News
Becerra trying to stop ‘Healthcare Refusal Rule’
California Attorney General Xavier Becerra filed a motion June 4 seeking a preliminary injunction blocking the “Healthcare Refusal Rule” while the rule is being challenged in court. The Department of Health and Human Services issued the rule on May 21 and Becerra filed suit the same day, arguing that it is unconstitutional, reckless and contradicts California laws that protect patients from discrimination.
The rule would allow a “conscience clause” for any individual, entity, or provider—from janitor to medical assistant to doctor—to refuse basic healthcare, including emergency care, based on that employee’s religious or moral objections. That includes any healthcare need from contraception and abortions to a wide spectrum of heathcare needs for the LGBT community, Becerra and two health experts explained during a June 4 conference call with reporters.
If the court does not grant an injunction, the Healthcare Refusal Rule goes into effect on July 22.
The Los Angeles Blade asked if that would also include emergency care for a sick or injured child brought in by a same sex couple, as well as denial of care to transgender individuals.
“This is where it gets nasty because you’re talking about people who are supposed to provide healthcare or are employed with an organization that is supposed to provide healthcare so that when a person walks through the door as a patient, they’re not expecting that anything but their condition or care is what’s paramount in the minds of every person who works in that facility,” Becerra says, underscoring that the patients are also likely taxpayers who paid for some of the funding that these providers receive to operate.
“Yet, for the LGBT community, as well as for others,” Becerra says, ”you could walk in whether you’re a married couple with a child or whether you’re transgender, and if someone who works for that provider—and it could be anyone, it’s not just the doctor—says ‘for religious and moral reasons, I’ve decided I cannot offer you services,’ whatever that service might be, that individual as a patient is now being harmed. And that could go across any number of states where that harm could be real. In California—it would be not only real but it would be illegal to do so.”
In addition to the harmful denial of care, Becerra says the rule would threatening “billions of dollars in federal funding for California’s public healthcare and other federally-funded programs,” including Medicaid and the Ryan White HIV/AIDS Program.
Out Insurance Commissioner Ricardo Lara filed a declaration in support of Becerra’s motion for a preliminary injunction. “Allowing medical providers and facilities, insurers, employers, and others to exercise prejudice against patients is not only deeply offensive, but dangerous to their health. Lara said. “hen it comes to protecting the civil rights of all Californians, we will go all out in fighting this battle.”
News
Supreme Court hears oral arguments in pivotal gender affirming care case
U.S. v. Skrmetti could have far-reaching impacts
The U.S. Supreme Court heard oral arguments in U.S. v. Skrmetti on Wednesday, the case brought by the Biden-Harris administration’s Department of Justice to challenge Tennessee’s ban on gender affirming care for minors.
At issue is whether the law, which proscribes medical, surgical, and pharmacological interventions for purposes of gender transition, abridges the right to due process and equal protection under the 14th Amendment to the U.S. Constitution, as well as Section 1557 of the Affordable Care Act, which prohibits sex-based discrimination.
The petitioners — U.S. Solicitor General Elizabeth Prelogar, who represents the federal government, and Chase Strangio, co-director of the ACLU’s LGBT & HIV Project — argue the Supreme Court should apply heightened scrutiny to laws whose application is based on transgender status rather than the rational basis test that was used by the U.S. Court of Appeals for the 6th Circuit, which is more deferential to decisions by legislators.
Legal experts agree the conservative justices are unlikely to be persuaded even though, as Tennessee Solicitor General J. Matthew Rice made clear on Wednesday, under the state’s statute “If a boy wants puberty blockers, the answer is yes, if you have precocious puberty; no, if you’re doing this to transition. If a girl wants puberty blockers, the answer is yes, if you have precocious puberty; no, if you’re doing this to transition.”
Oral arguments delved into a range of related topics, beginning with conservative Justice Samuel Alito’s questions about debates within the global scientific and medical communities about the necessity of these interventions for youth experiencing gender dysphoria and the risks and benefits associated with each treatment.
“Isn’t the purpose of intermediate scrutiny to make sure that we guard against — I’m not intending to insult — but we all have instinctual reactions, whether it’s parents or doctors or legislatures, to things that are wrong or right,” said liberal Justice Sonia Sotomayor.
“For decades, women couldn’t hold licenses as butchers or as lawyers because legislatures thought that we weren’t strong enough to pursue those occupations,” she said. “And some, some people rightly believe that gender dysphoria may cause may be changed by some children, in some children, but the evidence is very clear that there are some children who actually need this treatment. Isn’t there?”
After Prelogar answered in the affirmative, Sotomayor continued, “Some children suffer incredibly with gender dysphoria, don’t they? Some attempt suicide. Drug addiction is very high among some of these children because of their distress. One of the petitioners in this case described going almost mute because of their inability to speak in a voice that they could live with.”
Conservative Justice Brett Kavanaugh focused his initial questions on whether the democratic process should adjudicate questions of science and policy, asserting that both sides have presented compelling arguments for their respective positions.
There are solutions that would allow policymakers to mitigate concerns with gender affirming medical interventions for minor youth without abridging the Equal Protection clause and Section 1557 of the ACA, Prelogar said.
For instance, “West Virginia was thinking about a total ban, like this one, on care for minors,” she said, “but then the Senate Majority Leader in West Virginia, who’s a doctor, looked at the underlying studies that demonstrate sharply reduced associations with suicidal ideation and suicide attempts, and the West Virginia Legislature changed course and imposed a set of guardrails that are far more precisely tailored to concerns surrounding the delivery of this care.”
She continued, “West Virginia requires that two different doctors diagnose the gender dysphoria and find that it’s severe and that the treatment is medically necessary to guard against the risk of self harm. The West Virginia law also requires mental health screening to try to rule out confounding diagnoses. It requires the parents to agree and the primary care physician to agree. And I think a law like that is going to fare much better under heightened scrutiny precisely because it would be tailored to the precise interests and not serve a more sweeping interest.”
Later, in an exchange with Rice, Sotoyamor said, “I thought that that’s why we had intermediate scrutiny when there are differences based on sex, to ensure that states were not acting on the basis of prejudice.”
She then asked whether a hypothetical law mirroring Tennessee’s that covered adults as well as minor youth would pass the rational basis test. Rice responded, “that just means it’s left to the democratic process, and that democracy is the best check on potentially misguided laws.”
