The White House
Advocacy groups condemn Biden immigration executive order
Directive ‘catastrophic’ for LGBTQ asylum seekers
President Joe Biden on Tuesday issued an executive order that prohibits migrants from asking for asylum in the U.S. if they “unlawfully” cross the Southern border.
Senior administration officials on Tuesday told reporters before Biden announced the directive that it will take effect “when high levels of encounters at the Southern border exceed our ability to deliver timely consequences, as is the case today.” The Associated Press reported this figure is 2,500 “border encounters between ports of entry” a day.
“Today, I’m announcing actions to bar migrants who cross our Southern border unlawfully from receiving asylum,” said Biden at the White House. “Migrants will be restricted from receiving asylum at our southern border unless they seek it after entering through an established lawful process.”
Homeland Security Secretary Alejandro Mayorkas, U.S. Sen. Mark Kelly (D-Ariz.), New Mexico Gov. Michelle Lujan Grisham, New York Gov. Kathy Hochul, U.S. Reps. Jim Costa (D-Calif.), Marc Veasey (D-Texas), Salud Carbajal (D-Calif.), Mike Levin (D-Calif.), Greg Stanton (D-Ariz.), and Tom Suozzi (D-N.Y.) joined Biden at the White House alongside San Antonio Mayor Ron Nirenberg, El Paso (Texas) Mayor Oscar Leeser, Edinberg (Texas) Mayor Ramiro Garza, Harlingen (Texas) Mayor Norma Sepulveda, Laredo (Texas) Victor Treviño, Brownsville (Texas) Mayor John Cowen, Bexar County (Texas) Sheriff Javier Salazar, and Santa Cruz County (Ariz.) Supervisor Manuel Ruiz.
El Paso, Edinberg, Harlingen, Laredo, Brownsville, and Santa Cruz County border Mexico.
U.S. Sens. Kyrsten Sinema (I-Ariz.), Chris Murphy (D-Conn.) and James Lankford (R-Okla.) in February unveiled an immigration overhaul bill they described as “the strongest border security package in decades to reassert control of the border, end catch and release, enhance security, fix the asylum system, and support border communities.” Senate Republicans blocked the measure.
“I’m moving past Republican obstruction and using the executive authorities available to me as president to do what I can on my own to address the border,” said Biden.
“Frankly, I would have preferred to address this issue through bipartisan legislation, because that’s the only way to actually get the kind of system we have now — that’s broken — fixed, to hire more Border Patrol agents, more asylum officers, more judges,” he added. “But Republicans have left me with no choice.”
Biden stressed migrants who “come to the United States legally … by making an appointment and coming to a port of entry” will still be able to ask for asylum.
“If an individual chooses not to use our legal pathways, if they choose to come without permission and against the law, they’ll be restricted from receiving asylum and staying in the United States,” he said.
“This action will help us to gain control of our border, restore order to the process,” Biden added.
Biden further stressed the ban “will remain in place until the number of people trying to enter illegally is reduced to a level that our system can effectively manage.”
U.S. Sen. Alex Padilla (D-Calif.) in a statement sharply criticized the executive order.
“By reviving Trump’s asylum ban, President Biden has undermined American values and abandoned our nation’s obligations to provide people fleeing persecution, violence, and authoritarianism with an opportunity to seek refuge in the U.S.,” said the California Democrat.
The Council for Global Equality said the executive order is “catastrophic for LGBTQI+ asylum seekers and other asylum seekers from vulnerable populations — and it’s highly unlikely to help move the electoral needle.” Immigration Equality Director of Law and Policy Bridget Crawford reiterated this point.
“President Biden is playing craven political games with the lives of refugees, including LGBTQ people fleeing persecution, instead of implementing workable solutions,” she said.
The Organization for Refuge, Asylum and Migration works with LGBTQ migrants and asylum seekers in Tijuana, Mexicali and other Mexican cities that border the U.S.
