National
New DHS guidance on immigration omits same-sex couples
Lawmaker, activists concerned about risk of dividing families
The omission of bi-national same-sex couples from recent guidance from the Obama administration is troubling advocates who fear the omission may mean LGBT families won’t be covered under new immigration policy.
The Department of Homeland Security issued guidance on Thursday to attorneys with U.S. Immigration & Customs Enforcement detailing which undocumented immigrants could be deemed a low priority and taken out of the deportation pipeline.
The guidance is the result of the announcement from the Obama administration in August that it will conduct a case-by-case review of about 300,000 undocumented immigrants facing possible deportation. Those who have been convicted of crimes or pose a security risk will be a higher priority for deportation, while those who are deemed lower priority will be taken out of the pipeline.
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Administration officials have said they’ll weigh a person’s ties and contributions to the community and family relationships in considering which immigrants are low priority, and these criteria would be inclusive of LGBT families.
According to the New York Times, the process for determining which immigrants could be taken out of the deportation pipeline began on Thursday.
But in the guidance spelling out the details for this review, no mention of immigrants who are in same-sex relationships with U.S. citizens is enumerated among the categories of people who are listed as those who could be considered low priority.
Categories that are identified as low priority include immigrants who had enlisted in the armed forces or those who came to the United States under the age of 16 and are pursuing a college degree. Such immigrants would be eligible for citizenship under passage of the DREAM Act.
Other categories deemed low priority are those who older than age 65 and have lived in the country for more than 10 years and those who have been the victim of domestic violence.
Steve Ralls, spokesperson for Immigration Equality, said the lack of explicit mention of bi-national same-sex couples “isn’t just deeply disappointing; it is also detrimental to LGBT immigrants and their American spouses and partners.”
“By declining to address, in writing, the unique circumstances surrounding those couples, DHS has left too much room for interpretation and left too many couples vulnerable to separation,” Ralls said. “There is no justifiable reason for exclusionary guidelines, and every reason to be explicit in clarifying that the administration believes LGBT Americans should not be forced apart from their husbands and wives.”
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Despite the lack of explicit mention, the guidance identifies as another low category an undocumented immigrant “who has a very long-term presence in the United States, has a immediate family member who is a United States citizen, and has established compelling ties and made compelling contributions to the United States.” An immigrant in a same-sex relationship with a U.S. citizen may qualify in this category.
Ralls acknowledged that DHS may intend for bi-national same-sex couples to fall into this category, but said the language is too vague to ensure protections.
“The issue, however, lies in the fact that DHS does not say so in its written guidelines, leaving the definition of ‘immediate family member’ open to interpretation by DHS and ICE officers,” Ralls said. “That’s problematic because, without that explicit guidance, there is no documentation mandating that officers use an inclusive definition as they review pending deportation cases.”
Ralls cited as an example a Boston-area bi-national couple who were told by an immigration official they couldn’t qualify for relief under the new policy — even though they’re legally married.
“The official — despite past press statements by DHS about the agency’s inclusive definition of family — declared they were under no obligation to offer discretion on the basis of the couple’s marriage in Massachusetts,” Ralls said. “As a result, the immigrant spouse is now facing deportation to a hostile, homophobic country in the Caribbean. Their case is a perfect example of the very real — and very dangerous — position couples are faced with when DHS relies on verbal instruction rather than written guidance.”
Lavi Soloway, founder of Stop the Deportations, also criticized the Obama administration for the omission.
“It is disturbing that DHS continues to exclude LGBT families from its increasingly specific written guidelines on prosecutorial discretion in deportation cases,” Soloway said. “DHS telegraphs through its spokespersons that we are intended to be included within the phrasing ‘immediate family members’ or ‘family relationships,’ but there can be no justification for leaving this up to the imagination of individual ICE attorneys or deportation officers. Strong guidance on LGBT families facing deportation would ensure a uniform national policy and would do nothing to limit the exercise of discretion.”
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A DHS official, who spoke on condition of anonymity, said same-sex couples aren’t explicitly mentioned in the guidance because the Obama administration wants to cover both married and unmarried LGBT couples.
“One of the strongest reasons why we go with a family approach — focusing on the family relationship and not a marital relationship — is because we want to include individuals who are in long standing domestic partnerships so we can capture more same-sex couples,” the official said. “We used the term the family members largely so that domestic partnerships would be included in the standard.”
Asked whether 100 percent of foreign nationals in same-sex relationships with U.S. citizens would be taken out of the pipeline if they have no other factors weighing against them, the official replied, “When we exercise prosecutorial discretion, we’re limited by law and doing it on a case-by-case. So every case in unique; every case is different. I really couldn’t say 100 percent of any category is going to be saved from removal.”
The official added that in two similarly situated cases where one immigrant is an opposite-sex marriage and has no negative factors weighing him or her and another immigrant is in a same-sex relationship and has no negative factors weighing against him or her, both would “be treated equally under this policy.”
In a statement, Rep. Jerrold Nadler (D-N.Y.) also said he finds the lack of explicit mention of same-sex couples in the guidance unpalatable.
“I am very concerned by the administration’s failure to state in its written guidance to ICE attorneys, released today, that families of LGBT binational couples should be treated equally, like all other families in America,” Nadler said.
