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Title 42 to end Thursday

Activists sharply criticize new U.S. asylum rules

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Posters criticizing the Biden-Harris administration's immigration policy appeared in Dupont Circle on May 10, 2023. (Washington Blade photo by Michael K. Lavers)

A rule that closed the Southern border to most asylum seekers and migrants because of the COVID-19 pandemic will expire on Thursday at 11:59 p.m. ET.

The Centers for Disease Control and Prevention in March 2020 implemented Title 42.

The Biden-Harris administration in April 2022 announced it would terminate the previous White House’s policy, but Republican attorneys general from Texas and more than a dozen other states filed a federal lawsuit.

The U.S. Supreme Court last December ruled Title 42 must remain in place. The Biden-Harris administration a few weeks later announced the COVID-19 public health emergency — and Title 42 — would end on Thursday. 

“Title 42 exacerbated already dangerous and often deadly situations for LGBTQI people seeking asylum,” San Diego Pride Executive Director Fernando Z. López told the Washington Blade on Tuesday. “It’s tenure caused additional strain on direct services, legal aid and community organizing resources that were felt on both sides of our cross-border region.”

Abdiel Echevarría-Caban, a South Texas-based immigration attorney who the LGBTQ+ Bar in 2021 recognized as one of its 40 best LGBTQ lawyers who are under 40, on Tuesday said Title 42 “needed to end a long time ago, given the country was open to accept travelers through all our airports.”

“It did not make sense to keep enforcing the policy when we have public health safety protocols in place already,” he said. “The use of a public health mechanism to deter asylum seekers at the Southwest border from seeking protection was barbaric, wrong and a misuse of public policy.” 

Echevarría-Caban further detailed the impact Title 42 had on LGBTQ and intersex people and other asylum seekers from vulnerable groups that he and other lawyers represented.

“Here, at the Southwest border, we had to request exemptions for people, especially women, children and LGBTQIA people, who were sent back to Mexico, and were exposed to further danger at the streets in Mexico, exposed to cartel violence, extortions, kidnapping and rape,” he said. “Here, in the United States, we have obligations under the Convention Against Torture. The United States was an active party in the development of our current international human rights and refugees system.”

Abdiel Echevarría-Caban, right, talks with Organización Pro Unión Ceibeña (Oprouce) Executive Director Sasha Rodríguez at her organization’s office in La Ceiba, Honduras, on July 20, 2021. (Washington Blade photo by Michael K. Lavers)

The Associated Press notes the U.S. on Thursday will begin to deny asylum to migrants who don’t seek protection in a country through which they traveled or apply online before they reach the Southern border.

The Department of Homeland Security last fall created a humanitarian parole program for Venezuelans that it expanded to Cubans, Haitians and Nicaraguans in January.

A senior administration official on Tuesday said the Biden-Harris administration plans to “expand the family reunification parole programs” to Central American countries that include Guatemala, El Salvador and Honduras and to Colombia.

Secretary of State Antony Blinken and Homeland Security Secretary Alejandro Mayorkas, who was born in Cuba, on April 27 announced the U.S. will open more than 100 “regional processing centers” throughout the Americas. A senior administration official on Tuesday said they “will facilitate a broad range of legal pathways, lawful pathways to the United States and eventually Canada and Spain as well.”

“Again, our goal is to add these centers to the set of legal pathways that already exist and that the administration has rolled out over the last two years,” said the official.

Another senior administration official said the U.S. has “a robust set of consequences for noncitizens who, despite having these options available to them, continue to cross unlawfully at the border.” 

They said the U.S. on Thursday will begin to return them to Mexico under Title 8 after it reached an agreement with Mexican President Andrés Manuel López Obrador’s government. (Mexican prosecutors have announced they will charge the director of the country’s National Immigration Institute after a fire at an immigration detention center in Ciudad Juárez, a border city that is across the Rio Grande from El Paso, Texas, killed 40 migrants on March 27. The Associated Press reported a security camera inside the facility recorded two guards who did not try to help the migrants who were inside the cell in which the fire began. The guards, according to the Associated Press, eventually walked away.)

“It also includes the circumvention of lawful pathways rule that we will be posting for public inspection tomorrow (Thursday) morning, and that rule will place significant conditions on asylum eligibility for individuals who do not take advantage of these robust lawful pathways that we have established, who do not schedule their safe and orderly presentation at the border using our CBP One mobile application, and who do not claim asylum in one of the countries that they travel through,” said the official. 

The official further noted the U.S. will begin “significantly expanding … our use of expedited removal at the border.”

“This is our traditional Title 8 consequence for individuals who are encountered between ports of entry,” said the official.

TransLatin@ Coalition President Bamby Salcedo on Wednesday told the Blade it is “unfortunate that instead of moving forward, we continue to go backwards.”

“The elimination of Title 42 will impact all of us, but specifically LGBTQ asylum seekers,” said Salcedo. “It is incomprehensible that this administration is taking this step. It’s about moving forward and bettering the lives of people, not taking away the gains that we have earned with hard work, blood and tears.”

Immigration Equality Legal Director Bridget Crawford in a statement also sharply criticized the Biden-Harris administration over its new rules for asylum seekers and migrants once Title 42 ends.

“We are astonished by the administration’s callous disregard of the dangers President Biden’s asylum ban imposes on LGBTQ refugees. In the final rule — scheduled to go into effect once the Title 42 policy is lifted — the administration doesn’t meaningfully address or fix problems with the ban we identified in the notice and comment process. Instead, using circular logic, the administration dismisses our concerns, and doubles down on the illegal implementation of the ban,” said Crawford. 

