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Advocacy groups criticize new Biden immigration policies

White House to expand humanitarian parole program, ‘expedited removal’

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President Joe Biden and Vice President Kamala Harris at the White House on Dec. 13, 2022. (Washington Blade photo by Michael Key)

The Biden administration’s expansion of the the use of “expedited removal” of Cubans, Nicaraguans, Haitians and Venezuelans who enter the U.S. from Mexico without legal authorization has sparked widespread criticism from advocacy groups that specifically work with LGBTQ and intersex asylum seekers and migrants.

The Department of Homeland Security will create a humanitarian parole program for Cubans, Haitians and Nicaraguans that combines “safe, orderly and lawful pathways to the United States, including authorization to work, with significant consequences for those who fail to use those pathways.”

Cubans, Haitians and Nicaraguans through a U.S. Customs and Border Protection app “can seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization, provided that they: Pass righrous biometric and biographic national security and public safety screening and vetting; have a supporter in the United States who commits to providing financial and other support and complete vaccinations and other public health requirements.”

“Individuals do not need to be at the border to schedule an appointment; expanded access to the app in Central Mexico is designed to discourage noncitizens from congregating near the border in unsafe conditions,” notes DHS. “Initially, this new scheduling function will allow noncitizens to schedule a time and place to come to a port of entry to seek an exception from the Title 42 public health order for humanitarian reasons based on an individualized assessment of vulnerability. This will replace the current process for individuals seeking exceptions from the Title 42 public health order, which requires noncitizens to submit requests through third party organizations located near the border.” 

President Joe Biden on Thursday said from the White House as Vice President Kamala Harris stood beside him that Cubans, Nicaraguans, Haitians and Venezuelans “account for most of the people traveling into Mexico to start a new life by getting … to the American border and trying to cross.”

DHS said U.S. Border Patrol “saw” a 90 percent decrease in the number of Venezuelans “encountered at the border” after a similar humanitarian parole progam began for them last October. Uniting for Ukraine, a humanitarian parole program for Ukrainians who fled after Russia launched its war against their country, started in April 2022. 

Up to 30,000 “qualifying nationals” from Cuba, Nicaragua, Haiti and Venezuela will be allowed “to reside legally in the United States for up to two years and to receive permission to work here during that period.”

DHS notes Venezuelans, Cubans, Haitians and Nicaraguans “who do not avail themselves of this procress, attempt to enter the United States without authorization, and cannot establish a legal basis to remain will be removed or returned to Mexico, which will accept returns of 30,000 individuals per month who fail to use these new pathways.”

“The expansion of the Venezuela process to Cuba, Haiti and Nicaragua is contingent on the government of Mexico’s willingness to accept the return or removal of nationals from those countries,” said DHS. “It also is responsive to a request from the government of Mexico to provide additional legal pathways for migrants, and it advances both countries’ interests in addressing the effects throughout the hemisphere of deteriorated conditions in these countries.”  

The administration’s announcement also notes “individuals who enter the United States, Mexico or Panama without authorization following today’s announcement will generally be ineligible for these (humanitarian parole) processes.”

“My message is this: If you’re trying to leave Cuba, Nicaragua, or Haiti, you have … or have agreed to begin a journey to America, do not — do not just show up at the border. Stay where you are and apply legally from there,” said Biden “Starting today, if you don’t apply through the legal process, you will not be eligible for this new parole program. Let me reiterate: You need a lawful sponsor in the United States of America, number one. And you need to undergo a rigorous background check, number two. If your application is approved and you show up at — at a U.S. airport or when and where directed … you have access, but if your application is denied or you attempt to cross into the United States unlawfully, you will not be allowed to enter.”

Title 42 is ‘the law now’

The U.S. Supreme Court on Dec. 27 ruled Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic, must remain in place.

The Biden administration has sought to end Title 42 but Arizona and 18 other states that include Texas filed a lawsuit. The Supreme Court is expected to hear oral arguments in the case next month.

Biden is scheduled to travel to El Paso, Texas, which is across the Rio Grande from Ciudad Juárez, Mexico, on Sunday before he travels to Mexico City to attend the North American Leaders’ Summit with Mexican President Andrés Manuel López Obrador and Canadian Prime Minister Justin Trudeau. 