ORAM Executive Director Steve Roth in a statement to the Washington Blade said the executive order will harm “LGBTIQ asylum seekers and other vulnerable individuals seeking refuge from persecution.” He also said the directive “will put more LGBTIQ asylum seekers in harm’s way in dangerous Mexican border towns and puts added pressure on refugee-serving organizations throughout Mexico.”
The State Department currently advises Americans not to travel to Mexico’s Tamaulipas state, which borders Texas, because of “crime and kidnapping.” It also recommends Americans to reconsider travel to the country’s Baja California, Sonora, and Chihuahua states that border California, Arizona, New Mexico, and Texas respectively.
“President Biden’s unlawful policy flies in the face of U.S. refugee law and removes the critical protections and paths to safety of these asylum seekers, leaving them vulnerable and with no resources,” Roth told the Blade.
Los Angeles LGBT Center Chief Impact Officer Terra Russell-Slavin noted Biden issued the executive director days after he issued a Pride Month proclamation. Russell-Slavin, like other activists, also referenced the previous administration’s policies they said harmed LGBTQ migrants and asylums seekers.
“The Biden administration cannot have it both ways: They cannot ‘celebrate’ Pride Month while turning their backs on LGBTQ+ individuals who are seeking the rights our movement is based on,” said Russell-Slavin. “We strongly condemn this executive order, and urge the president to immediately reverse this harmful action.”
The White House
White House press secretary defends administration’s LGBTQ-inclusive Title IX policy
New nondiscrimination rules took effect last week
During a briefing with reporters on Wednesday, White House Press Secretary Karine Jean-Pierre defended the Biden-Harris administration’s expansion of Title IX to prohibit discrimination on the basis of sexual orientation and gender identity.
Changes to the rules came pursuant to the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which held that LGBTQ employees are legally protected from sex-based discrimination under the Civil Rights Act of 1964.
The new policy, which took effect last week, also revokes Trump-era rules governing how schools must respond to allegations of sexual assault, which were widely considered imbalanced in ways favoring those accused of sex crimes.
Asked to respond to conservatives who warn the policy will harm women and girls, including the Republican state attorneys general who have filed legal challenges and the GOP governors who have vowed to disregard the new rules, Jean-Pierre began by stipulating that “there’s still ongoing litigation, so I would have to refer you to DOJ.”
“More broadly,” she said, “every student deserves the right to feel safe. Every student deserves the right to feel safe in schools. That’s what the rule is all about: Strengthening and restoring vital protections that the previous administration took away.”
“Ending violence against women and girls has been a priority” for President Joe Biden not just during his tenure in the White House but also throughout his decades-long career in the U.S. Senate, the press secretary added.
“This is an important step in an ongoing work to end campus sexual assault,” Jean-Pierre said. “That’s what we want to see. And I cannot speak any further to the litigation.”
The White House
Jill and Ashley Biden headline White House Pride celebration
First lady celebrated historic pardons of LGBTQ veterans
First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.
“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”
She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”
“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.
Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”
The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”
“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know — but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”
“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.
She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.
The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.
“We will never stop fighting for this community,” she said.
The White House
HISTORIC: Biden pardons discharged LGBTQ veterans
Move will facilitate access to benefits they were denied
President Joe Biden on Wednesday issued historic pardons for military service members who were discharged over their sexual orientation or gender identity under discriminatory policies of the past, like “Don’t Ask, Don’t Tell.”
“Our nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” he said in a statement. “Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity.”
“Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades,” the president said.
“As commander-in-chief, I am committed to maintaining the finest fighting force in the world. That means making sure that every member of our military is safe and respected — so they can focus on their mission,” he said.
“This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation,” Biden said. “We have a sacred obligation to all of our service members — including our brave LGBTQI+ service members: To properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home.”
“Today we are making progress in that pursuit.”
The president also issued a Proclamation on Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice, which specifies that “The Military Departments (Army, Navy, or Air Force), or in the case of the Coast Guard, the Department of Homeland Security, in conjunction with the Department of Justice, shall provide information about and publicize application procedures for certificates of pardon.”
