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Biden administration ends ‘Remain in Mexico’ policy

Trump-era program made LGBTQ asylum seekers even more vulnerable

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A portion of the fence that marks the Mexico-U.S. border in Tijuana, Mexico, on Feb. 25, 2020. The Biden administration has ended a Trump-era policy that forced asylum seekers to pursue their cases in Mexico. (Washington Blade photo by Michael K. Lavers)

The Biden administration has officially ended a policy that forced asylum seekers to pursue their cases in Mexico.

The previous White House’s Migrant Protection Protocols program, which became known as the “Remain in Mexico” policy, took effect in 2019. Advocates sharply criticized MPP, in part, because it made LGBTQ asylum seekers who were forced to live in Tijuana, Ciudad Juárez, Matamoros and other Mexican border cities even more vulnerable to violence and persecution based on their gender identity and sexual orientation.

The White House in January suspended enrollment in MPP shortly after President Biden took office.

Homeland Security Secretary Alejandro Mayorkas on Tuesday in a memo he sent to acting U.S. Customs and Border Protection Commissioner Troy Miller, acting U.S. Immigration and Customs Enforcement Director Tae Johnson and acting U.S. Citizenship and Immigration Services Director Tracy Renaud that announced the end of the Trump-era policy said roughly 11,200 asylum seekers with MPP cases have been allowed into the U.S. between Feb. 19 and May 25. Estuardo Cifuentes, a gay man from Guatemala who ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants in Matamoros that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create, is among them.

“MPP does not adequately or sustainably enhance border management in such a way as to justify the program’s extensive operational burdens and other shortfalls,” wrote Mayorkas in his memo.

“In deciding whether to maintain, modify, or terminate MPP, I have reflected on my own deeply held belief, which is shared throughout this administration, that the United States is both a nation of laws and a nation of immigrants, committed to increasing access to justice and offering protection to people fleeing persecution and torture through an asylum system that reaches decisions in a fair and timely manner,” he added. “To that end, the department is currently considering ways to implement long-needed reforms to our asylum system that are designed to shorten the amount of time it takes for migrants, including those seeking asylum, to have their cases adjudicated, while still ensuring adequate procedural safeguards and increasing access to counsel.”

Steve Roth, executive director of the Organization of Refuge, Asylum and Migration, a Minnesota-based organization that works with LGBTQ refugees and migrants around the world, welcomed the end of MPP.

“We’re very happy to see, at long last, the termination of the dangerous and illegal ‘Remain in Mexico’ policy that was put in place by the Trump administration in early 2019,” Roth told the Washington Blade in a statement. “This policy forced asylum seekers at our Southern border — including many LGBTIQ individuals — to spend months and sometimes years in dangerous Mexican border towns while they waited for their asylum cases to be processed.” 

Roth added MPP “was not in keeping with the United States’ commitments to international asylum law and it was not reflective of who we are as a country.”

“We’re grateful to President Biden and his administration for overturning this policy and for their commitment to a just and humane immigration and asylum system,” he said.

Immigration Equality Legal Director Bridget Crawford echoed Roth.

“President Trump created a humanitarian disaster with this policy that has resulted in well over a thousand asylum seekers being assaulted, raped, kidnapped or murdered while awaiting their asylum hearing, including LGBTQ and HIV-positive people,” Crawford told the Blade in a statement. 

Ending MPP is the latest in a series of steps the Biden administration has taken to reverse the previous White House’s hardline immigration policies.

State Department spokesperson Ned Price told the Blade last month that protecting migrants and asylum seekers who are fleeing persecution based on their gender identity and sexual orientation is one of the administration’s global LGBTQ rights priorities.

Vice President Kamala Harris is among the administration officials who have publicly acknowledged that anti-LGBTQ violence is a “root cause” of migration from Central America. Texas Congresswoman Veronica Escobar, whose district includes the border city of El Paso, and others have noted to the Blade that Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the coronavirus pandemic, remains in place.

Congress has yet to consider a comprehensive immigration reform bill that Democrats introduced in February. Crawford in her statement also notes Mayorkas’ memo “does not address the many thousands of individuals who were wrongfully denied relief under the MPP program.” 

“These people no longer have ‘active’ cases, so they are not being processed by the administration, but many are living in Mexico or have been returned back to their countries where they face persecution.  Quite literally, some of these people have been handed a death sentence,” said Crawford. “The Biden administration has not addressed these cases yet and whether people wrongfully denied relief under the MPP program will have an opportunity to renew their claims.” 

Estuardo Cifuentes outside a port of entry in Brownsville, Texas, on March 3, 2021, shortly after he entered the U.S. (Photo courtesy of Estuardo Cifuentes)
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Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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The White House

Trump travels to Middle East countries with death penalty for homosexuality

President traveled to Saudi Arabia, Qatar, and United Arab Emirates

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President Donald Trump with Saudi Crown Prince Mohammed bin Salman at the Saudi-U.S. Investment Forum in Riyadh, Saudi Arabia, on May 13, 2025. (Photo courtesy of the White House's X page)

Homosexuality remains punishable by death in two of the three Middle East countries that President Donald Trump visited last week.

Saudi Arabia and Qatar are among the handful of countries in which anyone found guilty of engaging in consensual same-sex sexual relations could face the death penalty.

Trump was in Saudi Arabia from May 13-14. He traveled to Qatar on May 14.

“The law prohibited consensual same-sex sexual conduct between men but did not explicitly prohibit same-sex sexual relations between women,” notes the State Department’s 2023 human rights report, referring specifically to Qatar’s criminalization law. “The law was not systematically enforced. A man convicted of having consensual same-sex sexual relations could receive a sentence of seven years in prison. Under sharia, homosexuality was punishable by death; there were no reports of executions for this reason.”

Trump on May 15 arrived in Abu Dhabi, the capital of the United Arab Emirates.

The State Department’s 2023 human rights report notes the “penalty for individuals who engaged in ‘consensual sodomy with a man'” in the country “was a minimum prison sentence of six months if the individual’s partner or guardian filed a complaint.”

“There were no known reports of arrests or prosecutions for consensual same-sex sexual conduct. LGBTQI+ identity, real or perceived, could be deemed an act against ‘decency or public morality,’ but there were no reports during the year of persons prosecuted under these provisions,” reads the report.

The report notes Emirati law also criminalizes “men who dressed as women or entered a place designated for women while ‘disguised’ as a woman.” Anyone found guilty could face up to a year in prison and a fine of up to 10,000 dirhams ($2,722.60.)

A beach in Dubai, United Arab Emirates, on Oct. 3, 2024. Consensual same-sex sexual relations remain criminalized in the country that President Donald Trump visited last week. (Washington Blade photo by Michael K. Lavers)

Trump returned to the U.S. on May 16.

The White House notes Trump during the trip secured more than $2 trillion “in investment agreements with Middle Eastern nations ($200 billion with the United Arab Emirates, $600 billion with Saudi Arabia, and $1.2 trillion with Qatar) for a more safe and prosperous future.”

Former President Joe Biden traveled to Saudi Arabia in 2022.

Saudi Arabia is scheduled to host the 2034 World Cup. The 2022 World Cup took place in Qatar.

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