“Well, Your Honor, of course, our position is there is no sex based classification. But to finish the answer, that to the extent that along with dealing with adults, would pass rational basis review, that just means it’s left to the democratic process, and that democracy is the best check on potentially misguided laws.”
“When you’re one percent of the population or less,” said Sotomayor, “it’s very hard to see how the democratic process is going to protect you. Blacks were a much larger percentage of the population and it didn’t protect them. It didn’t protect women for whole centuries.”
National
LGBTQ+ asylum seekers, migrants brace for second Trump administration
Incoming president has promised ‘mass deportations’
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.”
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.”
En Espanol
Activista trans denuncia al Estado salvadoreño ante la CIDH
Karla Guevara dice el país ha violado sus derechos
Karla Guevara, una reconocida activista por los derechos de las personas trans en El Salvador, comunicó su denuncia ante organismos nacionales e internacionales de derechos humanos.
En su petición presentada a la Comisión Interamericana de Derechos Humanos, solicita que se declare la responsabilidad internacional del Estado salvadoreño por violaciones a la Convención Americana sobre Derechos Humanos y la Convención de Belém do Pará. La activista señala que estas vulneraciones han ocurrido en perjuicio de su persona, particularmente en el marco de su lucha por el reconocimiento de su identidad de género.
Desde 2019, Guevara ha enfrentado un complejo y prolongado proceso judicial para obtener el cambio de nombre y género en sus documentos oficiales, debido a la inexistencia de una ley de identidad de género en El Salvador. Actualmente, las personas trans solo pueden recurrir a los juzgados de familia para solicitar dicho reconocimiento, un camino que, como señala la activista, está plagado de obstáculos y re-victimización.
“Como la primera mujer trans en El Salvador en acceder a cambiar de nombre y género en mis documentos de identidad, he luchado desde mi activismo por una Ley de Identidad de Género”, expresó Guevara en una entrevista con Washington Blade.
El proceso iniciado en el Juzgado Primero de Familia de San Salvador en diciembre de 2019 fue inicialmente declarado improponible en enero de 2020. Sin embargo, tras apelar dos veces a la Cámara de Familia, Guevara obtuvo una sentencia favorable en agosto de 2022. La resolución ordenaba el cambio de nombre y género en sus documentos de identidad y la marginación de su partida de nacimiento, pero la Alcaldía Municipal de San Salvador interpuso un amparo que ha impedido la ejecución de esta decisión durante los últimos dos años, alargando a cinco años su búsqueda de reconocimiento oficial.
Tratos discriminatorios y violencia psicológica
Durante este extenso proceso, Guevara denunció ser víctima de tratos discriminatorios y revictimizantes que han afectado su salud mental y vulnerado su integridad personal. Entre estos tratos destacan la patologización y genitalización de su identidad, el escrutinio judicial e inspección física de su cuerpo y el escepticismo constante de las autoridades sobre su femineidad y motivaciones.
“El Estado salvadoreño ha impedido y sigue impidiendo que mi persona cuente con documentos de identidad acordes con mi identidad de género, pese a que existe una sentencia firme que me reconoce este derecho”, declaró Guevara.
Estas experiencias, según la denuncia, constituyen violaciones a su integridad psíquica y violencia psicológica según la Convención de Belém do Pará. Además, Guevara argumenta que el Estado salvadoreño ha vulnerado derechos fundamentales reconocidos en la Convención Americana, como la integridad personal, la protección de la vida privada, la libertad personal, la igualdad ante la ley y las garantías judiciales, entre otros.
Acompañamiento de organizaciones sociales
La denuncia de Guevara cuenta con el respaldo de organizaciones como la Colectiva Feminista para el Desarrollo Local y Synergia, quienes han apoyado su caso ante la CIDH. Estas organizaciones destacan que la falta de una Ley de Identidad de Género en El Salvador perpetúa la discriminación estructural hacia las personas trans. Además, recalcan la importancia de visibilizar casos como el de Guevara para impulsar reformas legales que garanticen el reconocimiento y la protección de los derechos de la población LGBTQ.
“Consideramos que llevar el caso a esta instancia, es la forma más eficiente y efectiva para tener este reconocimiento de las violaciones que el Estado de El Salvador cometió hacia Karla”, expresó Mirta Moragas de Synergía – IHR – Initiatives for Human Rights.
Para Alejandra Burgos de Colectiva Feminista para el Desarrollo Local, es importante mostrar el apoyo a Guevara desde la Red Feminista.
“También mostramos nuestro apoyo con todas las personas trans que no tienen acceso a ser reconocidas con su nombre en este país”, agregó.
Ambas organizaciones reconocen la valentía de Guevara, como también la de muchas organizaciones en El Salvador, que han luchado contra la impunidad ante los crímenes de odio en el país.
Impacto del discurso de odio en El Salvador
El contexto nacional en materia de derechos de la población LGBTQ es preocupante, con un aumento de discursos de odio promovidos por funcionarios públicos, incluyendo al presidente, así como diputados y otras figuras políticas. Este clima hostil, según varios activistas de El Salvador, ha generado retrocesos significativos en materia de derechos humanos. Aseguran que estos discursos no solo perpetúan la violencia y la discriminación, sino que también afectan la capacidad del Estado para cumplir con sus obligaciones internacionales.
El caso de Guevara se suma a una creciente lista de denuncias contra el Estado salvadoreño por violaciones a los derechos humanos de la población LGBTQ. Organismos internacionales, como la CIDH, están llamados a evaluar esta denuncia y emitir recomendaciones que impulsen cambios estructurales en el país.
Colectivo Alejandría y otras organizaciones han instado a la comunidad internacional a presionar al gobierno salvadoreño para que adopte medidas concretas que garanticen el reconocimiento de los derechos de las personas trans, porque las evidencias de un mal proceder son claras.
“Este es un ejemplo claro de todos los desacatos del Estado salvadoreño, con órdenes judiciales estrictas y específicas”, expresa Aranza Santos de Colectivo Alejandría.
