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As the public health emergency ends, a humanitarian crisis begins for LGBTQ asylum seekers

Title 42 ended on May 11

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The Rio Grande between Matamoros, Mexico, and Brownsville, Texas, on Jan. 14, 2020. (Washington Blade photo by Michael K. Lavers)

LGBTQIA+ people from around the world who come to the U.S. Southern border seeking safety from escalating discrimination and violence are now met with an impossible new system that denies us our human rights. Under Title 42, we struggled to find pathways from persecution in our home countries. When it was lifted on May 11, Biden replaced it with an asylum ban that forces us to stay in unsafe conditions while we try, and fail, to make an appointment on an app that does not work.

A gay asylum seeker myself, I experienced first-hand the challenges of proving my worthiness of protection under Title 42. Homosexuality is criminalized in a third of the world’s countries, forcing LGBTQIA+ people to face violence, harassment and discrimination, sometimes from our own government authorities. The Title 42 policy launched at the beginning of the COVID emergency prevented us from making an asylum case properly, leaving us in a state of vulnerability and without the protection we desperately needed. We faced increasing risks as we navigated detention or processing centers and were forced to return to countries where our lives were in danger.

I am now the client services manager at Lawyers for Good Government’s Project Corazon, where we coordinate legal services for thousands of LGBTQIA+ people fleeing danger, like I once did. Every day, I see how Biden’s new asylum ban makes pleading such claims nearly impossible. One of our clients, Mario, poses the perfect example. 

Mario, a gender non-conforming Guatemalan asylum seeker from the Maya Qʼeqchiʼ community, carries on their late father’s legacy as a traditional herbal medicine expert and human rights advocate. In March 2022, they organized peaceful protests against the country’s homophobic “protection of life and family” bill, which was later passed by the Guatemalan Congress. However, their involvement led to persecution and torture by government-affiliated leaders, who accused them of witchcraft. Expelled from their community under indigenous “laws,” Mario sought refuge within Guatemala but faced ongoing persecution. Surviving two firearm assassination attempts, they fled to the United States’ Southern border to seek asylum.

Arriving at the Matamoros-Brownsville International Bridge, Mario exercised their rights under international law to express their intent to seek asylum directly to a Customs and Border Control asylum officer, the proper process before the U.S. government introduced the notoriously glitchy CBP One app earlier this year. Introduced to create an “orderly” means of arguing an exemption to Title 42, the app instead created yet another barrier to accessing asylum. Instead of accepting their declaration, the officer instructed them to use the app to make an appointment wherein they would check a box claiming they were exempt from the Title 42 public health emergency, and receive an appointment to tell their story and hopefully receive parole so they could begin the asylum process.

Mario managed to get access to a smartphone, but their limited literacy and unfamiliarity with technology posed challenges. The app failed to recognize their darker complexion during the photo capture process, as it did with numerous asylum seekers. Still, Mario did not give up: They struggled to secure an appointment every day, fearing their inability to verify their identity or meet the app’s listed vulnerabilities would hinder their right to request asylum. After 90 days of unsuccessful attempts and increasing dangers in Matamoros, they finally could not wait any longer and chose to instead risk crossing the hazardous river near the International Bridge to enter the U.S. They were intercepted by CBP and processed. Following a 72-hour case review, Mario received one-year parole, enabling them to pursue their asylum case in a safer environment. 

If this new asylum ban had been in place, Mario would not be here today. They would have to prove that they had first sought asylum in Mexico, or figure out how to use an app that is not available in their language, or simply be forced to remain in a place where they had received numerous threats on their life. And had they attempted to cross, they would be deported “home” to a country that is notoriously hostile to LGBTQIA+ people, especially those with darker skin, and prohibited from seeking asylum in the U.S. again for five years. 

This is now how asylum law works. Under existing asylum procedures that have been the law of the land since 1980, when Title 42 lifted on May 11, Mario should have just been able to walk up to an asylum officer and plead credible fear of harm based on their membership in a persecuted group. However, instead, the Biden administration pushed through critical, harsh changes to how asylum seekers on our southern border can seek protection, directly endangering our community and our lives.

