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LGBTQ asylum seekers, migrants brace for second Trump administration

Incoming president has promised ‘mass deportations’

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A portion of the fence that marks the Mexico-U.S. border in Tijuana, Mexico, on Feb. 25, 2020. LGBTQ asylum seekers and migrants, and the groups that advocate on their behalf, are bracing for the second Trump administration. (Washington Blade photo by Michael K. Lavers)

Advocacy groups in the wake of President-elect Donald Trump’s election fear his administration’s proposed immigration policies will place LGBTQ migrants and asylum seekers at increased risk.

“What we are expecting again is that the new administration will continue weaponizing the immigration system to keep igniting resentment,” Abdiel Echevarría-Cabán, an immigration lawyer who is based in Texas’s Rio Grande Valley, told the Washington Blade.

Trump during the campaign pledged a “mass deportation” of undocumented immigrants.

The president-elect in 2019 implemented the Migrant Protection Protocols program — known as the “Remain in Mexico” policy — that forced asylum seekers to pursue their cases in Mexico.

Advocates sharply criticized MPP, in part, because it made LGBTQ asylum seekers who were forced to live in Tijuana, Ciudad Juárez, Matamoros, and other Mexican border cities even more vulnerable to violence and persecution based on their gender identity and sexual orientation.

The State Department currently advises American citizens not to travel to Tamaulipas state in which Matamoros is located because of “crime and kidnapping.” The State Department also urges American citizens to “reconsider travel” to Baja California and Chihuahua states in which Tijuana and Ciudad Juárez are located respectively because of “crime and kidnapping.”

The Biden-Harris administration ended MPP in 2021.

The Centers for Disease Control and Prevention in March 2020 implemented Title 42, which closed the Southern border to most asylum seekers and migrants because of the COVID-19 pandemic. The policy ended in May 2023.

Robert Contreras, president of Bienestar Human Services, a Los Angeles-based organization that works with Latino and LGBTQ communities, in a statement to the Blade noted Project 2025, which “outlines the incoming administration’s agenda, proposes extensive rollbacks of rights and protections for LGBTQ+ individuals.”

“This includes dismantling anti-discrimination protections, restricting access to gender-affirming healthcare, and increasing immigration enforcement,” said Contreras.

Trans woman in Tijuana nervously awaits response to asylum application

A Biden-Harris administration policy that took place in May 2023 says “noncitizens who cross the Southwest land border or adjacent coastal borders without authorization after traveling through another country, and without having (1) availed themselves of an existing lawful process, (2) presented at a port of entry at a pre-scheduled time using the CBP (U.S. Customs and Border Protection) One app, or (3) been denied asylum in a third country through which they traveled, are presumed ineligible for asylum unless they meet certain limited exceptions.” The exceptions under the regulation include:

  • They were provided authorization to travel to the United States pursuant to a DHS-approved parole process; 
  • They used the CBP One app to schedule a time and place to present at a port of entry, or they presented at a port of entry without using the CBP One app and established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle; or 
  • They applied for and were denied asylum in a third country en route to the United States.  

Biden in June issued an executive order that prohibits migrants from asking for asylum in the U.S. if they “unlawfully” cross the Southern border.

The Organization for Refuge, Asylum and Migration works with LGBTQ migrants and asylum seekers in Tijuana, Mexicali and other Mexican border cities.

ORAM Executive Director Steve Roth is among those who criticized Biden’s executive order. Roth told the Blade the incoming administration’s proposed policies would “leave vulnerable transgender people, gay men, lesbians, and others fleeing life-threatening violence and persecution with little to no opportunity to seek asylum in the U.S. stripped of safe pathways.”

“Many will find themselves stranded in dangerous regions like the Mexico-U.S. border and transit countries around the world where their safety and well-being will be further jeopardized by violence, exploitation, and a lack of support,” he said. 

