Advocacy groups in the wake of President-elect Donald Trump’s election fear his administration’s proposed immigration policies will place LGBTQ migrants and asylum seekers at increased risk.

“What we are expecting again is that the new administration will continue weaponizing the immigration system to keep igniting resentment,” Abdiel Echevarría-Cabán, an immigration lawyer who is based in Texas’s Rio Grande Valley, told the Washington Blade.

Trump during the campaign pledged a “mass deportation” of undocumented immigrants.

The president-elect in 2019 implemented the Migrant Protection Protocols program — known as the “Remain in Mexico” policy — that forced asylum seekers to pursue their cases in Mexico.

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 State Department currently advises American citizens not to travel to Tamaulipas state in which Matamoros is located because of “crime and kidnapping.” The State Department also urges American citizens to “reconsider travel” to Baja California and Chihuahua states in which Tijuana and Ciudad Juárez are located respectively because of “crime and kidnapping.”

The Biden-Harris administration ended MPP in 2021.

The Centers for Disease Control and Prevention in March 2020 implemented Title 42, which closed the Southern border to most asylum seekers and migrants because of the COVID-19 pandemic. The policy ended in May 2023.

Robert Contreras, president of Bienestar Human Services, a Los Angeles-based organization that works with Latino and LGBTQ communities, in a statement to the Blade noted Project 2025, which “outlines the incoming administration’s agenda, proposes extensive rollbacks of rights and protections for LGBTQ+ individuals.”

“This includes dismantling anti-discrimination protections, restricting access to gender-affirming healthcare, and increasing immigration enforcement,” said Contreras.

Trans woman in Tijuana nervously awaits response to asylum application

A Biden-Harris administration policy that took place in May 2023 says “noncitizens who cross the Southwest land border or adjacent coastal borders without authorization after traveling through another country, and without having (1) availed themselves of an existing lawful process, (2) presented at a port of entry at a pre-scheduled time using the CBP (U.S. Customs and Border Protection) One app, or (3) been denied asylum in a third country through which they traveled, are presumed ineligible for asylum unless they meet certain limited exceptions.” The exceptions under the regulation include:

• They were provided authorization to travel to the United States pursuant to a DHS-approved parole process; 
• They used the CBP One app to schedule a time and place to present at a port of entry, or they presented at a port of entry without using the CBP One app and established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle; or 
• They applied for and were denied asylum in a third country en route to the United States.  

Biden in June issued an executive order that prohibits migrants from asking for asylum in the U.S. if they “unlawfully” cross the Southern border.

The Organization for Refuge, Asylum and Migration works with LGBTQ migrants and asylum seekers in Tijuana, Mexicali and other Mexican border cities.

ORAM Executive Director Steve Roth is among those who criticized Biden’s executive order. Roth told the Blade the incoming administration’s proposed policies would “leave vulnerable transgender people, gay men, lesbians, and others fleeing life-threatening violence and persecution with little to no opportunity to seek asylum in the U.S. stripped of safe pathways.”

“Many will find themselves stranded in dangerous regions like the Mexico-U.S. border and transit countries around the world where their safety and well-being will be further jeopardized by violence, exploitation, and a lack of support,” he said. 

Jennicet Gutiérrez, co-executive director of Familia: TQLM, an organization that advocates on behalf of transgender and gender non-conforming immigrants, noted to the Blade a trans woman who has asked for asylum in the U.S. “has been patiently waiting in Tijuana” for more than six months “for her CBP One application response.”

“Now she feels uncertain if she will ever get the chance to cross to the United States,” said Gutiérrez.

She added Trump’s election “is going to be devastating for LGBTQ+ asylum seekers.”

“Transgender migrants are concerned about the future of their cases,” said Gutiérrez. “The upcoming administration is not going to prioritize or protect our communities. Instead, they will prioritize mass deportations and incarceration.”

TransLatin@ Coalition President Bamby Salcedo echoed Gutiérrez.

“Trans people who are immigrants are getting the double whammy with the new administration,” Salcedo told the Blade. “As it is, trans people have been political targets throughout this election. Now, with the specific target against immigrants, trans immigrants will be greatly impacted.”

‘We’re ready to keep fighting’

Trans Queer Pueblo is a Phoenix-based organization that provides health care and other services to undocumented LGBTQ immigrants and migrants of color. The group, among other things, also advocates on behalf of those who are in U.S. Immigration and Customs Enforcement detention centers.

“We refuse to wait for politicians to change systems that were designed to hurt us,” Trans Queer Pueblo told the Blade in a statement. “The elections saw both political parties using our trans and migrant identities as political pawns.”

Trans Queer Pueblo acknowledged concerns over the incoming administration’s immigration policies. It added, however, Arizona’s Proposition 314 is “our biggest battle.”

Arizona voters last month approved Proposition 314, which is also known as the Secure the Border Act.

Trans Queer Pueblo notes it “makes it a crime for undocumented people to exist anywhere, with arrests possible anywhere, including schools and hospitals.” The group pointed out Proposition 314 also applies to asylum seekers.

“We are building a future where LGBTQ+ migrants of color can live free, healthy, and secure, deciding our own destiny without fear,” Trans Queer Pueblo told the Blade. “This new administration will not change our mission — we’re ready to keep fighting.”

Contreras stressed Bienestar “remains committed to advocate for the rights and safety of all migrants and asylum seekers.” Gutiérrez added it is “crucial for LGBTQ+ migrants to know that they are not alone.”

