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ICE issues guidance for trans immigrants in detention

Memo requires data forms allowing detainees to disclose gender identity

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Jennicet Gutiérrez, gay news, Washington Blade`
Jennicet Gutiérrez, gay news, Washington Blade`

Jennicet Gutiérrez hackled President Obama last week over the treatment of transgender people in immigration detention. (Photo by Melissa Sklarz)

The agency of the Department of Homeland Security responsible for detaining and deporting undocumented immigrants unveiled new guidance on Monday for a “respectful, safe and secure environment” for transgender people in immigration detention.

The 18-page memorandum, dated June 19 and signed by Thomas Homan, executive associate director of enforcement and removal operations within the U.S. Immigration & Customs Enforcement, spells out new instructions to update data systems, identification and processing and housing placement for transgender detainees.

Additionally, the guidance announces the creation of a new national ERO LGBTI coordinator, who’ll coordinate care of LGBT people in detention. Also on Monday, each of the 24 ERO Field Offices are set to designate local LGBT field liaisons to serve as resources for officers, DHS announced.

In a statement, Homan said the memo “reaffirms ICE’s commitment to provide a safe, secure, and respectful environment for all those in our custody, including those individuals who identify as transgender.”

“We want to make sure our employees have the tools and resources available to learn more about how to interact with transgender individuals and ensure effective standards exist to house and care for them throughout the custody cycle,” Homan added.

Under the new guidance, officials are required to enable detainees to identify as transgender on data forms. For detainees that identify as transgender, officials are instructed to consider detention that has medical personnel with experience in providing care, including hormone therapy, to transgender people. Placement into a segregated unit should only be used as a last resort when no other temporary housing exists.

Richard Rocha, an ICE spokesperson, said the administration shared the guidance first with officers and close non-governmental organizations stakeholders, but held off until now to publicize the change.

The memo is made public after more than 30 House Democrats led by Rep. Raul Grijalva (D-Ariz.) wrote to Homeland Security Secretary Jeh Johnson last week and called for an update to policy for transgender detainees, saying the current system leaves transgender immigrants vulnerable to abuse.

Also last week, Jennicet Gutiérrez, an undocumented transgender immigrants and activist affiliated with GetEQUAL and FAMILIA TQLM, heckled President Obama for a two-minute period during the annual White House Pride reception last week and was later escorted out of the event. In an op-ed for the Washington Blade, Gutiérrez said she interrupted Obama to draw attention to harsh treatment of trans people in immigration detention.

In a joint statement, the National Immigrant Justice Center, National Center for Transgender Equality, United We Dream, Immigration Equality and Human Rights Campaign, welcomed the guidance, but said the Obama administration must do more to protect LGBT immigrants.

Raffi Freedman-Gurspan, the National Center for Transgender Equality’s racial and economic justice initiative policy advisor, said the time has come for the Obama administration to release transgender detainees altogether.

“ICE’s guidelines finally acknowledges what we’ve known for a long time: Transgender people cannot be held safely in detention,” Freedman-Gurspan said. “Though the guidance represents a significant improvement in how transgender immigration detainees will be treated, ICE’s record on implementing guidance such as this is mixed. To really end the suffering transgender detainees face, the Obama administration must release transgender detainees for whom being in detention makes them a target of sexual assault and violence.”

According to the National Immigrant Justice Center, the guidance is step forward, but falls short because it says nothing about gay, lesbian and bisexual individuals in immigration detention, allows for continued use of solitary confinement for detainees and has insufficient detail on implementation.

Keren Zwick, managing attorney for NIJC’s LGBT Immigrant Rights Initiative, said she guidance is a positive step, but “the devil is in the details.”

“We continue to have significant concern that the implementation of this guidance will be slow, insufficient, and that it will result in hubbing transgender women in remote areas where they cannot have meaningful access to counsel,” Zwick said.

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1 Comment

1 Comment

  1. Dave Francis

    June 30, 2015 at 1:48 am

    SO FAR I HAVE NOT BEEN BRAINWASHED BY NBC OR THE LIBERAL OR
    CORPORATE RUN MEDIA?

    Every American should bear this in mind, when the time
    comes to vote again–a quote of Margaret Thatcher (The Iron Lady), the British Prime
    Minster of England 1925-2013.

    “The problem with socialism is that you eventually run out
    of other peoples’ money”.