Un camino hacia la justicia
El proceso de Guevara es un recordatorio de la urgente necesidad de una legislación inclusiva en El Salvador. Su lucha es un símbolo de resistencia y esperanza para la población trans, que enfrenta diariamente barreras legales y sociales para vivir con dignidad. Con el apoyo de organizaciones diversas organizaciones que luchas por los derechos de la población LGBTQ, Guevara continúa su batalla no solo por su reconocimiento personal, sino por el derecho de toda una comunidad a ser vista, escuchada y respetada.
En un contexto marcado por retrocesos en derechos humanos, el caso de Guevara resalta la importancia de construir un país más inclusivo y justo, donde todas las personas puedan vivir libres de violencia y discriminación.
AIDS and HIV
New monument in West Hollywood will honor lives lost to AIDS
In 1985, WeHo sponsored one of the first awareness campaigns in the country, nationally and globally becoming a model city for the response to the epidemic
December is AIDS/HIV awareness month and this year West Hollywood is honoring the lives lost, by breaking ground on a project in West Hollywood Park that has been in the works since 2012.
Members of Hollywood’s City Council joined representatives from the Foundation of AIDS Monument to announce the commencement of the construction of STORIES: The AIDS Monument, which will memorialize 32 million lives lost. This monument, created by artist Daniel Tobin, will represent the rich history of Los Angeles where many of those afflicted with HIV/AIDS lived out their final days in support of their community.
Tobin is a co-founder and creative director of Urban Art Projects, which creates public art programs that humanize cities by embedding creativity into local communities.
The motto for the monument is posted on the website announcing the project.
“The AIDS Monument:
REMEMBERS those we lost, those who survived, the protests and vigils, the caregivers.
CELEBRATES those who step up when others step away.
EDUCATES future generations through lessons learned.”
The monument will feature a plaza with a donor wall, vertical bronze ‘traces’ with narrative text, integrated lighting resembling a candlelight vigil, and a podium facing North San Vicente Blvd.
World AIDS Day, which just passed, is on December 1st since the World Health Organization declared it an international day for global health in 1988 to honor the lives lost to HIV/AIDS.
The Foundation for the AIDS monument aims to chronicle the epidemic to be preserved for younger generations to learn the history and memorialize the voices that arose during this time.
The HIV/AIDS epidemic particularly affected people in Hollywood during the onset of the epidemic in the 1980s. The epidemic caused a devastatingly high number of deaths in the city. The city then became one of the first government entities to provide social service grants to local AIDS and HIV organizations.
In 1985, the city sponsored one of the first awareness campaigns in the country, nationally and globally becoming a model city for the response to the epidemic.
Earlier this year, the U.S. Centers for Disease Control and Prevention released the theme for World AIDS Day, ‘Collective Action: Sustain and Accelerate HIV Progress.’
The city of West Hollywood continues to strive to become a HIV Zero city with its current implementation of HIV Zero Initiative. The initiative embraces a vision to “Get to Zero” on many fronts: zero new infections, zero progression of HIV to AIDS, zero discrimination and zero stigma.
Along with the initiative and the new AIDS monument, the city also provides ongoing support and programming through events for World AIDS Day and the annual AIDS Memorial Walk in partnership with the Alliance for Housing and Healing.
For more information, please visit www.weho.org/services/human-services/hiv-aids-resources.
World
Out in the World: LGBTQ+ news from Europe, Asia, and Canada
Slovenia court rules same-sex couples have constitutional right to assisted reproduction
SLOVENIA
The Constitutional Court has issued a ruling that laws barring same-sex couples and single women from accessing assisted reproduction are unconstitutional discrimination.
The court has left the laws in place while giving parliament one year to bring the laws governing assisted reproduction into compliance with the constitution.
The Slovenian LGBTQ+ advocacy group LEGEBITRA celebrated the ruling in a post on its web site.
“The decision of the Constitutional Court is a victory for all those who wanted to start a family in Slovenia and were unfairly deprived of this opportunity in the past. Rainbow (and single-parent) families are part of our society, and their children are part of the community in the country in which they live and grow up. It is only fitting that their story begins here,” the post says.
The Treatment of Infertility and in Vitro Fertilization Procedures Act has had its restrictions on single women and same-sex couples from fertility treatment targeted by progressive legislators since it was introduced in 2000.
Amendments that would have allowed single women to access in vitro fertilization were passed in 2001 but were immediately put to a citizen-initiated referendum, which voted them down.
Since then, the former Yugoslav republic has undergone a number of progressive changes, including joining the European Union in 2004 and gradually expanding LGBTQ+ rights.
In 2020, a group of legislators from the Left party asked the Constitutional Court to review the law, and the following year, their request was joined by the state’s Advocate for the Principal of Equality.
The court spent more than four years deliberating the appeal, during which time it also struck down laws banning same-sex marriage in 2022. Parliament later amended the law so that same-sex couples enjoy all rights of marriage, including adoption, but left the ban on assisted reproduction in place.
The Slovenia Times reports that the ruling was welcomed by the governing coalition, which includes the Left party. The government has pledged to move quickly to implement the ruling.
“This corrects one of the gravest injustices done to women by right-wing politics and the Catholic Church in Slovenia, who denied women the right to become mothers,” the Left said.
The case was brought by a group of left-leaning MPs four years ago — but perhaps the delay is related to the fact that in that time, the court also struck down the ban on same-sex marriage in 2022.
RUSSIA
Russian authorities raided three nightclubs in Moscow over the weekend as part of the state’s deepening crackdown on LGBTQ+ people and expression, Radio Free Europe reports.
The raids took place late Saturday night and early Sunday morning at the Mono, Arma, and Simach nightclubs in the capital. All three clubs have been known to host themed events for LGBTQ+ clientele.
According to Russian state-owned media outlet TASS and several Telegram channels, patrons, and employees of the clubs were forced to lie on the floor with their hands behind their heads before they were carted away in police wagons. Patrons and workers had their phones, laptops, and cameras seized and documents inspected
It’s not yet known what prompted the raids, although Russian authorities frequently claim to be inspecting for illegal substances and drug users.
Russian authorities have carried out several raids on LGBTQ+ establishments since the passage of a law banning positive portrayals or information about queer people in 2022. Last year, the Russian Supreme Court ruled that the “international LGBT movement” is an “extremist organization” and granted a request from the Ministry of Justice to ban it from the country.
Russia’s crackdown on LGBTQ+ rights has inspired copycat legislation among its neighbors, notably in Georgia, Belarus, and Kyrgyzstan.
