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White House rule would require asylum seekers to seek protection in 3rd country

Immigration Equality sharply criticized Biden-Harris administration proposal

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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)

Groups that advocate on behalf of LGBTQ and intersex immigrants have sharply criticized the Biden-Harris administration over its plans to prohibit people from asking for asylum at the Southern border if they don’t seek protection in a country through which they passed.

“The proposed rule would encourage migrants to avail themselves of lawful, safe and orderly pathways into the United States, or otherwise to seek asylum or other protection in countries through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain,” reads the proposed rule the White House announced on Tuesday. “It would do so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel.”

The Associated Press notes the proposed rule must go through a 30-day public comment period before it can take effect. The regulation would remain in place for two years if the administration implements it.

ā€œThe presidentā€™s proposed rule will deny asylum to thousands of otherwise eligible refugees, many of whom will be LGBTQ people,” said Immigration Equality Executive Director Aaron C. Morris in a press release his organization released on Wednesday. “The rule puts into place impossible hurdles that people fleeing persecution will never be able to overcome. Additionally, a requirement that LGBTQ people apply for asylum in other countries before coming to the U.S. is misguided and blatantly contrary to federal law. Many common transit countries are extremely dangerous for LGBTQ asylum seekers, who face brutal violence, sexual assault, and murder as they flee to the U.S. for safety.”

Erin Argueta, senior lead attorney for the Southern Poverty Law Center’s Southeast Immigrant Freedom Initiative, in a statement said it is “beyond disappointing that the Biden administration is moving forward with an anti-asylum policy that is copied from the cruel transit ban issued by the Trump administration.” 

“The Biden administration should not continue putting obstacles in the way of people fleeing danger and seeking safety in the United States, which will only increase harm,” said Argueta. “Instead, this administration should be strengthening the legal right to seek asylum at the U.S. border, not proposing an unworkable alternative that will only increase harm.”

The White House last month announced the expansion of the use of “expedited removal” of Cubans, Nicaraguans, Haitians and Venezuelans who enter the U.S. from Mexico without legal authorization. The Biden-Harris administration also created a humanitarian parole program for Cubans, Haitians and Nicaraguans that combines ā€œsafe, orderly and lawful pathways to the United States, including authorization to work, with significant consequences for those who fail to use those pathways.ā€

The U.S., as part of the aforementioned announcement, launched a U.S. Customs and Border Protection app that allows Cubans, Haitians and Nicaraguans to “seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for temporary grant of parole for up to two years, including employment authorization” if they pass security screenings and someone in the U.S. sponsors them. The Biden administration also allows up to 30,000 “qualifying nationals” from Cuba, Nicaragua, Haiti and Venezuela to live and work in the U.S. for up to two years.

The rule the White House has proposed would require most asylum seekers to use the app to schedule an initial appointment at a port of entry.

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, took effect in March 2020. 

It is expected to end in May when the COVID-19 public health emergency ends. The Associated Press reported the proposed rule the Biden administration announced on Tuesday would take effect at that time.

“The president must undo his predecessorā€™s anti-asylum policies, not expand on them. LGBTQ asylum seekers deserve a system that is equitable and accessible,” said Morris. “Their lives depend on it. The rule as proposed will almost certainly result in the senseless death of LGBTQ refugees, most of whom would otherwise find safety through asylum in the United States.ā€

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The White House

Trump bars trans women and girls from sports

The administration reversed course on the Biden-Harris policy on Title IX

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump on Wednesday issued another executive order taking aim at the transgender community, this time focusing on eligibility for sports participation.

In a signing ceremony for ā€œKeeping Men Out of Womenā€™s Sports” in the East Room of the White House, the president proclaimed “With this executive order, the war on womenā€™s sports is over.”

Despite the insistence by Trump and Republicans that trans women and girls have a biological advantage in sports over cisgender women and girls, the research has been inconclusive, at best.