    HOW TRUE THAT IS? Wow, how true that quote is especially
    under President Obama’s Liberal Socialist Doctrine, that millions of people and
    this equally applies to unknown numbers of illegal
    aliens, who under this Obama’s Imperial rule has not only allowed illegal aliens to enter this country
    without apprehension, his weak policies have signaled to the world, that if you
    can arrive here—we will process you and take you in. There by adding to
    millions of welfare recipients. Worse still is his complete and ignorant stand
    on ISIL, a very abhorrent gang of butchers that must be eradicated from this
    earth. We are standing on the brink of a modest communist agenda and this to must
    be obliterated. After my loyal service of 26 years in the Merchant Marine, I am
    certainly not rich but have enough to live on in benefits and assets that I
    earned with hard work. So far I haven’t been brainwashed by the radical left. Since
    the election of this President who thinks he is a king and we are his peons, he
    and his court have taken more power from the states and the people, with more
    control over the individual—each citizen and legal resident.

    In 2016, unless we erase this“Give me something for
    nothing” ideology of Obama’s, America will become
    a “Third World Hellhole” as Ann Coulter states on the front of her New York
    Blockbuster book “Adios America”. Only the
    American voters can decide which direction we should go? Never did I dream of
    this shameful administration I voted into power. I myself marked an X so to
    speak for Obama. Myself, I am voting this time for entrepreneur and businessman
    Donald Trump, unless of course he
    starts to fade. Then next in line Senator Ted Cruz or a lady with the right
    stuff Carly
    Fiorina. Then of course anybody who fits into the grading system of NumbersUSA
    and they should click on http://www.numbersusa.Com/
    Scott Walker has a first class grading measurement of B-. On my part there will
    be no vote for Hillary Clinton and Bernie Sanders or Jeb Bush all need to be mothballed.
    No more Career Politicians, who are tied to the same brush on Immigration; a
    path to citizenship. Thousands of people wait in line for years from all over
    the world, but this administration has more loyalty to illegal aliens, then
    this nation’s people or legal immigrants.

    AVERAGE AMERICAN VOTERS ARE TOO
    AFRAID AND COWER IN DARK CORNERS OWING TO ‘POLITICAL CORRECT POLICE’.

    YES! AND I KNOW THE DIFFERENCE BY AN
    ILLEGAL ALIEN AND A LEGAL IMMIGRANT, BUT THE MORONS TRY TO MERGE THE TWO NAMES
    TOGETHER? ONLY SOMEBODY WITH AN EMPTY CRANIUM WOULD CONFUSE WHAT THE
    TERMINOLOGY MEANS? ILLEGAL—IS—ILLEGAL!

    Our federal
    government wishes to be personally involved in every aspect of our lives. They
    think they know what’s best when it comes to health-care, insurance, and our
    earnings. The government has no problem with incarcerating thousands of
    Americans for petty crimes, but the illegal aliens cannot be held but for six
    months. Immigration and Customs Enforcement is regularly releasing dangerous
    criminals. Now we have found out just how dangerous this move was. The Washington time reported USICE put felons illegally
    back to litter our streets, instead of deporting them. These are brutal
    criminals that Homeland Security knew they would commit more crimes once the
    government gave them amnesty (the failure to deport 195.00 illegal aliens or
    detain them IS amnesty?). Now at least
    121 law abiding people, folks that thought the government was protecting them,
    are now dead.

    Me, I am
    going to take my chances with a Donald Trump the Billionaire, who as President
    cannot be intimidated, or given hush money. The Crony Capitalism of buying
    votes in Congress has no effect on Trump? My family’s personal opinion and many
    of my friends doesn’t care if he has a giant ego; whether he is arrogant or
    bloody minded as long he puts America back on track. As for the UniVision
    debacle and NBC, I don’t watch either media, so a majority of Americans don’t
    care. They are irrelevant to me. He speaks directly to the working man and
    doesn’t hold back. Sealing the US/ Mexican that border is one of his
    major issues, that he has stipulated will be on his desk the first days of his
    administration. He demands that the Mexican government will recompense us.