CANADA
A small town in Northern Ontario has been fined C$10,700 (approximately $10,000) for its refusal to issue a Pride Month declaration or raise the rainbow flag.
The town of Emo population 1,300, which sits on the border with Minnesota about 200 miles northwest of Duluth, had been requested to issue the Pride declaration by Borderlands Pride in 2020 and raise the flag for one week, but the town council refused in a 3-2 vote, prompting a years-long legal battle.
Last week, that came to an end as the Ontario Human Rights Tribunal found the town and its mayor guilty of discrimination and ordered the town to pay Borderlands Pride C$10,000 in compensation, and the mayor to pay an additional C$5,000 ($3,559.92).
“We didn’t pursue this because of the money. We pursued this because we were treated in a discriminatory fashion by a municipal government, and municipalities have obligations under the Ontario Human Rights Code not to discriminate in the provision of a service,” Doug Judson, a lawyer and board member of Borderlands Pride, told CBC News.
The tribunal also ordered the mayor to take a Human Rights 101 training course offered by the Ontario Human Rights Commission within 30 days.
Mayor Harold McQuaker has not commented publicly on the ruling.
CHINA
Calls for Hong Kong government’s to officially recognize same-sex unions have intensified after the city’s Court of Final Appeal issued rulings last week that affirmed lower court rulings that found same-sex couples have equal rights to inheritance and social housing as heterosexual couples.
The ruling was in line with a similar ruling issued last year by the city’s top court, in which the city was ordered to provide legal recognition for same-sex couples by September 2025.
The new ruling with facilitate same-sex couples’ access to public housing, a vital need in one of the world’s most housing-crunched cities. The ruling also affirms that same-sex spouses can inherit public housing from a deceased spouse.
In both cases, the ruling only applies to spouses who have legally married overseas, because Hong Kong does not yet have a way for same-sex couples to legally register their relationships.
The nearest places where same-sex Hong Kong citizens can marry are Australia and the U.S. territory of Guam, with Thailand becoming available in the new year. Although same-sex marriage is legal in nearby Taiwan, residency requirements may block access there.
Although legislators have been slow to act on demands for civil unions or same-sex marriage, Hong Kongese same-sex couples have gradually gained access to more rights through court actions.
The Court of Final Appeal has previously ordered the government to have foreign marriages recognized for immigration purposes, to allow same-sex couples to file their taxes jointly, and to stepchild adoption.
Uganda
Ugandan court awards $40K to men tortured after arrest for alleged homosexuality
Torture took place in 2020 during COVID-19 lockdown
A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.
The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”
“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”
The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.
“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.
The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”
Consensual same-sex sexual relations remain criminalized in Uganda.
President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ+ activists continue to challenge the law.
Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”
World
Out in the World: LGBTQ+ news from Europe and South America
Spanish jury convicts four men accused of killing gay man in 2021
RUSSIA
Russian President Vladimir Putin signed into a law a bill banning adoption of Russian children into countries where gender transition is legal, citing the supposed danger that adopted children might be given gender care. The Russian parliament had passed the law earlier in the week.
The adoption ban applies to at least 15 countries in Europe, Canada, Argentina, Australia, and New Zealand. American citizens have already been banned from adopting Russian children since 2012.
The new adoption ban is an escalation of a previous law passed in 2014 that banned adoption by same-sex couples or by single people in countries where same-sex marriage is legal.
The speaker of Russia’s lower house of parliament, Vyacheslav Volodin, who also co-authored the bill, defended the bill’s aims in a Telegram post this summer.
“It is extremely important to eliminate possible dangers in the form of gender reassignment that adopted children may face in these countries,” Volodin wrote.
The bill is part of an escalating crackdown on LGBTQ people in Russia.
In 2022, Russia extended a law banning distribution of “LGBTQ propaganda” to minors so that it now bans all information about LGBTQ+ people or issues to anyone. Last year, Russia banned all gender transition procedures and the supreme court declared the “international LGBTQ+ movement” to be an extremist organization.
The crackdown has led many LGBTQ+ organizations and businesses to close or go underground amid threats and raids by authorities.
PERU
The congressional justice committee voted 12-9 with four abstentions to advance a bill to legalize civil unions for both same-sex and opposite sex couples, which would for the first time give same-sex couples legal rights in the South American nation. The bill now heads to the full congress for approval.
Efforts to gain legal recognition for same-sex unions in Peru had been stalled for more than a decade, as lawmakers had generally been hostile to the idea. In that time, most Latin American countries have legalized same-sex marriage or civil unions, including all of Peru’s neighbors, Colombia, Ecuador, Brazil, Bolivia, and Chile. Peru is the largest country in Latin America that does not recognize same-sex unions.
The civil union bill may be an effort to forestall a rival bill seeking to legalize same-sex marriage proposed by lesbian lawmaker Susel Paredes.
“My fight is for full equality of rights, for our partners, our children, and our families. I am convinced that it is necessary to achieve equal marriage, and it is for this institution that I will continue to fight,” Paredes wrote on her X account.
But other LGBTQ activists think the bill would still be a major advancement for queer Peruvians.
“Civil union is not ideal, but it is a step in the right direction to achieve equal rights for all Peruvians,” former congressman Carlos Bruce wrote on his X account. Bruce married his partner in Madrid in August, and currently serves as the mayor of the Surco neighborhood of Lima.
The bill gives couples in a civil union many of the rights afforded to married couples, including property rights, alimony, medical decisions, conjugal visits, inheritance rights, death benefits, tax rights, and pensions. However, it does not allow couples the right to adopt or to be recognized as parents of each other’s children. Couples in civil unions will not be recognized as families.
SPAIN
Four men were convicted over the weekend for a homophobic murder that sparked nationwide protests in 2021.
Samuel Luiz was a 24-year-old nursing assistant who was assaulted by a group of people outside a nightclub in A Coruña in Galicia on July 3, 2021. He later died in the hospital of his injuries.
After five days of deliberations, a jury found Diego Montaña, Alejandro Freire, and Kaio Amaral guilty of aggravated murder, and Alejandro Míguez of being an accomplice. The prosecution has asked for sentences of between 22 and 27 years.
