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House Democrats renew calls for ICE to release trans, HIV-positive detainees

Letter notes ‘grave concerns’ and ‘deficiencies’ in detention centers

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A group of 30 Democratic members of the U.S. House of Representatives on Friday called for the release of all transgender people and people with HIV/AIDS who are in U.S. Immigration and Customs Enforcement custody.

“Immigration detention is notoriously dangerous and harmful for transgender immigrants, who are likely to be seeking asylum based on transphobic violence they have already faced, and because of such histories are likely to suffer from depression, post-traumatic stress disorder and other mental health conditions,” wrote U.S. Rep. Mike Quigley (D-Ill.) and the other members of Congress in a letter they sent to Homeland Security Secretary Alejandro Mayorkas and acting ICE Director Tae Johnson. “Transgender individuals also are more likely to require specialized medical care including hormone replacement therapy and HIV treatment.”

The letter notes there “are grave concerns regarding ICE safely detaining transgender individuals.”

ICE in 2017 opened a pod at the privately-run Cibola County Correctional Center in New Mexico that specifically housed trans women. The letter notes it “was plagued by alarming deficiencies in medical care, including ‘hundreds of unanswered requests for medical attention, poor quarantine procedures, and deficient treatment for mental illnesses and other chronic diseases'” that federal inspections documented.

“These deficiencies — which included failures to complete laboratory orders or ensure that HIV-positive individuals were seen by specialists — were so severe as to result in ICE transferring all transgender individuals and others with chronic illness out of the facility,” reads the letter.

“Even outside of this particular housing unit, there is a lack of adequate medical care throughout these detention centers for those with chronic health conditions, and evidence has overwhelmingly shown that those with HIV receive woefully insufficient and inconsistent treatment for their condition,” adds the letter. “HIV requires regular and regimented treatment to be managed, and for those living with HIV, such poor medical care could quickly lead to death or serious health consequences.”

The Cibola County Correctional Center in Milan, N.M. (Photo courtesy of U.S. Immigration and Customs Enforcement)

The members of Congress in their letter conclude ICE “is not fully capable of safely and humanely detaining transgender and HIV+ individuals.”

They specifically request Mayorkas and Johnson, among other things, provide monthly statistics on the number of trans women and men and people with HIV/AIDS who are in ICE custody. The members of Congress also ask for information about ICE’s work with non-governmental organizations that focuses on the release of trans detainees and efforts to secure legal representation for them.

“We look forward to working with you on how we can best support LGBTQ individuals in ICE detention,” reads the letter.

Quigley is among the House Democrats who have previously called for ICE to release all trans people in its custody.

More than 100 people marched to the White House on June 23 to demand the Biden administration end the detention of trans people and people with HIV/AIDS in ICE facilities. Immigration Equality, the National Center for Lesbian Rights, the Transgender Law Center, the Santa Fe Dreamers Project, the Center for Victims of Torture, Familia: Trans Queer Liberation Movement, Mijente and the National Immigrant Justice Center made the same request in a letter they sent to Mayorkas and Johnson on June 16.

Two trans women — Victoria Arellano and Roxsana Hernández — died while in ICE custody in 2007 and 2018 respectively. Another trans woman, Johana “Joa” Medina León, passed away in 2019, three days after ICE released her from its custody.

Arellano, Hernández and Medina were all living with HIV.

The Washington Blade has reached out to ICE for comment on the members of Congress’ letter.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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