    If Mexican
    authorities don’t agree to pay, then American taxpayers will have to shell out
    for the construction of a border wall? In the long run, it would pay for itself
    as hundreds of billions of dollars would be saved when illegal aliens would be
    arrested, including ‘Overstays’ and sent home. Under Obama and the Socialist
    more spending, more taxes to bleed incessantly from taxpayers, to pay welfare
    to illegal aliens and the growing volume of food stamps to parasitic Americans
    who cringe at the word work. Trump will renegotiate all significantly bad Trade
    Agreements, including NAFTA. It swallows
    our money, for goods made across the border. If corporate taxes were lowered
    from 39 percent, transnational entities would prefer to came back and bring
    trillions of dollars to our banks.

    If you are searching for the unrestrained truth and not the
    rhetoric or propaganda from the GOP establishment or the Democrats, then click
    on http://www.judicialwatch.org/ this is
    unbiased review of legal, non-profit foundation that blatantly tells you the
    facts about corruption in Federal, state and local government. In many
    instances this administration and Congress ‘believe they are above the law’,
    but Judicial Watch carefully examines the law and will take them to court to be
    held accountable? The American News network, http://www.oann.com.a
    7/24 cable broadcast offers world wide news, and not the prejudiced, misleading
    partisan news that has leanings of either Democrats, liberal or even the career
    Republicans.

    INCIDENTALLY,
    FROM MY HIGH SCHOOL EXPERIENCE I ALWAYS THOUGHT THE SUPREME COURT WAS TO DECIDE
    LAW AND NOT WRITE LAW AS THE EDICTS OF THE US CONSTITUTION SUPPLIES? WRITING LAWS WAS UP TO THE US CONGRESS AND NOT A BLACK ROBED JUDGES
    WHO ARE USING THEIR OWN AGENDA, TO MAKE LAW?

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise

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Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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D.C. bill to ban LGBTQ panic defense delayed by Capitol security

Delivery of bill to Congress was held up due to protocols related to Jan. 6 riots

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New fencing around the Capitol following the Jan. 6 insurrection prevented some D.C. bills from being delivered to the Hill for a required congressional review. (Blade file photo by Michael K. Lavers)

A bill approved unanimously last December by the D.C. Council to ban the so-called LGBTQ panic defense has been delayed from taking effect as a city law because the fence installed around the U.S. Capitol following the Jan. 6 insurrection prevented the law from being delivered to Congress.

According to Eric Salmi, communications director for D.C. Council member Charles Allen (D-Ward 6), who guided the bill through the Council’s legislative process, all bills approved by the Council and signed by the D.C. mayor must be hand-delivered to Congress for a required congressional review.

“What happened was when the Capitol fence went up after the January insurrection, it created an issue where we physically could not deliver laws to Congress per the congressional review period,” Salmi told the Washington Blade.

Among the bills that could not immediately be delivered to Congress was the Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, which was approved by the Council on a second and final vote on Dec. 15.

Between the time the bill was signed by Mayor Muriel Bowser and published in the D.C. Register under procedural requirements for all bills, it was not ready to be transmitted to Congress until Feb. 16, the Council’s legislative record for the bill shows.

Salmi said the impasse in delivering the bill to Congress due to the security fence prevented the bill from reaching Congress on that date and prevented the mandatory 60-day congressional review period for this bill from beginning at that time. He noted that most bills require a 30 legislative day review by Congress.

But the Evangelista-Hunter bill, named after a transgender woman and a gay man who died in violent attacks by perpetrators who attempted to use the trans and gay panic defense, includes a law enforcement related provision that under the city’s Home Rule Charter passed by Congress in the early 1970s requires a 60-day congressional review.

“There is a chance it goes into effect any day now, just given the timeline is close to being up,” Salmi said on Tuesday. “I don’t know the exact date it was delivered, but I do know the countdown is on,” said Salmi, who added, “I would expect any day now it should go into effect and there’s nothing stopping it other than an insurrection in January.”

If the delivery to Congress had not been delayed, the D.C. Council’s legislative office estimated the congressional review would have been completed by May 12.

A congressional source who spoke on condition of being identified only as a senior Democratic aide, said the holdup of D.C. bills because of the Capitol fence has been corrected.

“The House found an immediate workaround, when this issue first arose after the Jan. 6 insurrection,” the aide said.

“This is yet another reason why D.C. Council bills should not be subject to a congressional review period and why we need to grant D.C. statehood,” the aide said.

The aide added that while no disapproval resolution had been introduced in Congress to overturn the D.C. Evangelista-Hunter bill, House Democrats would have defeated such a resolution.