“I don’t like Title 42 at all, but it is the law now,” said Biden, who predicted the pandemic-era policy will end this year. “I wanted to make sure there was a rational way to begin this now.”

DHS Secretary Alejandro Mayorkas, who was born in Cuba, on Thursday told reporters that Title 42 “increases” the number of attempts to cross the border without legal authorization. Mayorkas, like Biden, stressed the administration is “required, given the different court orders, to employ Title 42.”

“We will continue to exercise that authority, consistent with the court orders,” said Mayorkas.

Both Mayorkas and Biden said the U.S. will expel foreign nationals who enter the U.S. without legal authorization under Title 8 once Title 42 ends. They also urged Congress to pass a comprehensive immigration reform bill.

“We are here because our immigration system is broken, outdated and in desperate need of reform,” said Mayorkas. “The laws we enforce have not been updated in decades.”

“Many Republicans agree we should do something, but it’s time to stop listening to their inflammatory talk, and it’s time to look at their record,” stressed Biden. “I’ll sit down with anyone who, in good faith, wants to fix our broken immigration system. And it’s hard. It’s hard on the best of circumstances. But if the most extreme Republicans continue to demagogue this issue and reject solutions, I’m left with only one choice: To act on my own, do as much as I can on my own to try to change the atmosphere. Immigration reform used to be a bipartisan issue. We can make it that way again. It’s not only the right thing to do, it’s economically a smart thing to do.”

El Paso, Texas, and Ciudad Juárez, Mexico, on July 15, 2019. President Joe Biden will visit El Paso before he travels to Mexico City for a summit with Mexican President Andrés Manuel López Obrador and Canadian Prime Minister Justin Trudeau. (Washington Blade photo by Michael K. Lavers)

Layla Razavi, interim executive director of Freedom for Immigrants, in a statement said their organization is “deeply disappointed at Biden’s shameful expansion of Trump’s Title 42 policy, which further cements his predecessor’s anti-immigrant legacy.” 

“The Biden administration should be working to restore and strengthen our asylum system, not eroding what has been a vital lifeline for so many in our communities,” said Razavi. “True to Title 42’s original motives, this policy will continue to disproportionately harm Black and brown migrants seeking asylum.”

Organization of Refuge, Asylum and Migration works with LGBTQ and intersex asylum seekers from Ukraine and other countries around the world. Steve Roth, the group’s executive director, last May joined five members of Congress who visited two shelters for LGBTQ and intersex asylum seekers in the Mexican border city of Tijuana.

Roth in a text message to the Blade described the administration’s announcement as “sad and frustrating.”

“It’s unlawful and will limit access to the asylum system for the vast majority of asylum seekers at the border, including LGBTIQ people,” he said. 

Immigration Equality Executive Director Aaron C. Morris in a press release said “every LGBTQ and HIV-positive refugee has the right to apply for asylum in the United States.”

“Requiring our community to file for asylum in unsafe third countries will have mortal consequences for many of us,” he said. “Immigration Equality strongly condemns any proposal by the Biden administration to restrict asylum to LGBTQ and HIV-positive refugees. The United States has a great capacity to protect and support asylum seekers and refugees, maybe more than any other nation. President Biden must stop creating barriers to protection, and instead do everything in his power to facilitate the safe relocation of all LGBTQ and HIV-positive people fleeing persecution.”

San Diego Pride Executive Director Fernando Z. López, like Morris, said “asylum is a human right and an LGBTQ issue,” noting consensual same-sex sexual relations remain criminalized in 68 countries and “people can be put to death simply for being themselves” in 10 of them.

Harris is among the U.S. officials who have publicly acknowledged violence based on sexual orientation and gender identity is one of the “root causes” of migration from Guatemala, El Salvador and Honduras.

“The United States, California and San Diego have been seen as international safe havens for LGBTQ immigrants, refugees, asylum seekers and their families seeking refuge from war, political violence, climate disaster and targeted anti-LGBTQ attacks,” López told the Blade. “The longer any administration prevents those seeking refuge from the ability to live safely and freely in this country, as is their internationally recognized right, our LGBTQ community will continue to have to spend time and resources triaging the crisis at our border.” 