A study in the peer reviewed Sports Medicine journal found ā€œno direct or consistent researchā€ pointing to this conclusion. A different review in 2023 found that post-pubertal differences are ā€œreduced, if not erased, over time by gender affirming hormone therapy.ā€

Other critics of efforts to exclude trans student athletes have pointed to the small number of people who are impacted. Charlie Baker, president of the National Collegiate Athletic Association, testified last year that fewer than 10 of the NCAA’s 522,000+ student athletes identify as trans.

The Trump-Vance administration has reversed course from the Biden-Harris administration’s policy on Title IX rules barring sex-based discrimination.

ā€œIf youā€™re going to have womenā€™s sports, if youā€™re going to provide opportunities for women, then they have to be equally safe, equally fair, and equally private opportunities, and so that means that youā€™re going to preserve womenā€™s sports for women,” a White House official said prior to the issuance of the order.

Former President Joe Biden’s Title IX rules, which went into effect last year, clarified that pursuant to the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), sex-based discrimination includes that which is based on the victim’s sexual orientation or gender identity.

The White House official indicated that the administration will consider additional guidance, regulations, and interpretations of Title IX, as well as exploring options to handle noncompliance by threatening federal funding for schools and education programs.

White House Press Secretary Karoline Leavitt told reporters that Trump ā€œdoes expect the Olympic Committee and the NCAA to no longer allow men to compete in womenā€™s sports.ā€

One of the first legislative moves by the new Congress last month was House Republicans’ passage of the “Protection of Women and Girls in Sports Act,” which would ban trans women and girls from participating in competitive athletics.

The bill is now before the U.S. Senate, where Republicans have a three-seat majority but would need 60 votes to overcome the filibuster.

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Trump signs order to restrict gender-affirming health care for minors

HRC and Congressional Equality Caucus denounced the move

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump on Tuesday signed an executive order barring gender-affirming health care for minors, the latest action by the newly seated administration that takes aim at the rights and protections of transgender Americans.

The executive order, which prohibits the federal government from engaging in activities to “fund, sponsor, promote, assist, or support” trans medicine for patients younger than 19, is based on arguments that these treatments lead to financial hardship and regret later in life.

In reality, scientific and medical organizations publish and maintain clinical practice guidelines on gender-affirming care that are based on hundreds of peer reviewed studies assessing the relative risks and benefits associated with each intervention.

ā€œEveryone deserves the freedom to make deeply personal health care decisions for themselves and their families ā€” no matter your income, zip code, or health coverage,ā€ said Human Rights Campaign President Kelley Robinson. ā€œThis executive order is a brazen attempt to put politicians in between people and their doctors, preventing them from accessing evidence-based health care supported by every major medical association in the country.”

Robinson added, “It is deeply unfair to play politics with peopleā€™s lives and strip transgender young people, their families, and their providers of the freedom to make necessary health care decisions. Questions about this care should be answered by doctors ā€” not politicians ā€” and decisions must rest with families, doctors, and the patient.ā€

HRC noted that in practical terms, the federal government will effectuate this policy by taking such actions as “removing coverage for gender-affirming care from federal health insurance policies, modifying requirements under the Affordable Care Act, and preventing hospitals or other medical providers who accept Medicare or Medicaid, or who receive federal funding for research or education, from providing gender-affirming care of any kind to people under the age of 19.”

ā€œThis executive order to deny young transgender people access to the evidence-based, medically-necessary and often lifesaving care they need is an attempt by Donald Trump to insert himself into doctorsā€™ offices across the country and override their medical judgment,ā€Ā said U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus.

ā€œDecisions about a young personā€™s healthcare belong with the patient, their families, and their doctors,” he added. “Politicians should not be overriding the private medical decisions of any person, period.ā€

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Trump immigration policies ‘will cost lives’

Groups that work with LGBTQ migrants, asylum seekers condemn White House EOs

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

Groups that work with LGBTQ migrants and asylum seekers have condemned the Trump-Vance administration over its immigration policies.