“House Democrats support D.C. home rule, statehood, and LGBTQ rights,” said the aide.

LGBTQ rights advocates have argued that a ban on using a gay or transgender panic defense in criminal trials is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s criminal act, including murder.

Some attorneys have argued that their clients “panicked” after discovering the person against whom they committed a violent crime was gay or transgender, prompting them to act in a way they believed to be a form of self-defense.

In addition to its provision banning the LGBTQ panic defense, the Evangelista-Hunter bill includes a separate provision that strengthens the city’s existing hate crimes law by clarifying that hatred need not be the sole motivating factor for an underlying crime such as assault, murder, or threats to be prosecuted as a hate crime.

LGBTQ supportive prosecutors have said the clarification was needed because it is often difficult to prove to a jury that hatred is the only motive behind a violent crime. The prosecutors noted that juries have found defendants not guilty of committing a hate crime on grounds that they believed other motives were involved in a particular crime after defense lawyers argued that the law required “hate” to be the only motive in order to find someone guilty of a hate crime.

Salmi noted that while the hate crime clarification and panic defense prohibition provisions of the Evangelista-Hunter bill will become law as soon as the congressional review is completed, yet another provision in the bill will not become law after the congressional review because there are insufficient funds in the D.C. budget to cover the costs of implementing the provision.

The provision gives the D.C. Office of Human Rights and the Office of the D.C. Attorney General authority to investigate hate related discrimination at places of public accommodation. Salmi said the provision expands protections against discrimination to include web-based retailers or online delivery services that are not physically located in D.C.

“That is subject to appropriations,” Salmi said. “And until it is funded in the upcoming budget it cannot be legally enforced.”

He said that at Council member Allen’s request, the Council added language to the bill that ensures that all other provisions of the legislation that do not require additional funding – including the ban on use of the LGBTQ panic defense and the provision clarifying that hatred doesn’t have to be the sole motive for a hate crime – will take effect as soon as the congressional approval process is completed.

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D.C. man charged with 2020 anti-gay death threat rearrested

Defendant implicated in three anti-LGBTQ incidents since 2011

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shooting, DC Eagle, assault, hate crime, anti-gay attack, police discrimination, sex police, Sisson, gay news, Washington Blade

A D.C. man arrested in August 2020 for allegedly threatening to kill a gay man outside the victim’s apartment in the city’s Adams Morgan neighborhood and who was released while awaiting trial was arrested again two weeks ago for allegedly threatening to kill another man in an unrelated incident.

D.C. Superior Court records show that Jalal Malki, who was 37 at the time of his 2020 arrest on a charge of bias-related attempts to do bodily harm against the gay man, was charged on May 4, 2021 with unlawful entry, simple assault, threats to kidnap and injure a person, and attempted possession of a prohibited weapon against the owner of a vacant house at 4412 Georgia Ave., N.W.

Court charging documents state that Malki was allegedly staying at the house without permission as a squatter. An arrest affidavit filed in court by D.C. police says Malki allegedly threatened to kill the man who owns the house shortly after the man arrived at the house while Malki was inside.

According to the affidavit, Malki walked up to the owner of the house while the owner was sitting in his car after having called police and told him, “If you come back here, I’m going to kill you.” While making that threat Malki displayed what appeared to be a gun in his waistband, but which was later found to be a toy gun, the affidavit says.

Malki then walked back inside the house minutes before police arrived and arrested him. Court records show that similar to the court proceedings following his 2020 arrest for threatening the gay man, a judge in the latest case ordered Malki released while awaiting trial. In both cases, the judge ordered him to stay away from the two men he allegedly threatened to kill.

An arrest affidavit filed by D.C. police in the 2020 case states that Malki allegedly made the threats inside an apartment building where the victim lived on the 2300 block of Champlain Street, N.W. It says Malki was living in a nearby building but often visited the building where the victim lived.

“Victim 1 continued to state during an interview that it was not the first time that Defendant 1 had made threats to him, but this time Defendant 1 stated that if he caught him outside, he would ‘fucking kill him.’” the affidavit says. It quotes the victim as saying during this time Malki repeatedly called the victim a “fucking faggot.”

The affidavit, prepared by the arresting officers, says that after the officers arrested Malki and were leading him to a police transport vehicle to be booked for the arrest, he expressed an “excited utterance” that he was “in disbelief that officers sided with the ‘fucking faggot.’”