The initial investigation had uncovered that up to 12 people were involved in the beating of Luiz. The attack took place over more than 15 minutes and covered more than an eighth of a mile as Luiz attempted to escape. Two Senegalese hawkers attempted to intervene to halt the attack and were attacked themselves. Witnesses said they heard the attackers accuse Luiz of being gay and used homophobic slurs during and after the attack.
The barbaric murder sparked demonstrations across Spain and made headlines around the world.
In Spain, many pundits and activists drew a link between the murder and the anti-LGBTQ+ rhetoric of the far-right Vox Party, which is part of the government in several Spanish regions.
AZERBAIJAN
The U.N. COP29 Climate Change Conference ended without a planned update to the Gender and Climate Change Work Program after concerted opposition from the Vatican, Saudi Arabia, Russia, Iran, and Egypt, who feared that references to “gender” might be interpreted to include trans people and queer women.
The UN Climate Change Conference first adopted its Gender Work Program in Lima, Peru, in 2014, acknowledging that the impacts of climate change are borne disproportionately by women and girls, due to their frequently more precarious economic and social positions relative to men.
The Lima Program is due to expire this year, and in talks to renew it, a coalition of European, African, and Latin American countries had wanted COP29 to add a line recognizing that the impact of climate change on women can vary depending on their “gender, sex, age, and race.”
But the group of countries opposed to the new language argue that it legitimizes transgender people and may be code for promoting sexual expression and homosexuality.
Without unanimous support for a new program, the Lima Program would expire with no replacement.
Ultimately, the gender opponents got their way, and the new language was stripped from the COP29 communique. The countries participating agreed to extend the Lima Program unamended for another decade, while also developing a new gender action plan for adoption at COP30, scheduled to be held next November in Belem, Brazil.
UNITED KINGDOM
The U.S.-based training group SAGECare, which provides LGBTQ+ aging cultural competency training for health care workers, is teaming up with the UK’s LGBT Foundation to bring enhanced training for care facilities in the UK.
In a press release announcing the partnership, LGBT Foundation CEO Paul Martin says SAGECare will help fill a gap in elder care for LGBTQ+ Britons while also enhancing care businesses’ ability to compete for LGBTQ+ market.
“LGBTQ+ health and wellbeing are at the heart of everything we do,” Martin says. “We look forward to using our combined expertise to build a more equitable society.”
SAGE has advocated for LGBTQ elders in the U.S. since 1978, and according to its website, it has trained more than 270,000 workers in LGBTQ+ cultural competency.
Politics
Trump nominates gay man for Treasury secretary
Hedge fund executive would be the second openly gay cabinet secretary
President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.
Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.
“Trump’s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trump’s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.
“Scott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trump’s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”
Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”
Equality Forum Executive Director Malcolm Lazin added, “If confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”
Asia
Transgender activists celebrate legal advances in India, Pakistan
Akkai Padmashali on Nov. 12 obtained passport for child
Transgender activists in India and Pakistan are celebrating two legal advances in their respective countries.
Akkai Padmashali, an Indian trans activist, made history on Nov. 12 by obtaining a passport for her 5-year-old child, Avin, without including a father’s name. As a trans woman and single mother, she set a precedent not only for the trans community but for all women in the country raising children on their own.
Padmashali, who is one of India’s most prominent trans activists, in 2019 became the first trans woman in the country to officially adopt a child. A year earlier, she made history in Karnataka by becoming the first trans woman in the state to register her marriage with her husband, Vasudev V.
Padmashali expressed her joy to the media when she adopted Avin, stating she had always dreamed of becoming a mother.
“It has been my dream and desire,” said Padmashali in 2019. “Our families have accepted the baby. It’s heart-warming to see the little one playing on my mother’s lap. I just hope that he does not face any kind of discrimination and social stigma when he grows up.”
In 2019, the same year Avin was born, parliament passed the Transgender Persons (Protection of Rights) Act.
The law seeks to safeguard the rights of trans people and promote their welfare. It includes provisions for issuing identity certificates, protecting against discrimination in education, employment, healthcare, and other sectors, and establishing welfare programs. The law also addressed physical, sexual, verbal, emotional, and economic abuse through protections and rehabilitation programs, introduced complaint officers to handle grievances, and outlined penalties for offenses against trans people.
The Narendra Modi-led government on Dec. 23, 2016, amended the passport policy to accommodate single parents and others who may not wish to include a father’s name in the application. This move was part of broader efforts to streamline and liberalize the passport process in India. One significant change was the modification of the application form, allowing applicants to list either the mother’s name, father’s name, or legal guardian’s name, instead of requiring both parents’ names. The change sought to benefit single mothers, orphans, and children raised by legal guardians.
Padmashali during an interview with the Washington Blade emphasized this issue extends beyond the trans community.
“This is not a question of the community—maybe a single mother, a single parent, most of the women across the world,” she said.
“People are struggling with the identity crisis,” Padmashali added. “In a system of majoritarian, there are so many people who are in the process of questioning the notion of marriage, questions the notion of civil relationship or partnership. Especially in my case, born a male, transformed into a female, and challenged the notion of patriarchal institutions in that way. I claim myself as a woman and also adopting a child, getting the child every document from the government is a big challenge. Especially in the state of Karnataka, I did not find it challenging — very supportive officers, a very supportive government, and a very supportive environment.”
Padmashali told the Blade she was very happy with the process of obtaining a passport for her child, describing it as completely hassle-free.
“I think the passport authority of this country is very sensitive. The passport gives a certain amount of recognition, especially for the transgender community,” said Padmashali. “Many transgender women have also adopted children, but [are] struggling with lots of identity crises.”
“In my case, it was a completely different scenario, I got my passport as a female, and Avin’s also getting the passport without naming the father, I think it’s a national issue,” she added. “From the transgender person’s point of view, I am happy that my Supreme Court has recognized the community and the parliament has recognized the Transgender Protection Act. India is in process of progressing, I would say.”
Pakistan’s Sindh province could implement first-ever Transgender Education Policy
Authorities in in Pakistan’s Sindh province — the country’s third-largest by land and its second most populous — on Nov. 13 approved the first-ever Transgender Education Policy.
The policy includes a separate category for trans children on school and college admission forms, alongside existing male and female options.
Sindh Education Minister Syed Sardar Ali Shah chaired the meeting during which the Transgender Education Policy was approved. A press release says it will now go before the provincial Cabinet for final approval.