“San Diego Pride, as an organization supporting the LGBTQ community at the U.S.-Mexico border, knows our LGBTQ community needs and deserves real immigration and asylum reform, so we can fully invest in the binational and international capacity-building work we need to truly thrive,” added López. “Today’s announcement only further delays that life-saving, movement-building work.”

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The White House

Expanded global gag rule to ban US foreign aid to groups that promote ‘gender ideology’

Activists, officials say new regulation will limit access to gender-affirming care

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President Donald Trump speaks at the 2025 U.N. General Assembly. The Trump-Vance administration has expanded the global gag rule to ban U.S. foreign aid to groups that promote "gender ideology." (Screenshot via YouTube)

The Trump-Vance administration has announced it will expand the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.”

Deputy Secretary of State Christopher Landau in a memo, titled Combating Gender Ideology in Foreign Assistance, the Federal Register published on Jan. 27 notes  “previous administrations … used” U.S. foreign assistance “to fund the denial of the biological reality of sex, promoting a radical ideology that permits men to self-identify as women, indoctrinate children with radical gender ideology, and allow men to gain access to intimate single-sex spaces and activities designed for women.”

“Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being. It also threatens the wellbeing of children by encouraging them to undergo life-altering surgical and chemical interventions that carry serious risks of lifelong harms like infertility,” reads the memo. “The erasure of sex in language and policy has a corrosive impact not just on women and children but, as an attack on truth and human nature, it harms every nation. It is the purpose of this rule to prohibit the use of foreign assistance to support radical gender ideology, including by ending support for international organizations and multilateral organizations that pressure nations to embrace radical gender ideology, or otherwise promote gender ideology.”

President Donald Trump on Jan. 28, 2025, issued an executive order — Protecting Children from Chemical and Surgical Mutilation — that banned federal funding for gender-affirming care for minors.

President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.

Trump reinstated the rule during his first administration. The White House this week expanded the ban to include groups that support gender-affirming care and diversity, equity, and inclusion programs.

The expanded global gag rule will take effect on Feb. 26.

“None of the funds made available by this act or any other Act may be made available in contravention of Executive Order 14187, relating to Protecting Children From Chemical and Surgical Mutilation, or shall be used or transferred to another federal agency, board, or commission to fund any domestic or international non-governmental organization or any other program, organization, or association coordinated or operated by such non-governmental organization that either offers counseling regarding sex change surgeries, promotes sex change surgeries for any reason as an option, conducts or subsidizes sex change surgeries, promotes the use of medications or other substances to halt the onset of puberty or sexual development of minors, or otherwise promotes transgenderism,” wrote Landau in his memo.

Landau wrote the State Department “does not believe taxpayer dollars should support sex-rejecting procedures, directly or indirectly for individuals of any age.”

“A person’s body (including its organs, organ systems, and processes natural to human development like puberty) are either healthy or unhealthy based on whether they are operating according to their biological functions,” reads his memo. “Organs or organ systems do not become unhealthy simply because the individual may experience psychological distress relating to his or her sexed body. For this reason, removing a patient’s breasts as a treatment for breast cancer is fundamentally different from performing the same procedure solely to alleviate mental distress arising from gender dysphoria. The former procedure aims to restore bodily health and to remove cancerous tissue. In contrast, removing healthy breasts or interrupting normally occurring puberty to ‘affirm’ one’s ‘gender identity’ involves the intentional destruction of healthy biological functions.”

Landau added there “is also lack of clarity about what sex-rejecting procedures’ fundamental aims are, unlike the broad consensus about the purpose of medical treatments for conditions like appendicitis, diabetes, or severe depression.”

“These procedures lack strong evidentiary foundations, and our understanding of long-term health impacts is limited and needs to be better understood,” he wrote. “Imposing restrictions, as this rule proposes, on sex-rejecting procedures for individuals of any age is necessary for the (State) Department to protect taxpayer dollars from abuse in support of radical ideological aims.”

Landau added the State Department “has determined that applying this rule to non-military foreign assistance broadly is necessary to ensure that its foreign assistance programs do not support foreign NGOs and IOs (international organizations) that promote gender ideology, and U.S. NGOs that provide sex-rejecting procedures, and to ensure the integrity of programs such as humanitarian assistance, gender-related programs, and more, do not promote gender ideology.”