Veterans who were discharged for their sexual orientation or gender identity are barred from accessing benefits through the U.S. Department of Veterans Affairs.
Senior administration officials explained during a call with reporters on Tuesday that veterans who obtain certificates of pardon will be able to petition for a change in their discharge status, which can facilitate their access to benefits.
Officials on Tuesday’s call said they will proactively reach out to these service members to make them aware of the president’s clemency action and to connect them with pro-bono attorneys who can help them navigate the process.
“We intend, and have intended, to design this process in a way where people do not need attorneys to go through it, and we think it is easily accessible, but we also recognize that for some people, that would be beneficial, and so are busy at work trying to make those connections happen,” an official said.
The officials did not address a question from the Washington Blade about whether LGBTQ groups including those representing LGBTQ veterans were involved in the administration’s work leading up to the president’s issuance of the pardons, but several organizations celebrated the announcement on Wednesday.
“We applaud President Biden for taking action today, and the Biden-Harris Administration’s efforts to address this historic injustice that impacted thousands of LGBTQ+ people in the military for decades, with the effects still felt by many to this day,” said Human Rights Campaign President Kelley Robinson.
“This move to rightfully restore reputations lost and gratitude owed to service members who were punished for who they loved is long overdue, and a significant step in the right direction,” she said.
GLAAD President Sarah Kate Ellis wrote on social media, “Today’s move by President Biden to pardon LGBTQ service members who were unfairly forced out of the military under the discriminatory ‘Don’t Ask, Don’t Tell’ is his administration’s 343rd pro-LGBTQ action. It is an important signal not only to the thousands of brave LGBTQ Americans who deserved better for defending our country but to all who understand that diversity, respect, and inclusion are American values.”
The Congressional Equality Caucus released a statement from the chair, U.S. Rep. Mark Pocan (D-Wis.): “I thank President Biden for taking this important step to right the wrongs of the past and restore honor to LGBTQI+ Americans who bravely served their nation in uniform.”
“This is an important step forward in addressing the wrongs of anti-equality policies like ‘Don’t Ask, Don’t Tell,’ and I urge the Military Departments to ensure these pardons are processed as swiftly as possible,” the congressman said. “I am committed to building upon this important action, including by passing my Restore Honor to Service Members Act into law to ensure that the service and sacrifice of every veteran is honored, regardless of who they are or who they love.”
“PFLAG families have advocated for the dignity and respect due our LGBTQ+ heroes in uniform since the dark days of ‘Don’t Ask, Don’t Tell,’ and the shadow discharges that predated that discriminatory policy,” said PFLAG National CEO Brian K. Bond.
“As someone who worked on repeal during the Obama-Biden administration I met incredible patriots that just wanted to serve their country,” he said. “Thank you to the Biden-Harris administration and those who continue to fight for military families’ freedom to serve. This welcomed day is long overdue for thousands of LGBTQ+ veterans and their families.”
Lawyers for a group of LGBTQ veterans who are plaintiffs in Farrell v. Department of Defense also released a statement:
“We applaud President Biden and his administration for today’s announcement pardoning approximately 2,000 LGBTQ+ veterans who were court-martialed under ‘Don’t Ask, Don’t Tell’ and similar policies. This is a necessary and important step in recognizing and remediating the harms — that still exist today — caused by these policies, despite their repeals.
“While the pardons represent an important milestone, we must emphasize that there is still critical work to be done. Those pardoned will still need to obtain new discharge papers from the Department of Defense, which are essential for accurately reflecting their service and accessing veterans’ benefits. And, of course, there are tens of thousands of other veterans who continue to suffer the ongoing stigma of their discriminatory discharge.
“We will continue to vigorously litigate our case, Farrell v. Department of Defense, to ensure that all LGBTQ+ veterans who were wrongfully discharged from the military based on sexual orientation receive upgraded discharge papers with all indicators of sexual orientation removed. This remains a critical step for these veterans to receive the honor and status they rightfully deserve, having served our country with dignity and integrity.”
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