The lawmaker is the sponsor of the Uniting American Families Act, legislation that would enable gay Americans to sponsor their foreign partners for residency in the United States.
Nadler continued, “While I appreciate prior commitments by DHS that LGBT family ties will be taken into account in immigration enforcement decisions – and that this will be explained to ICE agents – without such a directive in writing, there is a serious risk that such families could be wrongfully divided. With the administration taking an otherwise positive step to make immigration enforcement fairer, it is extremely frustrating that families of LGBT binational couples remain at risk. I will be working to ensure that those families are also protected.”
The New York Democrat is among 69 House members who sent to a letter to the Obama administration in September calling for more explicit guidance that bi-national same-sex couples would be included in the new immigration policy.
National
White House orders warning signs at Smithsonian over gender identity exhibits
Administration criticizes National Museum of American History
The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.
According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”
Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.
Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.
“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.
The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.
The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.
The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”
The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.
It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”
Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”
On July 9, the American Historical Association issued a statement rejecting the report’s findings.
In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.
House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”
In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.
Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.
“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.
Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.
It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.
An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)
National
Trump ends direct HIV prevention funding to community groups
Advocates say transfer of funds to states may disrupt local programs
A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.
News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.
Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.
Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.
Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.
A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.
Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.
“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.”
Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.
Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.
“They could still qualify as a sub-grantee from a state,” Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.
Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.
In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.
“Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.
It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end.
“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.
“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes.
Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.
National
At Alliance Defending Freedom’s summit, church and state are one
House Speaker Mike Johnson (R-La.) among speakers
Uncloseted Media published this article on July 23.
By SPENCER MACNAUGHTON | Earlier this month, hundreds of people filled a conference room in San Diego. These included Speaker of the House Mike Johnson, Assistant Secretary of Health Admiral Brian Christine, OpenAI executive Dean Ball, and the attorneys general of West Virginia and Idaho.
They all came together for Alliance Defending Freedom’s 2026 Summit. The Christian legal group, also a Southern Poverty Law Center-designated anti-LGBTQ hate group, described the event as a “gathering of leaders from many different spheres, including law, public policy, media, business, education, and Christian leadership.”
Johnson — who has said that “homosexual relationships are inherently unnatural and … society cannot give its stamp of approval to such a dangerous lifestyle” — was a featured speaker.
In his speech, he seemed unconcerned with the separation of church and state: “It is so encouraging to Kelly and I to be among friends and fellow warriors for this cause and people who understand that God is not done with America yet. … ADF’s on the very tip of the spear, front line, defending those very truths and keeping the door open for the spread of the Gospel. This is our moment. I’m telling you, I believe the next season … is going to be the greatest season of this ministry since its inception.”
That ministry is one that has espoused aggressively anti-LGBTQ views since its inception in the early 1990s. It was co-founded by a group of evangelical men, including Alan Sears, who co-authored a book called “The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today.” Since then, ADF has opposed gay marriage and supported bans on gay sex and on gender-affirming care for minors.
After helping overturn Roe v. Wade, ADF lawyers have led key victories at the Supreme Court. In 303 Creative v. Elenis, SCOTUS ruled that a website designer could refuse service to gay weddings. And this year they convinced the Court to overturn Colorado’s ban on conversion therapy and to uphold state laws in West Virginia and Idaho that ban trans girls from playing on girls’ sports teams.
At the summit, ADF President Kristen Waggoner, who has promoted conversion therapists and consistently misgenders trans people, interviewed these states’ attorneys general.
“The lawyers who were defending women’s sports were among the best I’ve ever seen in my entire life,” West Virginia Attorney General JB McCuskey told Waggoner.
Similar to Johnson, Trump’s Assistant Secretary of Health Christine showed his commitment to governing based on conservative Christianity. He gave a Bible-thumping speech against gender transition and trans healthcare, saying that it “contradicts … the deeper moral order that is woven into creation itself. For Genesis 1:27 informs us that God created man in his own image. … Male and female” He also said the “complementary relationship between man and woman is divine” and advocated for youth with gender dysphoria to receive care from a pastor.
All of these remarks from politicians made me think of the interview I published earlier this week with Pete Hegseth’s pastor, Doug Wilson. He wants a Christian theocracy in America and told me that: both the perpetrator and the victim should be disciplined in some cases of marital rape; that transgender people are “sad;” that execution is justifiable for certain homosexual acts; and that gay sex should be illegal.
The ADF Summit is glossy and polished. And while its messaging may be less explicit than Pastor Wilson’s, the track record of the organizations shows they have the exact same desires. They’re just deeply strategic in what they say and when and how they say it.
I believe the political power players who attended this year’s summit know this. They know they are endorsing an organization whose members have essentially called for the illegalization of most — if not all ‚ forms of queer behavior and presentation.
In the last few years, these perspectives have become increasingly embedded in the highest rooms of the federal government and they have been effective in stripping away LGBTQ rights. Wilson, who just installed a full-time pastor in Washington to lead services, says there are 10 to 20 government officials who align with his church’s ideology.
It is vital for Americans to keep their eyes wide open to the ultimate goal of groups like ADF: to create a United States that leaves LGBTQ people without rights and that pushes us back in the closet.
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