The press release notes the proposed policy seeks to eliminate discrimination by providing education for trans children, and introducing job quotas for trans people in the recruitment of teachers.
The Sindh government says trans activists and advocates helped develop the policy.
Shah highlighted the significant challenges faced by the trans community in accessing education, including prejudice, mistreatment, and exclusion. He noted that financial constraints and limited employment opportunities often make education unaffordable, while the fear of harassment in educational institutions further deters transgender individuals from pursuing it. Shah also emphasized that the policy aims to safeguard the identity, safety, and educational needs of trans people.
The press release notes the policy also includes training for teachers to understand the psychological and educational challenges that trans children face. It also aims to develop skills among trans people, and foster a harassment-free environment within educational institutions. The policy seeks to raise public awareness about the need to promote equal opportunities and rights for trans people.
Anusha Tahir Butt, chair of the Transgender Empowerment Organization, said the Transgender Education Policy’s initial approval as a significant step towards greater inclusion and equality for trans people.
“This policy acknowledges the challenges faced by transgender individuals in accessing education and employment, offering them a dedicated space in schools, colleges, and government jobs,” said Butt. “It’s a much-needed step in breaking down the societal barriers of discrimination, harassment, and exclusion that transgender people often face.”
“By including separate categories for transgender children on admission forms and reserving job quotas, Sindh is helping to create a more supportive and equitable environment,” she added. “The policy also focuses on teacher training, anti-harassment measures, and skill development programs, all of which contribute to empowering transgender individuals to lead independent, fulfilling lives. This is a powerful example of how policy can drive social change and encourage a more inclusive society in Pakistan. “
Butt noted societal stigma and prejudice against the LGBTQ+ community remain deeply entrenched in Pakistan, particularly in conservative areas.
“Discrimination and harassment in educational institutions could deter transgender and LGBTQ students from pursuing their education, despite the policy’s provisions for anti-harassment measures,” she said. “Furthermore, effective implementation could be challenged by limited resources, infrastructure, and political will, particularly in rural areas. Bureaucratic delays and gaps in broader legal protections for LGBTQ rights may also impede the progress of these initiatives.”
News
Trump’s vow to invoke national emergency powers and use military force for mass deportations roils LA
Fearing loss of constitutional rights, executive overreach, and military involvement in civil law enforcement, immigration community scrambles
Donald Trump has made clear his intention to begin mass deportations immediately upon taking office on January 20, 2025, a promise he made repeatedly during his 2024 presidential campaign.
“On Day 1, I will launch the largest deportation program in American history to get the criminals out,” he declared during a rally at Madison Square Garden in the final days of the presidential race. “I will rescue every city and town that has been invaded and conquered, and we will put these vicious and bloodthirsty criminals in jail, then kick them the hell out of our country as fast as possible.”
This week, for the first time, Trump vowed to invoke national emergency powers to execute this plan and, particularly troubling, will use the Armed Services to do so.
National emergency declarations have long been used by U.S. presidents to access extraordinary powers, often bypassing congressional oversight. The National Emergencies Act (NEA) of 1976 was designed to prevent unchecked executive authority, but its provisions have failed to effectively curb presidential overreach. While the act sets guidelines for declaring national emergencies, presidents have frequently invoked this power to justify wide-ranging actions, from military interventions (abroad) to surveillance programs (domestically and abroad).
For example, in the aftermath of the September 11 attacks, President George W. Bush invoked national emergency powers to pass the Patriot Act, which allowed for sweeping surveillance and counterterrorism measures with minimal congressional oversight. This precedent establishes a concerning foundation for Trump’s proposed use of emergency powers in the realm of immigration enforcement.
Trump’s pledge to invoke emergency powers to detain, round up, and deport over 11 million undocumented immigrants would result in a domestic military operation of unprecedented scale.
He vows to build “vast holding facilities that would function as staging centers” for immigrants as their cases progressed and they waited to be flown to other countries. While large-scale deportation efforts have been attempted in the past—most recently President Eisenhower’s “Operation Wetback” in the 1950s, which deported 1.1 million people—today’s proposed numbers are far greater. Even the Obama administration, which deported 1.8 million people during its tenure, faced significant legal and logistical hurdles that made large-scale deportations difficult to carry out quickly and without consequence.
Many hurdles exist.
Legal challenges are almost certain to engulf Trump’s administration should it pursue such a plan. These challenges will include key issues such as whether the president can lawfully bypass Congress to enforce mass deportations. There will also be significant legal disputes surrounding the treatment of detained immigrants, particularly their Due Process rights under the U.S. Constitution.
The 2018 Supreme Court case Jennings v Rodriguez, reaffirmed that due process protections apply to all individuals on U.S. soil, regardless of immigration status, guaranteeing them rights such as bond hearings and access to counsel.
Any attempt to bypass these rights would invite immediate and substantial legal challenges, further complicating Trump’s efforts.
In addition to these legal complexities, the logistical challenges of executing such a massive operation would be immense. Deporting millions of individuals would require extensive resources for transportation, housing, medical care, and sustenance. Some estimate the price tag could exceed $300 billion dollars.
The U.S. government would need to significantly expand detention facilities and infrastructure to accommodate such a large influx of detainees.
Historical attempts to increase detention capacity, such as the family detention centers under Obama, faced severe criticism for overcrowding, inhumane conditions and the violation of human rights.
Legal objections are likely to arise concerning the use of armed military personnel in civilian spaces. Deploying military forces for domestic law enforcement operations could violate the Posse Comitatus Act, which restricts the use of military personnel in civilian law enforcement activities. Previous efforts to militarize U.S. immigration enforcement—such as the use of the National Guard at the U.S.-Mexico border—faced constitutional challenges and public backlash.
If Trump proceeds with using the military for mass deportations, it would almost certainly prompt immediate legal challenges based on this law.
Trump has long expressed disdain for the traditional system of checks and balances, viewing even basic constitutional arguments as an obstacle to his leadership.
He has shown that he will not hesitate to bypass Congress and other governmental processes for key appointments. For example, during his first term, Trump repeatedly sought to circumvent the Senate confirmation process, such as with his appointments to the Department of Justice and Health and Human Services, where he clashed with Senate Democrats over key nominations.