“We will continue to organize and mobilize,” she said. “We must resist unjust treatments and laws.”

Several leading LGBTQ organizations in D.C. are coming together to make sense of the recent election and to discuss the future of advocacy and resilience as President-elect Donald Trump prepares to take office. 

With Republicans in firm control of the federal government after winning majorities in the House and Senate, many are concerned about attacks on the LGBTQ community, including Trump’s pledge to ban trans people from serving in the military. In addition, many LGBTQ federal workers have expressed concerns about being targeted for reassignment or termination, as outlined in Project 2025, a right-wing blueprint for Trump’s second term.

In response, D.C.’s LGBTQ community is coming together for an event on Thursday, Dec. 12, 6:30-8 p.m. at the Eaton Hotel (1201 K. St., N.W.) featuring an array of speakers who will address issues, including: anticipated policy shifts; community resilience strategies; legal rights; immigration advocacy; and federal workers’ rights. 

The event, titled, “Charting Our Future: LGBTQ+ Advocacy & Resilience in a Changing Landscape” is free; visit washingtonblade.com/future to RSVP.

The event is being hosted by the Washington Blade and includes community partners: the DC LGBTQ+ Budget Coalition, HME Consulting & Advocacy, Eaton DC, DC LGBTQ+ Community Center, Capital Pride Alliance, and the Mayor’s Office of LGBTQ+ Affairs. Heidi Ellis of the DC LGBTQ+ Budget Coalition will moderate. A list of speakers will be released later this week.

In a little-noticed development, the Wanda Alston Foundation, which assumed control over the operations of the D.C. LGBTQ community services group Casa Ruby in August 2022 under a court-appointed receivership role, filed a petition on Aug. 27 of this year to place Casa Ruby in bankruptcy.

The petition, filed in the U.S. Bankruptcy Court for the District of Columbia, says Casa Ruby has estimated liabilities to at least 50 creditors of more than $1 million and estimated assets of between $0 and $50,000.

Nick Harrison, an attorney representing the Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, said Casa Ruby currently has no known financial assets, including cash.

He said the bankruptcy petition’s estimated assets of up to $50,000 are based on a pending lawsuit that the Alston Foundation filed against eight former Casa Ruby board members and Casa Ruby’s founder and former executive director Ruby Corado in December 2022. The lawsuit accuses the board of violating D.C.’s nonprofit corporation law by failing to exercise oversight over Casa Ruby’s operations that led to its financial collapse and shutdown in 2022.

The lawsuit calls on the court to require Corado and the former board members to pay “restitution, compensatory damages, punitive damages, receivership fees and expenses, court costs, attorneys’ fees, and expenses, and any other relief the court deems necessary and proper.”

A D.C. Superior Court judge on May 1, 2023, dismissed the lawsuit filed by the Alston Foundation against all but one of the former Casa Ruby board members but did not dismiss the case against Corado.

The Alston Foundation has appealed the ruling dismissing the lawsuit, and the case is now pending before the D.C. Court of Appeals.

The lawsuit also alleges that the board failed to adequately oversee the actions of Corado, who pleaded guilty in July of this year to a charge of wire fraud as part of a plea bargain deal offered by prosecutors.

The charge to which Corado pleaded guilty in the U.S. District Court for D.C. says she allegedly diverted at least $150,000 “in taxpayer-backed emergency COVID relief funds” awarded to Casa Ruby to “private offshore bank accounts for her personal use,” according to a statement released by the U.S. Attorney’s office.

Corado, who initially denied the allegations against her, is currently staying with a family member in Rockville, Md., in a home detention arrangement following her arrest by the FBI on March 5 of this year. She is scheduled to be sentenced on Jan. 10.

D.C. Superior Court Judge Danya A. Dayson stated that her decision to dismiss the lawsuit against seven of the eight former board members was based on her interpretation of D.C. law. She said she believes the law holds that members of an organization’s board of directors can only be held liable for harming an organization like Casa Ruby if they “intentionally, rather than negligently, inflicted harm on Casa Ruby.”

The judge said she did not dismiss the case against one of the board members because the lawsuit presents evidence that the board member received some financial benefits from Corado.

In a legal brief filed with the appeals court, the Alston Foundation attorneys state that evidence shows the Casa Ruby board members “were deliberately indifferent or ‘willfully blind’ to the alleged wrongful conduct of the nonprofit’s executive director amounting to actual knowledge on their part that inaction would harm the nonprofit, ultimately and forcibly leading to its financial inability to continue operation.”

The former board members have declined requests for comment on the lawsuit.

Harrison, the attorney representing the Alston Foundation in the bankruptcy filing, said anyone who is owed money by Casa Ruby has until Jan. 21 to file a “proof of claim” form with the bankruptcy court to be eligible to be compensated if funds become available.

At the time of Casa Ruby’s shutdown, the organization’s employees were among those who said they were not paid in the months or weeks prior to the shutdown.

Asked what prompted the Alston Foundation to file the bankruptcy petition on behalf of Casa Ruby, Harris said, “Filing the bankruptcy petition ensures that a trustee with the appropriate expertise can wrap up the remaining issues while allowing the Wanda Alston Foundation to stay focused on its core mission.” 

U.S. Bankruptcy Court records show that one of the officials in charge of collecting proof of claim forms for those owed money is Mark E. Albert, a court appointed Trustee for the bankruptcy filing. Court records show he can be reached at 202-728-3020.