He’s going to be a focal point for Pride this year. I mean, I think people around the world are interested in the story.”

Garcia said he hopes the momentum will translate to progress on requests for proof of life, adding that he was optimistic after meeting with Hernández’s legal team earlier on Friday.

“I mean, the president, Kristi Noem, Marco Rubio — any of these folks could could ask to see if just he’s alive,” the congressman said, referring to the secretary of Homeland Security, whom he grilled during a hearing last month. ICE is housed under the DHS.

“People need to remember, the most important part of this that people need to remember, this isn’t just an immigration issue,” Garcia noted. “This is a due process issue. This is an asylum case. We gave him this appointment. The United States government told him to come to his appointment, and then we sent him to another country, not his own, and locked him up with no due process. That’s the issue.”

Garcia said that so far neither he nor his colleagues nor Hernández’s legal team were able to get “any answers from the administration, which is why we’re continuing to advocate, which is why we’re continuing to reach out to Secretary Rubio.”

“A lot more Democrats are now engaged on this issue,” he said. U.S. Sens. Adam Schiff and Alex Padilla, both from California, joined Monday’s letter. “The more that we can get folks to understand how critical this is, the better. The momentum matters here. And I think Pride does provide an opportunity to share his story.”

Asked what the next steps might be, Garcia said “we’re letting his legal team really take the lead on strategy,” noting that Hernández’s attorneys have “already engaged with the ACLU” and adding, “It’s very possible that the Supreme Court could take this on.”

In the meantime, the congressman said “part of our job is to make sure that that people don’t forget Andry and that there is awareness about him, and I think there’s a responsibility, particularly during WorldPride, and during Pride, all throughout the month — like, this is a story that people should know. People should know his name and and people should be aware of what’s going on.”

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