“This rule will also allow for more foreign assistance funds to support organizations that promote biological truth in their foreign assistance programs and help the (State) Department to establish new partnerships,” he wrote.

The full memo can be found here.

Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday said the expansion of the so-called global gag rule will “absolutely impact HIV services where we know we need to target services, to that there are non-stigmatizing, safe spaces for people to talk through all of their medical needs, and being trans is really important to be able to disclose to your health care provider so that you can get ARVs, so you can get PrEP in the right ways.” Roose-Snyder added the expanded ban will also impact access to gender-affirming health care, food assistance programs and humanitarian aid around the world.

“This rule is not about gender-affirming care at all,” she said during a virtual press conference the Universal Access Project organized.

“It is about really saying that if you want to take U.S. funds —   and it’s certainly not about gender-affirming care for children — it is if you want to take U.S. funds, you cannot have programs or materials or offer counseling or referrals to people who may be struggling with their gender identity,” added Roose-Snyder. “You cannot advocate to maintain your country’s own nondiscrimination laws around gender identity. It is the first place that we’ve ever seen the U.S. government define gender-affirming care, except they call it something a lot different than that.”

The Congressional Equality Caucus, the Democratic Women’s Caucus, the Congressional Hispanic Caucus, the Congressional Asian and Pacific American Caucus, and the Congressional Black Caucus also condemned the global gag rule’s expansion.

“We strongly condemn this weaponization of U.S. foreign assistance to undermine human rights and global health,” said the caucuses in a statement. “We will not rest until we ensure that our foreign aid dollars can never be used as a weapon against women, people of color, or LGBTQI+ people ever again.”

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Iran

Two gay men face deportation to Iran

Homosexuality remains punishable by death in country

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(Image by Micha Klootwijk/Bigstock)

Advocacy groups are demanding the Trump-Vance administration not to deport two gay men to Iran.

MS Now on Jan. 23 reported the two men are among the 40 Iranian nationals who the White House plans to deport.

Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.

The Washington Blade earlier this month reported LGBTQ Iranians have joined anti-government protests that broke out across the country on Dec. 28. Human rights groups say the Iranian government has killed thousands of people since the demonstrations began.

Rebekah Wolf of the American Immigration Council, which represents the two men, told MS Now her clients were scheduled to be on a deportation flight on Jan. 25. A Human Rights Campaign spokesperson on Tuesday told the Blade that one of the men “was able to obtain a temporary stay of removal from the” 10th U.S. Circuit Court of Appeals, and the other “is facing delayed deportation as the result of a measles outbreak at the facility where they’re being held.”

“My (organization, the American Immigration Council) represents those two gay men,” said American Immigration Council Senior Fellow Aaron Reichlin-Melnick in a Jan. 23 post on his Bluesky account. “They had been arrested on charges of sodomy by Iranian moral police, and fled the country seeking asylum. They face the death penalty if returned, yet the Trump (administration) denied their asylum claims in a kangaroo court process.”

“They are terrified,” added Reichlin-Melnick.

My org @immcouncil.org represents those two gay men. They had been arrested on charges of sodomy by Iranian moral police, and fled the country seeking asylum. They face the death penalty if returned, yet the Trump admin denied their asylum claims in a kangaroo court process.

They are terrified.

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— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) January 23, 2026 at 8:26 AM

Reichlin-Melnick in a second Bluesky post said “deporting people to Iran right now, as body bags line the street, is an immoral, inhumane, and unjust act.”

“That ICE is still considering carrying out the flight this weekend is a sign of an agency and an administration totally divorced from basic human rights,” he added.

Deporting people to Iran right now, as body bags line the street, is an immoral, inhumane, and unjust act. That ICE is still considering carrying out the flight this weekend is a sign of an agency and an administration totally divorced from basic human rights. www.ms.now/news/trump-d…

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— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) January 23, 2026 at 8:27 AM

HRC Vice President of Government Affairs David Stacy in a statement to the Blade noted Iran “is one of 12 nations that still execute queer people, and we continue to fear for their safety.” Stacy also referenced Renee Good, a 37-year-old lesbian woman who a U.S. Immigration and Customs Enforcement agent shot and killed in Minneapolis on Jan. 7, and Andry Hernández Romero, a gay Venezuelan asylum seeker who the Trump-Vance administration “forcibly disappeared” to El Salvador last year.