Trump is not shy about his broader desire to centralize power within the executive branch, diminishing the role of both the legislative and judicial branches. His antagonism toward agencies like the National Security Council and the Homeland Security Council—which he has accused of undermining his administration—further underscores his aim to weaken institutional checks on executive power. If unchecked, we could see a presidency where unilateral decisions by the executive become the norm, with minimal oversight from Congress or the courts.
Already, Trump has signaled his intent to appoint loyalists to key agencies, many of which he clashed with or feels have hindered his agenda. Examples include his controversial Pentagon appointments, as well as his selection of Director of National Intelligence and Health and Human Services leaders, who have been seen as part of his push to exert more control over agencies he perceives as obstructionist or hostile. He has already assigned a Border Czar, Tom Homan, who separated thousands of families at the border during Trump’s first term; that policy resulted in children never again being found.
Seizing emergency powers would allow Trump to bypass some, but not all, political and legal barriers to implementing his deportation plan.
To make it more feasible, he would likely need to suspend aspects of Due Process protections, militarize public spaces and bypass rules surrounding the detention of individuals without adequate hearings or access to credible legal counsel. This would create a system where any individual could be detained, processed and deported with no actual regard for constitutional protections.
In short, a frustrated Trump—empowered by a Republican-majority Congress and a potentially willing DOJ and Supreme Court—might attempt to suspend the constitution.
This is not without precedent.
Over 120,000 people of Japanese descent were interned in camps throught out the US during World War II, including 20,000 at Los Angeles County’s Santa Anita Assembly Center. (Photo: PBS)
In 1862, President Lincoln issued Presidential Proclamation 94 which suspended the writ of habeas corpus. (Photo from National Archives education division)
During the Civil War, Abraham Lincoln suspended habeas corpus to suppress dissent, and during World War II, Franklin D. Roosevelt’s internment of Japanese Americans involved the suspension of their constitutional rights in the name of national security.
While these actions were taken during times of war, they set dangerous precedents for the suspension of civil liberties in the face of perceived national crises. Trump has called the immigration an ‘invasion’ and has referred to migrants and their protectors as the ‘enemy within.’
Though few are publicly contemplating this possibility, we must acknowledge that we are on a trajectory toward some form of civil rights suspension, and certainly, we are witnessing a potential for widespread executive overreach.
At the local level, cities and states have vowed to resist Trump’s immigration plans.
The Los Angeles City Council has declared itself a Sanctuary City, and Mayor Karen Bass has pledged that no city resources or personnel will support deportation efforts.
Similarly, Governor Gavin Newsom of California has made declarations on behalf of the state.
However, these measures do not prevent the federal government from taking action on the ground.
In fact, Trump and Congress have the authority to terminate federal funding to uncooperative states and local governments.
In 2021, for example, California received over $150 billion in federal funding, which could be withheld as political leverage at every turn to force compliance with federal immigration policies.
Most immigration rights advocates, attorneys and others want to point out that there is every reason to remain hopeful and that Due Process rights, good judges and justice minded citizens will work to protect most people from unjust treatment and deportation.
However, it’s not clear what Due Process or advocacy might look like if Trump militarizes the process and suspends the Constitution.
There are currently several immigration violations that could lead to the deportation of individuals attempting to remain in the U.S. and people who entered the country without authorization are often a focus of immigration enforcement, particularly under the Trump administration.
However, the specifics of deportation policies can vary and it’s important to note that many individuals who entered the U.S. improperly have remained in the country for years, blending into communities.
Some of these individuals have applied for asylum or are in the process of adjusting their status through other legal avenues, such as family-based petitions or employment-based green card applications.
The process for detaining and deporting these individuals can depend on several factors, including whether they have a criminal record, whether they are in removal proceedings or their current legal status.
Ally Bolour, a well-known immigration attorney based in Los Angeles, says he has faith in Due Process but is “concerned that the process may become much more restrictive and that due process may be minimal and not applied fairly.”
Bolour has since 1996 worked with individuals facing deportation and specializes in cases involving people who have entered the U.S. without authorization and those seeking asylum.
“Sensitivity to the queer minority is going to be minimal,” under Trump’s immigration system, he says.. “They won’t care. It’s literally a fact that, if you are a gay person fleeing the Islamic Republic, you’re fleeing because they’re gonna hang you. Credible fear. But after January 20, as I see it,chances of a gay Iranian being able to and pass the credible fear becomes more difficult than it is today.”
Los Angeles Blade spoke with Bolour about 23 year old Jesus, one of the more than 200,000 LGBTQ immigrants who have made their way to California in the past few years.
His immigration situation as an asylum seeker today illustrates the impact a growing maze of intentional legal and bureaucratic hurdles has on immigrants’ ability to advance their cases.
Jesus made his way to the U.S. seeking refuge from the violence and instability that defined his life in Venezuela.
Born in Caracas, Jesus’ childhood was marked by the unraveling of his family’s middle-class life as Venezuela descended into political and economic chaos. His father, once a government worker loyal to Hugo Chávez, witnessed the system’s collapse from within. He refused to comply with orders from high-ranking officials like Diosdado Cabello, resulting in the family’s swift downfall.
Jesus’ early years were defined by loss, as their possessions and status vanished, leaving them targets of a ruthless government.
Venezuela’s economic collapse, particularly between 2013 and 2023, created unimaginable hardship. Hyperinflation and a crumbling economy made basic necessities unattainable, and survival became a daily struggle. But for Jesus, being gay in a country that became increasingly hostile to LGBTQ people added another layer of peril.
“In Venezuela, being gay isn’t just a social challenge—it’s a potential death sentence,” he explains, recalling countless friends lost to violence or suicide. The societal rejection and threats, he says, were constant.
Faced with this brutal reality, Jesus made the decision to flee Venezuela. “It wasn’t impulsive; it was a matter of survival” he says. Part of a larger wave of over 7 million Venezuelans fleeing the country, Jesus traveled to Mexico City, then to Tijuana, before crossing the U.S. border on foot near San Diego. He chose to surrender to U.S. border authorities, a decision that led to his detention across various facilities in the Southwestern and Southeastern U.S.
During his six months in detention, Jesus faced COVID-19, potential deportation, and constant uncertainty. Yet, even in these grim circumstances, he found a sense of community among other LGBTQ detainees. “We watched out for each other,” he recalls. Eventually, a friend bailed him out.