It is not too late for the Biden administration to ensure that the new asylum rule does not exclude or discriminate against LGBTQIA+ people seeking protection in the United States. First, the administration should train immigration officials on the specific challenges facing our community, including understanding the laws and situations facing LGBTQIA+ people in different countries; this will guarantee a fair and appropriate evaluation in each individual case, and will avoid the perpetuation of stereotypes and prejudices that can lead to wrong decisions. Second, the administration must put mechanisms in place to provide legal advice and emotional support to people in our community seeking asylum, as we often face additional barriers due to our sexual orientation or gender identity. Third, the administration must fulfill its promise to create alternative pathways for people at imminent risk of harm, including our community members fleeing oppression.

The LGBTQIA+ community deserves an asylum system in the U.S. that recognizes and protects our fundamental human rights. Only then can we build an asylum system that reflects our values of equality and justice for all.

Estuardo Cifuentes is the client services manager at Lawyers for Good Government’s Project Corazon.

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Is it time for DC to have new congressional representation?

Del. Eleanor Holmes Norton will turn 89 in June

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Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Michael Key)

With WorldPride, Supreme Court decisions, military parades in our streets, mayor and City Council discussions about a new football stadium, it is entirely understandable if we missed the real local political story for our future in the halls of Congress. Starting this past May, the whispered longtime discussions about the city’s representation in Congress broke out. Stories in Mother Jones, Reddit, Politico, Axios, NBC News, the New York Times, and even the Washington Post have raised the question of time for a change after so many years.  A little background for those who may not be longtime residents is definitely necessary.

Since the passage of the 1973 District of Columbia Home Rule Act, we District residents have had only two people represent us in Congress, Walter Fauntroy and Eleanor Holmes Norton, who was first elected in 1990 after Mr. Fauntroy decided to run for mayor of our nation’s capital city. 

No one can deny Mrs. Norton’s love and devotion for the District. Without the right to vote for legislation except in committee, she has labored hard and often times very loud to protect us from congressional interference and has successfully passed District of Columbia statehood twice in the House of Representatives, only to see the efforts fail in the U.S. Senate where our representation is nonexistent. 

However, the question must be asked: Is it time for a new person to accept the challenges of working with fellow Democrats and even with Republicans who look for any opportunity to harm our city? Let us remember that the GOP House stripped away millions of OUR dollars from the D.C. budget, trashed needle exchange programs, attacked reproductive freedoms, interfered with our gun laws at a moment’s notice, and recently have even proposed returning the District to Maryland, which does not want us, or simply abolishing the mayor and City Council and returning to the old days of three commissioners or the very silly proposal to change the name of our Metro system to honor you know you.

Mrs. Norton will be 89 years old next year around the time of the June 2026 primary and advising us she is running for another two-year term. Besides her position there will be other major elected city positions to vote for, namely mayor, several City Council members and Board of Education, the district attorney and the ANC. Voting for a change must not be taken as an insult to her. It should be raised and praised as an immense thank you from our LGBTQ+ community to Mrs. Norton for her many years of service not only as our voice in Congress but must include her chairing the Equal Employment Opportunity Commission, her time at the ACLU, teaching constitutional law at Georgetown University Law School, and her role in the 1963 March on Washington. 

Personally, I am hoping she will accept all the accolades which will come her way. Her service can continue by becoming the mentor/tutor to her replacement. It is time!

John Klenert is a longtime D.C. resident and member of the DC Vote and LGBTQ+ Victory Fund Campaign boards of directors.

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Supreme Court decision on opt outs for LGBTQ books in classrooms will likely accelerate censorship

Mahmoud v. Taylor ruling sets dangerous precedent

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U.S. Supreme Court (Washington Blade photo by Michael Key)

With its ruling Friday requiring public schools to allow parents to opt their children out of lessons with content they object to — in this case, picture books featuring LGBTQ+ characters or themes — the Supreme Court has opened up a new frontier for accelerating book-banning and censorship.

