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S.F. couple ‘elated’ over deferred deportation

USCIS allows Wells, Makk to stay together in country

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Anthony Makk and Bradford Wells (Blade file photo by Michael Key)

Bradford Wells breathed a sigh of relief this week following the news that his Australian-native spouse, Anthony Makk, won’t be forced to leave the United States anytime soon.

“I’m absolutely elated,” Wells said. “The pressing issue of my family being destroyed has been dealt with for the time being.”

On Wednesday, Wells, 56, received a letter from U.S. Customs & Immigration Services that potential deportation action on Makk, 49, won’t happen for at least two years.

Wells said he received the news while watching the Republican presidential candidates on television and feeling discouraged by their anti-gay rhetoric when he received an unexpected phone call.

“It was Nancy Pelosi calling,” Wells said. “She called to tell me that the problem had been solved and Anthony had been given deferred action and that my family would be together. The deferred action was good for two years. That gave me such a feeling of joy and relief.”

Wells and Makk met with House Minority Leader Pelosi (D-Calif.) to discuss their situation in D.C. during an October meeting, according to The Advocate.

Makk said he was “over the moon happy” upon hearing about the deferred action because it means his efforts to stay in the United States haven’t been in vain.

“To be able to remain here legally has been important to us, and it always has been,” Makk said. “The fact that they don’t grant this [deferred action] to many people at all makes this even more special.”

Under current immigration law, straight Americans can sponsor their foreign spouses for residency in the United States through a marriage-based green card application, but the same option isn’t available to gay bi-national couples because the Defense of Marriage Act prohibits federal recognition of same-sex marriage.

Consequently, foreign nationals in same-sex marriages could be deported if they’re undocumented or upon the expiration of their green cards. Makk was in the United States from 2000 to 2010 under a business visa, but after his company shut down, he lost his visa status and faced separation from the country.

For Wells, the prospect of being separated from his spouse was distressing because he has AIDS and depends on his spouse for care.

“He helps me get through when things just seem too difficult for me to deal with,” Wells said. “Sometimes I get so sick, I can’t deal with them … I’ve been in a lot of pain lately, so walking has been very difficult. He helps me out with that.”

Wells and Makk became a high-profile case when the San Francisco Chronicle profiled them in July and reported on the U.S. Customs & Immigration Service’s decision to deny the couple a green card. Even though the couple was married in Massachusetts in 2004 and has been together 19 years, they were unable to receive a green card because of DOMA.

But the letter dated Jan. 4 from U.S. Customs & Immigration Services states that Makk has been granted temporary deferment and won’t have to worry about deportation for that period of time.

“This is to advise you that effective today, January 4, 2012, you have been granted deferred action for a period of two years,” the letter states. “This action will expire on January 3, 2014.”

The letter explains that the deferred action is the result of prosecutorial discretion being exercised by U.S. Citizenship & Immigration Services, but doesn’t confer or alter any immigration status.

Still, the letter also states that as a person granted deferred action, Makk can apply for employment authorization in the United States. Additionally, he’s eligible for an extension of this deferred action beyond the two years that have already been allotted.

USCIS didn’t respond to the Washington Blade’s request for comment on why Wells and Makk were given deferred action in their case.

The decision falls within the scope of the prosecutorial discretion memo on deportations that the Department of Homeland Security issued in June. Additionally, the move is consistent with the Obama administration’s plan announced in August to take low-priority cases out of the deportation pipeline on a case-by-case basis.

Steve Ralls, a spokesperson for Immigration Equality, which is handling the Wells and Makk case, said the action marks the first time the administration has moved to protect a bi-national couple before the start of removal proceedings.

“For the first time, the federal government has intervened, prior to the initiation of removal proceedings, to grant real, tangible relief to a married bi-national couple,” Ralls said. “The decision to grant Anthony deferred action, which can be renewed beyond the initial two years if needed, is a welcome change from the uncertainty and threats of separation that have hung over this family, so and many others, in the past.”

In a statement, Pelosi called the deferred action a “positive resolution of Anthony’s immigration petition” and a “personal victory” for Makk and Wells.

“Anthony would have faced deportation because of the discriminatory Defense of Marriage Act, even though he has lived in the United States for more than 20 years, has no criminal history, has never lived here illegally and is the primary caregiver to his husband,” Pelosi said. “The Obama Administration’s recent efforts to prioritize immigration enforcement for the removal of criminals and others who pose a threat to national security helped pave the way for today’s good news.”

Pelosi wasn’t the only lawmaker who helped. Wells said Sen. Dianne Feinstein (D-Calif.) and gay State Sen. Mark Leno, who represents San Francisco in the California Legislature, also had roles in pressuring the U.S. government to allow his partner to remain in the United States.

Even though USCIS has taken action, Wells said he isn’t sure whether the remedy will be enough because Makk is unable to leave the country under his current status.

“”I know that Anthony cannot leave the country and come back,” Wells said. “That’s something that still worries me. If something should happen to a family member in Australia, if one of his relatives dies, or if one his relatives gets really sick, he will not be able to go back to his family there.”

Immigration Equality’s Ralls said the administration can take further action to protect other bi-national gay couples in similar situations to Wells and Makk.

“While the best solution remains a policy that would provide lesbian and gay spouses, just like straight spoues, an opportunity to obtain a green card, this action is significant nonetheless,” Ralls said. “Moving forward, it should be repeated for other couples until DOMA is repealed or UAFA is law.”

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Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

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Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

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Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

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(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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