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House races could decide Department of Education’s future

Second Trump administration could target transgender students

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The Lyndon Baines Johnson Building, Washington D.C., headquarters of the U.S. Department of Education (Photo Credit: GSA/U.S. Dept. of Education)

The Associated Press reports that more than a dozen races for seats in the U.S. House of Representatives, including 10 for congressional districts in California, remain too close to call as of Tuesday — a full week after voters cast their ballots on Nov. 5.

Democrats hope that if they can flip the lower chamber, which is now governed by a narrow Republican majority, it might function as a bulwark against President-elect Donald Trump, his incoming administration, and the 53-47 majority in the U.S. Senate that his party secured last week.

If, on the other hand, the GOP retains control of the House, the Republican victory would clear a major roadblock that could otherwise have stymied a major plank of Trump’s education agenda: Plans to permanently shutter the U.S. Department of Education.

Congress ultimately scuttled the former president’s effort to do so during his first administration — though, technically, the proposal then was to merge the agency with the U.S. Department of Labor.

The Wall Street Journal notes that some Republicans, at the time and in the years since, have come out against plans to abolish the 44-year-old agency, in some cases even objecting to major funding cuts proposed by Trump that they understood were likely be unpopular.

However, if the second term plans for DOE as delineated in the Trump campaign’s Agenda47 and the Heritage Foundation’s Project 2025 governing blueprint become a major policy priority once the incoming administration takes over in January, reluctant Republican lawmakers will face tremendous pressure to get out of Trump’s way.

Federal government will remain in schools to advance anti-trans, anti-woke agenda

Among other responsibilities, DOE disburses and manages student loans, enforces the civil rights laws in public schools, and provides funding for students with disabilities. The agency’s programs, such as Title I, offer assistance for low-achieving or high-poverty K-12 schools, while Pell Grants help undergraduates who otherwise would not be able to pay for college.

It is unclear whether or how those functions will continue if the DOE is disbanded.

Trump’s aim, at least in large part, is to give states — rather than the federal government — the ultimate say over how their schools are run. At the same time, perhaps paradoxically, the other cornerstone of his education policy agenda is to issue proscriptive rules governing the content, curricula, and classroom discussion that will be permitted in the country’s public schools.

Specifically, this means “critical race theory, gender ideology or other inappropriate racial, sexual or political” topics or materials are forbidden. Reasonable people are likely to disagree about what is and is not “inappropriate,” and they may well have different, even disparate, definitions for terms like “gender ideology.”

When Florida and other states enacted similar anti-LGBTQ content and curricular restrictions in their public schools, critics warned the ambiguous language in the statute and the resulting confusion would lead to censorship, or perhaps self-censorship, especially for students and staff who, by virtue of their skin color or sexual orientation or gender identity, are more likely to be targeted with targeted or overzealous enforcement in the first place.

DOE plays major role investigating alleged civil rights violations in schools

According to the National Education Association, “federal civil rights laws prohibit school boards and other employers from discriminating against or harassing staff or students based on their sexual orientation or gender identity,” which “means, for example, that a school district may not prohibit only LGBTQ+ educators from answering students’ questions about their families, may not prohibit recognition and discussion in class only of LGBTQ+ families, and may not require that only LGBTQ+ students hide their sexual orientation or gender identity at school.”

However, the NEA warns, “some school districts, administrators, and the Florida Department of Education may nonetheless choose to do so until a court orders otherwise.”

If officials at a public high school allow heterosexual teachers to display family photos in their classrooms but warn the openly gay teacher that he must put his away or be terminated for violating restrictions on in-school discussion of sexual orientation and gender identity, the manner in which the policy was enforced against him would presumably run afoul of the federal civil rights laws, which prohibit discrimination on the basis of sexual orientation.

The teacher could assume the expense of hiring an attorney to pursue legal remedies, shouldering the burden and the risk that litigation that could drag on for months and conclude with a judgment in favor of his employer. Alternatively, until or unless Trump dissolves the agency, he could file a complaint with DOE’s Office of Civil Rights.

Alternatively, until or unless Trump dissolves the agency, the teacher could file a complaint with DOE. The agency’s Office of Civil Rights would evaluate the information he shared to determine whether there were sufficient grounds to open an investigation and, if so, would deploy “a variety of fact-finding techniques” that can include a review of documentary evidence submitted by both parties, interviews with key witnesses, and site visits.

After the investigation is complete, if a “preponderance of the evidence supports a conclusion that the recipient failed to comply with the law,” OCR will attempt to negotiate a resolution agreement. If the recipient refuses to resolve the matter in this manner, OCR can “suspend, terminate, or refuse to grant or continue federal financial assistance to the recipient, or may refer the case to the Department of Justice.”

According to the DOE’s website, the agency has 11,782 investigations that were open as of Tuesday, with complaints against institutions of all kinds operating in all 50 states, from rural elementary schools in the Deep South to prestigious medical schools, community colleges, and charter schools for students with developmental disabilities. Likewise, the six civil rights laws over which OCR has jurisdiction cover a wide range of conduct, from sexual harassment to discrimination, retaliation, and single-sex athletics scholarships.

Should Trump succeed in abolishing the department, it is not yet clear how those active investigations will be handled, nor how complaints about violations of civil rights law by educational institutions would be reported and investigated moving forward in the agency’s absence.

During his first administration, Trump passed proposed changes to Title IX of the Education Amendments of 1972, which retooled the process for reporting sexual assault on college campuses in ways that were widely seen as imbalanced in favor of the accused.

President Joe Biden in April issued new guidelines that featured “significant shifts in how institutions address sexual harassment, and assault allegations while expanding protections for LGBTQ+ and pregnant students,” the American Council on Education wrote. Specifically, the administration provided a “new definition of sexual harassment, extending jurisdiction to off-campus, and international incidents,” while “clarifying protections against discrimination based on sexual orientation, gender identity, pregnancy, and parenting status.”

The regulations sidestepped thornier questions, however, about how schools should approach issues at the intersection of gender identity and competitive sports, specifying only that they should avoid bans that would categorically prohibit transgender athletes from participating.

Shortly after the Biden administration’s guidelines were introduced, Trump vowed they would be “terminated” on his first day in office. He also pledged to enact anti-trans policies that appear to have been modeled after some of the most extreme of the roughly 1,600 anti-trans bills that conservative statehouses have proposed from 2021-2024.

Among other promises Trump made during the campaign were plans to enact a nationwide ban on trans student athletes competing in accordance with their gender identity, a federal law that would recognize only two genders, and the prosecution of health care providers who administer gender affirming care to patients younger than 18.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

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Protesters say SAVE Act targets voters, transgender youth

Bill described as ‘Jim Crow 2.0’

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Protesters show their opposition to the SAVE Act outside the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”

The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.

President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.

Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.

“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”

U.S. Sen. Chuck Schumer (D-N.Y.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.

“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”

U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.

“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”

He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.

U.S. Sen. Alex Padilla (D-Calif.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”

U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.

“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.

“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”

She then showed the crowd something that she said has been with her throughout her political journey in Washington. 

“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.

“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”

Kelley Robinson, president of the Human Rights Campaign, speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.

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Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House

Andry Hernández Romero had asked for asylum in US

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Andry Hernández Romero (Photo courtesy of the Immigrant Defenders Law Center)

A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.

Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.

The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.

Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.

Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.” 

Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.

‘Due process and accountability cannot be optional’

Immigrant Defenders Law Center on Friday also made the following demands: 

  • The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released. 
  • The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.  
  • DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.  
  • DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.  
  • Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.   

“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.” 

“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.” 

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