The legal case, Mahmoud v. Taylor, was brought by a group of elementary school parents in Montgomery County, Md., who objected to nine books with LGBTQ+ characters and themes. The books included stories about a girl whose uncle marries his partner, a child bullied because of his pink shoes, and a puppy that gets lost at a Pride parade. The parents, citing religious objections, sued the school district, arguing that they must be given the right to opt their children out of classroom lessons including such books. Though the district had originally offered this option, it reversed course when the policy proved unworkable.

In its opinion the court overruled the decisions of the lower courts and sided with the parents, ruling that books depicting a same-sex wedding as a happy occasion or treating a gay or transgender child as any other child were “designed to present … certain contrary values and beliefs as things to be rejected.” The court held that exposing children to lessons including these books was coercive, and undermined the parents’ religious beliefs in violation of the free exercise clause of the First Amendment.

This decision is the latest case in recent years to use religious freedom arguments to justify decisions that infringe on other fundamental rights. The court has used the Free Exercise Clause of the First Amendment to permit companies to deny their employees insurance coverage for birth control, allow state-contracted Catholic adoption agencies to refuse to work with same-sex couples, and permit other businesses to discriminate against customers on the basis of their sexual orientation.

Here, the court used the Free Exercise Clause to erode bedrock principles of the Free Speech Clause at a moment when free expression is in peril. Since 2021, PEN America has documented 16,000 instances of book bans nationwide. In addition, its tracking shows 62 state laws restricting teaching and learning on subjects from race and racism to LGBTQ+ rights and gender — censorship not seen since the Red Scare of the 1950s.

Forcing school districts to provide “opt outs” will likely accelerate book challenges and provide book banners with another tool to chill speech. School districts looking to avoid logistical burdens and controversy will simply remove these books, enacting de facto book bans that deny children the right to read. The court’s ruling, carefully couched in the language of religious freedom, did not even consider countervailing and fundamental free speech rights. And it will make even more vulnerable one of the main targets of those who have campaigned for book bans: LGBTQ+ stories.

When understood in this wider context, it is clear that this case is about more than religious liberty — it is also about ideological orthodoxy. Many of the opt-out requests in Montgomery County were not religious in nature. When the reversal of the opt-out policy was first announced, many parents voiced concerns that any references to sexual orientation and gender identity were age-inappropriate.

The decision could allow parents to suppress all kinds of ideas they might find objectionable. In her dissent, Justice Sotomayor cites examples of objections parents could have to books depicting patriotism, interfaith marriage, immodest dress, or women’s rights generally, including the achievements of women working outside the home. If parents can demand a right to opt their children out of any topic to which they hold religious objections, what is to stop them from challenging books featuring gender equality, single mothers, or even a cheeseburger, which someone could theoretically oppose for not being kosher? This case throws the door open to such possibilities.

But the decision will have an immediate and negative impact on the millions of LGBTQ+ students and teachers, and students being raised in families with same-sex parents. This decision stigmatizes LGBTQ+ stories, children, and families, undermines free expression and the right to read, and impairs the mission of our schools to prepare children to live in a diverse and pluralistic society.

Literature is a powerful tool for building empathy and understanding for everyone, and for ensuring that the rising generation is adequately prepared to thrive in a pluralistic society. When children don’t see themselves in books they are left to feel ostracized. When other children see only people like them they lose out on the opportunity to understand the world we live in and the people around them.

Advocates should not give up but instead take a page from the authors who have written books they wished they could have read when they were young — by uplifting their stories. Despite this devastating decision, we cannot allow their voices to be silenced. Rather, we should commit to upholding the right to read diverse literature.

Elly Brinkley is a staff attorney with PEN America.

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Pragmatic presidents invest in America

We need targeted, accountable investment in workforce stability

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(Photo by alptraum/Bigstock)

America may soon elect a president who identifies as LGBTQ. This possibility is no longer far-fetched, nor should it be alarming. What matters far more than who the president is, is whom the president serves.