Jennicet Gutiérrez, co-executive director of Familia: TQLM, an organization that advocates on behalf of transgender and gender non-conforming immigrants, noted to the Blade a trans woman who has asked for asylum in the U.S. “has been patiently waiting in Tijuana” for more than six months “for her CBP One application response.”

“Now she feels uncertain if she will ever get the chance to cross to the United States,” said Gutiérrez.

She added Trump’s election “is going to be devastating for LGBTQ+ asylum seekers.”

“Transgender migrants are concerned about the future of their cases,” said Gutiérrez. “The upcoming administration is not going to prioritize or protect our communities. Instead, they will prioritize mass deportations and incarceration.”

Jennicet Gutiérrez (Photo courtesy of Familia: TQLM)

TransLatin@ Coalition President Bamby Salcedo echoed Gutiérrez.

“Trans people who are immigrants are getting the double whammy with the new administration,” Salcedo told the Blade. “As it is, trans people have been political targets throughout this election. Now, with the specific target against immigrants, trans immigrants will be greatly impacted.”

‘We’re ready to keep fighting’

Trans Queer Pueblo is a Phoenix-based organization that provides health care and other services to undocumented LGBTQ immigrants and migrants of color. The group, among other things, also advocates on behalf of those who are in U.S. Immigration and Customs Enforcement detention centers.

“We refuse to wait for politicians to change systems that were designed to hurt us,” Trans Queer Pueblo told the Blade in a statement. “The elections saw both political parties using our trans and migrant identities as political pawns.”

Trans Queer Pueblo acknowledged concerns over the incoming administration’s immigration policies. It added, however, Arizona’s Proposition 314 is “our biggest battle.”

Arizona voters last month approved Proposition 314, which is also known as the Secure the Border Act.

Trans Queer Pueblo notes it “makes it a crime for undocumented people to exist anywhere, with arrests possible anywhere, including schools and hospitals.” The group pointed out Proposition 314 also applies to asylum seekers.

“We are building a future where LGBTQ+ migrants of color can live free, healthy, and secure, deciding our own destiny without fear,” Trans Queer Pueblo told the Blade. “This new administration will not change our mission — we’re ready to keep fighting.”

Contreras stressed Bienestar “remains committed to advocate for the rights and safety of all migrants and asylum seekers.” Gutiérrez added it is “crucial for LGBTQ+ migrants to know that they are not alone.”

“We will continue to organize and mobilize,” she said. “We must resist unjust treatments and laws.”

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National

213 House members ask Speaker Johnson to condemn anti-trans rhetoric

Letter cites ‘demonizing and dehumanizing’ language

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Rep. Sarah McBride is the first signatory to the letter asking Speaker Johnson to condemn anti-trans rhetoric. (Washington Blade file photo by Michael Key)

The Congressional Equality Caucus has sent a letter urging Speaker of the House Mike Johnson to condemn the surge in anti-trans rhetoric coming from members of Congress.

The letter, signed by 213 members, criticizes Johnson for permitting some lawmakers to use “demonizing and dehumanizing” language directed at the transgender community.

The first signature on the letter is Rep. Sarah McBride of Delaware, the only transgender member of Congress.

It also includes signatures from Leader Hakeem Jeffries (NY-08), Democratic Whip Katherine Clark (MA-05), House Democratic Caucus Chair Pete Aguilar (CA-33), every member of the Congressional Equality Caucus, and members of every major House Democratic ideological caucus.

Some House Republicans have used slurs to address members of the transgender community during official business, including in committee hearings and on the House floor.

The House has strict rules governing proper language—rules the letter directly cites—while noting that no corrective action was taken by the Chair or Speaker Pro Tempore when these violations occurred.

The letter also calls out members of Congress—though none by name—for inappropriate comments, including calls to institutionalize all transgender people, references to transgender people as mentally ill, and false claims portraying them as inherently violent or as a national security threat.