“This ban is a travesty that will cause LGBTQ refugees (and others) with strong, meritorious asylum claims to be sent back to countries where they will be persecuted or killed,” added Crawford. “By implementing this ban, instead of humane solutions that would effectively and compassionately manage the border, President Biden has broken his promise to protect LGBTQ asylum seekers and refugees.”

The Organization for Refuge, Asylum and Migration works with Jardín de las Mariposas, a shelter for LGBTQ and intersex migrants in the Mexican border city of Tijuana.

ORAM Executive Director Steve Roth on Wednesday said even though his organization “is glad to see an end to Title 42, an unlawful, Trump-era policy, we are deeply concerned about the new barriers to asylum put forward by the Biden administration.” 

“President Biden’s restrictions on asylum will have especially harmful and dangerous consequences for vulnerable LGBTIQ refugees and asylum seekers, leaving them in places where their safety will be at risk,” said Roth. “The administration’s new border policies will continue to deny many LGBTIQ refugees their legal right to seek asylum at the U.S.-Mexico border.”

Echevarría-Caban said the new policies will “pose more obstacles, and contrary to what is expected, it will increase the immigration court backlogs.”

“Our government needs to understand that we cannot use domestic law to weaponize immigration proceedings to avoid compliance with our international obligations or due process,” he told the Blade. “Due process is the core of our legal system, without it, who are we as a nation?”

Vice President Kamala Harris is among the administration officials who have publicly acknowledged violence based on gender identity and sexual orientation is among the factors that prompt LGBTQ and intersex people to leave Guatemala and other Central American countries.

Sources in Tijuana, Ciudad Juárez and other Mexican border cities this week have told the Blade that tens of thousands of migrants have arrived in their respective cities before Title 42 ends. It is not clear how many of them identify as LGBTQ or intersex, but violence in these cities remains commonplace. (The State Department currently advises U.S. citizens not to travel to the Mexico’s Tamaulipas state in which the border cities of Matamoros and Reynosa are located because of “crime and kidnapping.” The State Department also advises U.S. citizens to reconsider travel to Mexico’s Baja California, Sonora and Chihuahua states — which border California, Arizona, New Mexico and Texas respectively — because of “crime and kidnapping.”)

El Paso, Texas, and Ciudad Juárez, Mexico, on July 15, 2019. (Washington Blade photo by Michael K. Lavers)

Paloma de los Ángeles Villegas Pacheco, director of Trans Igualdad, a transgender rights organization in Ciudad Juárez, on Tuesday told the Blade there “is disinformation” among LGBTQ and intersex migrants who are in the city.

“They think that they are going to be able to access the legal asylum process,” said Villegas. “It will be more difficult for them to enter (the U.S.) once Article 42 ends. The impact will be worse for them.”

Altagracia Tamayo is president of Centro Comunitario de Bienestar Social (COBINA), a group that works with LGBTQ and intersex people and other vulnerable groups in Mexicali, a Mexican border city that borders Calexico, Calif., in California’s Imperial Valley.

Tamayo said roughly a quarter of the 600 migrants who are currently living in the two shelters that COBINA operates are LGBTQ. Tamayo, like Villegas, told the Blade there is “uncertainly” around the end of Title 42.

“The problem is that they think they are going to open the borders … they think they are going to receive them,” said Tamayo. “Article 8 is going to impose many, many restrictions.”

A fire destroyed a COBINA shelter in July 2021. Tamayo told the Blade her organization struggles to support the migrants who live in COBINA’s two remaining shelters.

“The heat is coming,” she said. (Summer temperatures in Mexicali frequently exceed 110°F) “We don’t have enough food to give them three meals a day. It is one of the problems of so much waiting, for so many months. It’s definitely very complicated.”

Mayorkas ‘clear-eyed’ about post-Title 42 challenges

Mayorkas on Wednesday during a press conference in D.C. said his agency is “clear-eyed about the challenges that we are likely to face in the days and weeks ahead, which have the potential to be very difficult.”

“Even after nearly two years of preparation, we expect to see large numbers of encounters at our Southern border in the days and weeks after May 11,” he said.

Mayorkas, nevertheless, stressed the end of Title 42 “does not mean our border is open.” He also reiterated the Biden-Harris administration’s immigration policy.

“We will once again process people at our Southern border using our immigration authorities under Title 8 of the United States code,” said Mayorkas. “Our overall approach is to build lawful pathways for people to come to the United States and to impose tougher consequences on those who chose not to use those pathways.”

“We are taking this approach within the constraints of a broken immigration system that Congress has not fixed for more than two decades and without the resources we need, personnel, facilities, transportation and others that we have requested of Congress and that we were not given,” he added.

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The White House

‘Trump Rx’ plan includes sharp cuts to HIV drug prices

President made announcement on Friday

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President Donald Trump during his meeting on lowering drug prices through TrumpRx. (Washington Blade photo by Joe Reberkenny)

President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.

During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.

“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”

Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”

“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.

Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.

Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.

Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.

Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.

These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”

Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.

“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”

Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.

“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.

“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.

Trump interjected, asking, “And that’s working well with HIV?”

“Yes,” O’Day replied.

“It’s a big event,” Trump said.

“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.

A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.

Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.

According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.

The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.

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EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine

Trans former assistant health secretary’s name changed on official portrait

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Adm. Rachel Levine (Washington Blade photo by Michael Key)

Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.

The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.

Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.

According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.

Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.

“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”

“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”

The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.

The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

The Washington Blade reached out to HHS, but has not received any comment.

The lawsuit and four FOIA requests are below:

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Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming

It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.

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Protesters march in defiance of the changes to the Kennedy Center following Trump's takeover in March. (Washington Blade Photo by Michael Key)

The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.

White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”

Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.

“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.

Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.

Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.

Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”

In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.

He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.

Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.

“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.

For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.

In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.

That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.

As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.

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