In America, we care who the president loves because we want to know whether they love the people they represent. Not just the powerful or the visible, but those struggling to contribute more fully. The farmer in Iowa. The single mother in Ohio. The veteran in Houston who sleeps in his truck.

The moral test of any president is whether they recognize that a nation cannot call itself strong when millions of its people are locked out of participating in the economy. This is not sentiment. It is strategy.

We are heading toward a century of global competition where population, productivity, and workforce strength will decide which nations lead. The United States cannot afford to ignore the foundational truth that economic health begins with human stability. Without a well-fed, well-housed, well-prepared workforce, the American economy simply cannot compete.

Today, millions of Americans remain outside the labor force. According to the Bureau of Labor Statistics, roughly six million working-age Americans are not working or actively looking for work. Another 36.5 million live below the poverty line. Many of them lack the basic conditions required to contribute to our modern economy: shelter, nutrition, healthcare, or safety.

The result is predictable. A smaller workforce. Greater dependencies. Stagnant productivity. In 2024, the Congressional Budget Office projected a long-term decline in labor force participation unless structural barriers are addressed. This is not only an economic issue. It is a national security issue.

China and India are investing heavily in their own labor capacity. Meanwhile, we risk squandering ours. This is the backdrop against which the next president, whoever they are, must lead.

The role of government is not to provide individual comfort or cradle-to-grave care; that responsibility rightly belongs to families, communities, and civil society. Its role is to maintain the conditions necessary for every willing individual to contribute productively and invest with confidence. This means access to a safe home. It means access to basic nutrition. It means access to the building blocks of a productive life. Securing for our work forces what the Apostle Paul called diatrophas and skepasmata; or food and a place to sleep. These are not luxuries or favors. They are investments that yield growth in national capacity.

Too often these issues are framed in moral or ideological terms rather than pragmatic business interests. This rhetoric can mask poor planning, inefficiencies, and broken promises that leave communities worse off. Meanwhile these concerns go beyond common sense. They make business sense.

Consider housing. The National Low Income Housing Coalition reports a shortage of more than seven million affordable rental homes for extremely low-income households. This gap affects workforce mobility, job retention, and family stability. In cities with severe housing stress, employers cannot fill jobs because workers cannot live nearby.

Or take hunger. The USDA estimates that more than 47 million Americans live in food-insecure households. Children who are malnourished underperform in school. Adults who skip meals cannot stay focused on work. These are not abstract concerns. They are immediate threats to productivity and growth.

A president who understands this will not be swayed by ideology. They will ask: What strengthens our democracy? What builds a workforce that can out-innovate, out-produce, and out-lead our rivals?

The answer is not more bureaucracy. It is a targeted, accountable investment in workforce stability. Presidents should promote responsible public-private partnerships and remove barriers to full engagement. Communities need to strengthen local support and work with businesses on food, housing, and job training. Businesses recognize the returns on investments in workforce development and inclusive workplaces. Individuals should engage locally, build skills, and participate in practical solutions for community prosperity.

There is precedent. Conservative leaders have long understood that a stable society is a prerequisite for economic freedom. Abraham Lincoln supported land grants and public education. Dwight Eisenhower built the interstate system to connect markets and communities. Ronald Reagan expanded the Earned Income Tax Credit.

The next president should recognize these approaches. It is time to revive a governing vision that puts dignity at the heart of national strategy. That includes all Americans, from skilled professionals to warehouse workers, nurse’s aides, and long-haul truck drivers. Everyone has a responsibility to do their part to keep the economy moving.

This is where leadership matters. Not in posing as a cultural warrior, but in protecting our investments in the people who keep the nation running. A president who cares about this country will not ask what’s needed to make things easier. They will ask what’s needed to help us thrive together. They will help us choose the right way, the hard way, and maybe even the long way because building a competitive economy and a secure nation requires investing in the realities that make that happen.

If the next president can rise to that standard, then identity will matter far less than results. And maybe that is the clearest sign of progress yet.


Will Fries is a Maryland communications strategist with experience in multiple major presidential campaigns.

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