Court records show that Malki is scheduled to appear in court on June 4 for a status hearing for both the 2020 arrest and the arrest two weeks ago for allegedly threatening to kill the owner of the house in which police say he was illegally squatting.

Superior Court records show that Malki had been arrested three times between 2011 and 2015 in cases unrelated to the 2021 and 2020 cases for allegedly also making threats of violence against people. Two of the cases appear to be LGBTQ related, but prosecutors with the U.S. Attorney’s Office did not list the cases as hate crimes.

In the first of the three cases, filed in July 2011, Malki allegedly shoved a man inside Dupont Circle and threatened to kill him after asking the man why he was wearing a purple shirt.

“Victim 1 believes the assault occurred because Suspect 1 believes Victim 1 is a homosexual,” the police arrest affidavit says.

Court records show prosecutors charged Malki with simple assault and threats to do bodily harm in the case. But the court records show that on Sept. 13, 2011, D.C. Superior Court Judge Stephen F. Eilperin found Malki not guilty on both charges following a non-jury trial.

The online court records do not state why the judge rendered a not guilty verdict. With the courthouse currently closed to the public and the press due to COVID-related restrictions, the Washington Blade couldn’t immediately obtain the records to determine the judge’s reason for the verdict.

In the second case, court records show Malki was arrested by D.C. police outside the Townhouse Tavern bar and restaurant at 1637 R St., N.W. on Nov. 7, 2012 for allegedly threatening one or more people with a knife after employees ordered Malki to leave the establishment for “disorderly behavior.”

At the time, the Townhouse Tavern was located next door to the gay nightclub Cobalt, which before going out of business two years ago, was located at the corner of 17th and R Streets, N.W.

The police arrest affidavit in the case says Malki allegedly pointed a knife in a threatening way at two of the tavern’s employees who blocked his path when he attempted to re-enter the tavern. The affidavit says he was initially charged by D.C. police with assault with a dangerous weapon – knife. Court records, however, show that prosecutors with the U.S. Attorney’s Office lowered the charges to two counts of simple assault. The records show that on Jan. 15, 2013, Malki pleaded guilty to the two charges as part of a plea bargain arrangement.

The records show that Judge Marissa Demeo on that same day issued a sentence of 30 days for each of the two charges but suspended all 30 days for both counts. She then sentenced Malki to one year of supervised probation for both charges and ordered that he undergo alcohol and drug testing and undergo treatment if appropriate.

In the third case prior to the 2020 and 2021 cases, court records show Malki was arrested outside the Cobalt gay nightclub on March 14, 2015 on multiple counts of simple assault, attempted assault with a dangerous weapon – knife, possession of a prohibited weapon – knife, and unlawful entry.

The arrest affidavit says an altercation started on the sidewalk outside the bar when for unknown reasons, Malki grabbed a female customer who was outside smoking and attempted to pull her toward him. When her female friend came to her aid, Malki allegedly got “aggressive” by threatening the woman and “removed what appeared to be a knife from an unknown location” and pointed it at the woman’s friend in a threatening way, the affidavit says.

It says a Cobalt employee minutes later ordered Malki to leave the area and he appeared to do so. But others noticed that he walked toward another entrance door to Cobalt and attempted to enter the establishment knowing he had been ordered not to return because of previous problems with his behavior, the affidavit says. When he attempted to push away another employee to force his way into Cobalt, Malki fell to the ground during a scuffle and other employees held him on the ground while someone else called D.C. police.

Court records show that similar to all of Malki’s arrests, a judge released him while awaiting trial and ordered him to stay away from Cobalt and all of those he was charged with threatening and assaulting.

The records show that on Sept. 18, 2015, Malki agreed to a plea bargain offer by prosecutors in which all except two of the charges – attempted possession of a prohibited weapon and simple assault – were dropped. Judge Alfred S. Irving Jr. on Oct. 2, 2015 sentenced Malki to 60 days of incarnation for each of the two charges but suspended all but five days, which he allowed Malki to serve on weekends, the court records show.

The judge ordered that the two five-day jail terms could be served concurrently, meaning just five days total would be served, according to court records. The records also show that Judge Irving sentenced Malki to one year of supervised probation for each of the two counts and ordered that he enter an alcohol treatment program and stay away from Cobalt.

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