“This out-of-control administration continues to target immigrants and terrorize our communities,” said Stacy. “That same cruelty murdered Renee Nicole Good and imprisoned Andry Hernández Romero. We stand with the American Immigration Council and demand that these men receive the due process they deserve. Congress must refuse to fund this outrage and stand against the administration’s shameless dismissal of our constitutional rights.” 

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The White House

Trump-Vance administration ‘has dismantled’ US foreign policy infrastructure

Current White House took office on Jan. 20, 2025

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President Donald Trump took office on Jan. 20, 2025. (Public domain photo courtesy of the White House's X page)

Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights, on the eve of the first anniversary of the Trump-Vance administration said its foreign policy has “hurt people” around the world.

“The changes that they are making will take a long time to overturn and recover from,” she said on Jan. 14 during a virtual press conference the Alliance for Diplomacy and Justice, a group she co-founded, co-organized.

Amnesty International USA National Director of Government Relations and Advocacy Amanda Klasing, Human Rights Watch Deputy Washington Director Nicole Widdersheim, Human Rights First President Uzra Zeya, PEN America’s Jonathan Friedman, and Center for Reproductive Rights Senior Federal Policy Council Liz McCaman Taylor also participated in the press conference.

The Trump-Vance administration took office on Jan. 20, 2025.

The White House proceeded to dismantle the U.S. Agency for International Development, which funded LGBTQ and intersex rights organizations around the world.

Thousands of people on Feb. 5, 2025, gathered outside the U.S. Capitol to protest the Trump-Vance administration’s efforts to dismantle the U.S. Agency for International Development. (Courtesy photo)

Secretary of State Marco Rubio last March announced the State Department would administer the 17 percent of USAID contracts that had not been cancelled. Rubio issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the U.S. foreign aid freeze the White House announced shortly after it took office.

The global LGBTQ and intersex rights movement has lost more than an estimated $50 million in funding because of the cuts. The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down.

Stern noted the State Department “has dismantled key parts of foreign policy infrastructure that enabled the United States to support democracy and human rights abroad” and its Bureau of Democracy, Human Rights, and Labor “has effectively been dismantled.” She also pointed out her former position and others — the Special Representative for Racial Equity and Justice, the Ambassador-at-Large for Global Women’s Issues, and the Ambassador-at-Large for Global Criminal Justice — “have all been eliminated.”

President Donald Trump on Jan. 7 issued a memorandum that said the U.S. will withdraw from the U.N. Entity for Gender Equality and the Empowerment of Women and more than 60 other U.N. and international entities.

Rubio in a Jan. 10 Substack post said UN Women failed “to define what a woman is.”

“At a time when we desperately need to support women — all women — this is yet another example of the weaponization of transgender people by the Trump administration,” said Stern.

US ‘conducting enforced disappearances’

The Jan. 14 press conference took place a week after a U.S. Immigration and Customs Enforcement agent killed Renee Good, a 37-year-old woman who left behind her wife and three children, in Minneapolis. American forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation. Trump also continues to insist the U.S. needs to gain control of Greenland.

Colombians protest against U.S. President Donald Trump in Plaza Bolívar in Bogotá, Colombia, on Jan. 7, 2026. (Washington Blade photo by Michael K. Lavers)

Widdersheim during the press conference noted the Trump-Vance administration last March sent 252 Venezuelans to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

One of them, Andry Hernández Romero, is a gay asylum seeker who the White House claimed was a member of Tren de Aragua, a Venezuelan gang the Trump-Vance administration has designated as an “international terrorist organization.” Hernández upon his return to Venezuela last July said he suffered physical, sexual, and psychological abuse while at CECOT.

“In 2025 … the United States is conducting enforced disappearances,” said Widdersheim.

Zeya, who was Under Secretary of State for Civilian Security, Democracy, and Human Rights from 2021-2025, in response to the Blade’s question during the press conference said her group and other advocacy organizations have “got to keep doubling down in defense of the rule of law, to hold this administration to account.”

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