National
Napolitano: DOMA prohibits action to help bi-national couples
Cites ‘legal advice’ stipulating DHS can’t place marriage-based green cards on hold


Secretary of Homeland Security Janet Napolitano said DOMA precludes placing marriage-based green cards in abeyance for gay couples (Washington Blade file photo by Michael Key)
Secretary of Homeland Security Janet Napolitano continues to say the Obama administration is unable to place on hold marriage-based green card applications for bi-national same-sex couples as long as the Defense of Marriage Act remains on the books.
When asked by the Washington Blade on Monday during a White House news conference, Napolitano asserted DHS can’t take such action, which could protect bi-national gay couples from separation stop the deportation process in some extreme cases.
“The legal advice we have received is that we can’t put them in abeyance because DOMA remains the law,” Napolitano said. “We’d like to see that law overturned. In practical terms, however, most of those cases fall within very, very low priority in terms of what we’ve done over the last years, which is to build priorities into immigration enforcement, so we’re not seeing, in practicality, those deportations occur.”
In 2009, DHS took such action for the widows of U.S. citizens when Napolitano ordered U.S. Citizenship & Immigration Services to grant deferred action widows who are foreign nationals and suspend adjudication of their visa petitions and adjustment applications.
Asked why her department couldn’t take similar action for bi-national same-sex couples, Napolitano replied, “Well, because of DOMA.”
LGBT advocates — most recently Sen. Kirsten Gillibrand (D-N.Y.) and other senators in a letter to the Obama administration — have been calling on the Obama administration to place on hold the marriage-based green card applications for bi-national couples, especially because a final determination from the Supreme Court on the constitutionality of DOMA seems imminent. But each time, DHS has responded that it’ll continue to enforce DOMA as long as it remains on the books.
The Obama administration has taken steps to address this issue. For example, in October, the Department of Homeland Security issued guidance stipulating immigration officers should consider “long-term, same-sex partners” as families when considering whether to exercise prosecutorial discretion in the potential deportation of an undocumented immigrant.
Steve Ralls, a spokesperson for Immigration Equality, said though his organization appreciates the efforts DHS has undertaken to protect bi-national gay couples, “there is clear legal precedent” to place their marriage-based green card applications in abeyance.
“By not doing so, the Administration has instead forced some couples to fall out of legal status, or to consider exile abroad,” Ralls added. “While not actively pursuing the partners of LGBT Americans for deportation is a welcome step forward, giving those couples the legal status abeyance would confer is a critical part of ensuring they have the legal stability they need to protect their families.”
The Board of Immigration Appeals — an agency under the Justice Department — has also taken action for certain married bi-national same-sex couples seeking relief apparently in anticipation of a ruling from the Supreme Court against DOMA. The agency has issued remands in at least 10 cases involving denied card petitions filed on behalf of same-sex couples, according to The DOMA Project.
Lavi Soloway, an immigration attorney and co-founder of the DOMA Project, denied the legal reasoning offered by Napolitano, saying DOMA prevents DHS from approving marriage-based green card applications, but says nothing about holding them in abeyance, nor would such a move “violate the spirit or letter of DOMA.”
“Is it regrettable that the administration continues to cite the questionable ‘legal advice’ that DOMA prohibits any remedies to would protect married binational gay and lesbian couples,” Soloway said. “Furthermore, this interpretation of DOMA is contradicted by their own action in the deportation context, where after two years of telling us that they could not issue a moratorium to stop ‘DOMA deportations’ for that very reason, the administration finally issued guidance in October 2012 to prevent deportations of the same-sex partners and spouses of American citizens who would be otherwise eligible for green cards if not for DOMA.”
Soloway maintained the Obama administration can do three things to help bi-national same-sex couples: 1) place their marriage-based green card applications in abeyance; 2) extend humanitarian parole to all foreign partners who are stuck abroad and end the exile of gay Americans caused by DOMA; and 3) offer deferred action to the foreign partners of gay Americans who are currently in the U.S. without lawful status.
“The Obama administration’s lack of movement on these interim remedies cannot be blamed on DOMA, and is inconsistent with President’s recent statements championing equality for lesbian and gay couples,” Soloway concluded.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
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