Citing FBI data, the letter notes that 463 hate crime incidents were reported due to gender identity bias. It also references a 2023 Williams Institute report showing that transgender people are more than four times more likely than cisgender people to experience violent victimization, despite making up less than 2% of the U.S. population.

The letter ends with a renewed plea for Speaker Johnson to take appropriate measures to protect not only the trans member of Congress from harassment, but also transgender people across the country.

“We urge you to condemn the rise in dehumanizing rhetoric targeting the transgender community and to ensure members of your conference are abiding by rules of decorum and not using their platforms to demonize and scapegoat the transgender community, including by ensuring members are not using slurs to refer to the transgender community.”

The full letter, including the complete list of signatories, can be found at equality.house.gov. (https://equality.house.gov/sites/evo-subsites/equality.house.gov/files/evo-media-document/letter-to-speaker-johnson-on-anti-transgender-rhetoric-enforcing-rules-of-decorum.pdf

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EXCLUSIVE: Garcia, Markey reintroduce bill to require US promotes LGBTQ rights abroad

International Human Rights Defense Act also calls for permanent special envoy

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The U.S. Embassy in El Salvador marks Pride in 2023. (Photo courtesy of the U.S. Embassy of El Salvador's Facebook page.)

Two lawmakers on Monday have reintroduced a bill that would require the State Department to promote LGBTQ rights abroad.

A press release notes the International Human Rights Defense Act that U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Robert Garcia (D-Calif.) introduced would “direct” the State Department “to monitor and respond to violence against LGBTQ+ people worldwide, while creating a comprehensive plan to combat discrimination, criminalization, and hate-motivated attacks against LGBTQ+ communities” and “formally establish a special envoy to coordinate LGBTQ+ policies across the State Department.”

 “LGBTQ+ people here at home and around the world continue to face escalating violence, discrimination, and rollbacks of their rights, and we must act now,” said Garcia in the press release. “This bill will stand up for LGBTQ+ communities at home and abroad, and show the world that our nation can be a leader when it comes to protecting dignity and human rights once again.”

Markey, Garcia, and U.S. Rep. Sara Jacobs (D-Calif.) in 2023 introduced the International Human Rights Defense Act. Markey and former California Congressman Alan Lowenthal in 2019 sponsored the same bill.

The promotion of LGBTQ and intersex rights was a cornerstone of the Biden-Harris administration’s overall foreign policy.

The global LGBTQ and intersex rights movement since the Trump-Vance administration froze nearly all U.S. foreign aid has lost more than an estimated $50 million in funding.

The U.S. Agency for International Development, which funded dozens of advocacy groups around the world, officially shut down on July 1. Secretary of State Marco Rubio earlier this year said the State Department would administer the remaining 17 percent of USAID contracts that had not been cancelled.

Then-President Joe Biden in 2021 named Jessica Stern — the former executive director of Outright International — as his administration’s special U.S. envoy for the promotion of LGBTQ and intersex rights.

The Trump-Vance White House has not named anyone to the position.

Stern, who co-founded the Alliance for Diplomacy and Justice after she left the government, is among those who sharply criticized the removal of LGBTQ- and intersex-specific references from the State Department’s 2024 human rights report.

“It is deliberate erasure,” said Stern in August after the State Department released the report.

The Congressional Equality Caucus in a Sept. 9 letter to Rubio urged the State Department to once again include LGBTQ and intersex people in their annual human rights reports. Garcia, U.S. Reps. Julie Johnson (D-Texas), and Sarah McBride (D-Del.), who chair the group’s International LGBTQI+ Rights Task Force, spearheaded the letter.

“We must recommit the United States to the defense of human rights and the promotion of equality and justice around the world,” said Markey in response to the International Human Rights Defense Act that he and Garcia introduced. “It is as important as ever that we stand up and protect LGBTQ+ individuals from the Trump administration’s cruel attempts to further marginalize this community. I will continue to fight alongside LGBTQ+ individuals for a world that recognizes that LGBTQ+ rights are human rights.”

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US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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