President Donald Trump shortly after his Jan. 20 inauguration signed several immigration-specific executive orders. They include:

ā€¢ Declaring a national emergency on the Southern border

ā€¢ Suspending the U.S. Refugee Admissions Program

ā€¢ Ending birthright citizenship under the 14th amendment. (U.S. District Judge John Coughenour, who Ronald Reagan appointed, in a Jan. 23 ruling described the directive as “blatantly unconstitutional.”)

Trump has reinstated the Migrant Protection Protocols program, also known as the “Remain in Mexico” policy that forced asylum seekers to pursue their cases in Mexico. The White House on Jan. 20 also shut down the CBP (U.S. Customs and Border Protection) One app that asylum seekers used to schedule appointments that would allow them to enter the U.S. at ports of entry.

A press release the Department of Homeland Security issued on Jan. 21 issued notes the Trump-Vance administration has ended “the broad abuse of humanitarian parole” for undocumented migrants. Immigration and Customs Enforcement and CBP agents can also make arrests in schools, churches, and other so-called “sensitive” areas.

An ICE press release notes the agency, the U.S. Marshals Service and other federal agencies on Sunday “began conducting enhanced targeted operations” in Chicago “to enforce U.S. immigration law and preserve public safety and national security by keeping potentially dangerous criminal aliens out of our communities.”

ICE on X said its agents arrested 956 people on Sunday across the country. NBC Washington reported ICE Enforcement and Removal Operations personnel on Sunday morning were at a Fairfax County apartment building, but it is not clear whether they took anyone into custody.

A second press release that ICE issued on Jan. 23 notes the arrest of an undocumented Mexican man in Houston who was wanted for the “rape of a child” in Veracruz, Mexico. Mexican authorities took him into custody after ICE officials returned him to his country of origin.

“We now have a government that cannot manage even a simple crisis at home while, at the same time, stumbling into a continuing catalogue of catastrophic events abroad,” said Trump in his inaugural address.
Ā 
“It fails to protect our magnificent, law-abiding American citizens, but provides sanctuary and protection for dangerous criminals, many from prisons and mental institutions, that have illegally entered our country from all over the world,” he added.

Immigration Equality Executive Director Aaron C. Morris on Jan. 22 said Trump’s “agenda to detain, deport, and dehumanize people is an affront to fundamental American values.”

“The executive orders will cost lives, separate families, and trap queer people in extreme danger,” he said. “They are an overt, illegal power grab with mortal consequences for LGBTQ people seeking safety in the United States.”

Then-Vice President Kamala Harris and others in the previous administration acknowledged violence based on sexual orientation and gender identity is among the “root causes” of migration from the Central American countries of Guatemala, El Salvador, and Honduras. (Morris is among the activists who sharply criticized the Biden-Harris administration over policies they said restricted LGBTQ people and people with HIV from seeking asylum in the U.S.)

“The Trump administration’s recent executive orders targeting asylum seekers, refugees, and immigrants while escalating attacks on the LGBTIQ community are unethical, un-American, and jeopardize countless lives,” Organization for Refuge, Asylum and Migration Executive Director Steve Roth told the Washington Blade in a statement. “By barring asylum and suspending refugee programs, these policies strip away fundamental human rights and protections, directly threatening LGBTIQ refugees who already endure persecution, xenophobia, homophobia, transphobia, and systematic inequality.”

Familia: TQLM, an organization that advocates on behalf of transgender and gender non-conforming immigrants, was even more pointed in a statement it posted to its Facebook page shortly after Trump’s inauguration.

“On Jan. 20, we resist,” said Familia: TQLM. “This is not a day to give into fear, but a day to reclaim our power.”

“Trans and queer immigrant people have endured through regimes that sought to erase, silence, and destroy us,” it added. “Yet, we remain.”

Casa Frida, which works with LGBTQ migrants and asylum seekers in Mexico City, in a Jan. 20 post to its X account said it will continue to work with the aforementioned groups with the support of local officials.

“We are preparing ourselves to continue working with love and solidarity in favor of LGBTIQ communities, migrants and displaced people,” said Casa Frida. “Our programs are reorganized and coordinated with local governments with pride, dignity and without fear or shame of who we are.”

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