Today, Jesus works and lives in California, grateful for his newfound safety but now facing the prospect of having his American journey crushed by Donald Trump.
Jesus mingles in the crowd at a recent Washington DC Pride celebration. (Photo by Los Angeles Blade)
Because he crossed the U.S. border illegally, his designation remains “Entered Without Inspection” (EWI)—a status that may pose a significant threat to his ability to remain in the country.
Trump’s immigration round up plan appears to target individuals with EWI status no matter how long they have been in the country or where they are in the process of becoming a visa holder (witness his determination to remove even American-born adult children of elderly immigrants in this status).
In an effort to strengthen Jesus’ case, his attorney has suggested a bold and complicated strategy: leave the U.S. and re-enter through legal channels.
Attorney Bolour says he would advise against this strategy for someone like Jesus.
“For those with pending asylum applications and an expired TPS, it is very difficult to obtain Advanced Parole,” he says. “There are significant risks involved.” He recommends that people in this situation “do not travel until they have some form of approved status, such as TPS.”
Bolour notes that “every case is different” and it is imperative that people “consult with counsel before making any firm decisions.”
In the case of Jesus, if he was able to wipe the EWI status from his record, it might help him avoid the First Country Rule.
This rule mandates asylum seekers apply for asylum in the first country they reach after fleeing their home country, and for Jesus, that country was Mexico. If he were able to reset his immigration record, this rule might potentially no longer apply to him.
However, his ability to exit the US and reenter is made risky because his Temporary Protected Status , which had allowed him to stay in the U.S. without fear of deportation, expired in March 2024. Since then, he has been waiting for his renewal application to be processed.
TPS was set for automatic renewal but the system has conveniently failed to renew status for thousands of people.
Without a valid TPS, Jesus cannot legally leave the U.S., as doing so would trigger an automatic ban on his re-entry.
To leave the country legally, he would need to apply for Advanced Parole, a document that permits individuals to travel abroad temporarily without risking their legal status.
But obtaining Advanced Parole is no simple feat. The application process can take months and even if expedited, there is no guarantee of timely approval. It’s impossible, however, without an active TPS.
The intersection of expired TPS, bureaucratic delays and the looming threat of U.S. military lead deportation and harsh immigration policies leaves Jesus in a state of perpetual uncertainty.
Bolour says everyone “must be prepared for the worst possible outcome: a systematic erosion of civil rights, aggressive federal action, and a significant legal, human rights, and constitutional crisis.”
To that end, Bolour says the most important thing any person facing immigration challenges should have, is a plan:
- Remain Calm:
- Stay calm and do not physically resist. Immigration agents have the authority to detain you, but resisting can lead to additional charges or complications.
- NOTE: If agents appear at your door with a warrant for your arrest, do not let them in unless the warrant has been signed by a judge.
- Know Your Rights:
- You have the right to remain silent and not answer questions about your immigration status. You also have the right to ask for a lawyer. Remember, anything you say can be used against you in the future.
- You have the right to remain silent and not answer questions about your immigration status. You also have the right to ask for a lawyer. Remember, anything you say can be used against you in the future.
- Request to Contact an Attorney:
- Ask to speak with an immigration attorney immediately. You have the right to legal counsel, and an attorney can guide you through the process and ensure your rights are protected.
- Ask to speak with an immigration attorney immediately. You have the right to legal counsel, and an attorney can guide you through the process and ensure your rights are protected.
- Do Not Sign Any Documents Without Legal Advice:
- Do not sign anything without understanding what it means. Immigration officials may ask you to sign forms or waivers, which could impact your case. Consult with an attorney before signing any documents.
- Do not sign anything without understanding what it means. Immigration officials may ask you to sign forms or waivers, which could impact your case. Consult with an attorney before signing any documents.
- Provide Only Basic Information:
- Only provide your name, address, and date of birth. Avoid answering other questions or providing more personal information without a lawyer present.
- Only provide your name, address, and date of birth. Avoid answering other questions or providing more personal information without a lawyer present.
- Limit Social Media posts:
- Do not post private information or photos and restrict your interactions to known participants. If your page is public, set to friends only and do not share your location.
- Do not post private information or photos and restrict your interactions to known participants. If your page is public, set to friends only and do not share your location.
- Document the Detention:
- If possible, have a trusted friend or family member document your detention, including the time, location, and agents involved. This information can be important for legal proceedings or for advocacy groups that may assist in your case.
- If possible, have a trusted friend or family member document your detention, including the time, location, and agents involved. This information can be important for legal proceedings or for advocacy groups that may assist in your case.
- Exercise Your Right to Make a Phone Call:
- You have the right to make a phone call to family, friends, or your attorney. Immigration authorities should allow you to call a lawyer, though this may vary by location.
- You have the right to make a phone call to family, friends, or your attorney. Immigration authorities should allow you to call a lawyer, though this may vary by location.
- Request a Hearing:
- You have the right to request a hearing in front of an immigration judge. Your attorney can help you with this process and inform you of any options for contesting your detention.
- You have the right to request a hearing in front of an immigration judge. Your attorney can help you with this process and inform you of any options for contesting your detention.
- Avoid Talking About Your Case:
- Do not discuss your case with other detainees, as it may be used against you. Stick to speaking with your lawyer or trusted individuals.
- Do not discuss your case with other detainees, as it may be used against you. Stick to speaking with your lawyer or trusted individuals.
- Stay in Contact with Support Networks:
- Keep your family, friends, and advocacy organizations informed about your situation so they can assist with legal or practical needs during the detention process.
- Keep your family, friends, and advocacy organizations informed about your situation so they can assist with legal or practical needs during the detention process.
- Create an emergency notification group:
- If you are detained or face any urgent situation, inform a trusted core group of family and friends who can collaborate to assist you.
By following such steps, Bolour says, you can help ensure that your legal rights are respected and that you have the best chance of navigating the immigration detention process effectively.
“It is affecting my health and I don’t know what my real options are,” says Jesus. “They keep adding rules and conditions and slowing my ability to keep the case up to date. It’s like a game of musical chairs where you run out of time to get to the right place before Trump stops the music.”
“But,” adds Jesus, “I am not going to give up. I can’t. Even though I don’t know what’s next.”
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