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ICE releases transgender asylum seeker from Honduras

Kelly González Aguilar detained for more than two years

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Kelly González Aguilar had been in ICE custody at the Aurora Contract Detention Facility in Aurora, Colo. (Photo by Keith Gardner/U.S. Immigration and Customs Enforcement)

U.S. Immigration and Customs Enforcement this week released a transgender woman from Honduras who had been in their custody for more than two years.

The [email protected] Coalition in a tweet said ICE released Kelly González Aguilar from the Aurora Contract Detention Center, a privately-run facility in suburban Denver, on July 14. The tweet — which had pictures of González after her release — said she had been in ICE custody for 1,051 days.

González had previously been detained at the privately-run Cibola County Correctional Center in New Mexico where ICE in 2017 opened a unit specifically for trans women in their custody.

The [email protected] Coalition in an April press release notes González asked for asylum in the U.S.

“Because of her gender identity, Kelly has experienced relentless violence and abuse since she was a child in Honduras,” reads the press release.

The [email protected] Coalition, which is among the advocacy groups that urged ICE to release González, notes she remained in custody, despite her eligibility for parole.

The advocacy group in April released a video in which González and other trans ICE detainees at the Aurora Contract Detention Center spoke about their concerns over the coronavirus inside the facility. The [email protected] Coalition is among the organizations that have called for ICE to release people with HIV and other detainees who are more vulnerable to the pandemic.

“It was time that ICE made the right decision,” [email protected] Coalition President Bamby Salcedo told the Los Angeles Blade on Thursday in a text message. “The release of Kelly was made possible because of the pressure of the people.”

Salcedo said upwards of 80,000 people signed the [email protected] Coalition’s petition that demanded ICE release González. Salcedo noted to the Blade that members of Congress also backed calls for González’s release.

The Santa Fe Dreamers Project, a New Mexico-based immigrant advocacy group, also welcomed González’s release.

“Kelly’s release demonstrates that ICE has the capacity to release all immigrants from detention, particularly in the context of COVID-19,” said the Santa Fe Dreamers Project in a tweet that thanked the [email protected] Coalition and the National Immigration Justice Center for their efforts on González’s behalf.

“ICE did not have a valid reason to keep Kelly for that long,” Salcedo told the Blade. “They let her free a couple of days ago, but they could have done this much earlier.”

“This is just another sign about the injustices that ICE and the immigration detention system continues to portray against all of us,” added Salcedo.

The Blade has requested an interview with González.

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U.S. Federal Courts

White House blocked from ending Title 42

Advocacy groups say policy further endangered LGBTQ+ asylum seekers

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The Mexico-U.S. border in Mexicali, Mexico, on July 22, 2018. A federal judge in Louisiana has blocked the Biden administration from terminating Title 42, a Centers for Disease Control and Prevention policy that closed the Southern border to most asylum seekers and migrants because of the pandemic. The previous White House's policy was to have ended on May 23, 2022. (Washington Blade photo by Michael K. Lavers)

LAFAYETTE, La. — A Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic was to have ended Monday, but it remains in place after a federal judge blocked the Biden administration’s plans to end it.

The White House last month announced it would terminate Title 42, a policy the previous administration implemented in March 2020.

U.S. District Judge Robert Summerhays in Louisiana on May 20 issued a ruling that prevented the Biden administration from terminating the Trump-era policy. White House Press Secretary Karine Jean-Pierre in a statement announced the Justice Department will appeal the decision, while adding the administration “will continue to enforce the CDC’s 2020 Title 42 public health authority pending the appeal.”

“This means that migrants who attempt to enter the United States unlawfully will be subject to expulsion under Title 42, as well as immigration consequences such as removal under Title 8 (of the U.S. Code),” said Jean-Pierre.

Advocacy groups and members of Congress with whom the Washington Blade has spoken since Title 42 took effect say it continues to place LGBTQ asylum seekers and other vulnerable groups who seek refuge in the U.S. at even more risk.

Oluchi Omeoga, co-director of the Black LGBTQIA+ Migrant Project, last month described Title 42 as a “racist and harmful policy.” ORAM (Organization of Refuge, Asylum and Migration) Executive Director Steve Roth said Title 42 “put asylum seekers in harm’s way in border towns and prevented them from seeking safety in the United States.”

Title 42 was to have ended less than a month after five members of Congress from California visited two LGBTQ+ shelters for asylum seekers in Tijuana.

The Council for Global Equality, which organized the trip, in a tweet after Summerhays issued his ruling described Title 42 as a “catastrophe.”

“The Biden administration cannot breathe a sign of relief until it’s a matter of the past,” said the Council for Global Equality on Saturday. “We remain committed to end Title 42.”

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Maine

High school students in Maine rescue Pride parade & festival

Maine’s motto is “Dirigo” Latin for “I Lead.” In keeping with that spirit a group of teens stepped up to make sure Pride happens this year

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Belfast Area High School/Facebook

BELFAST, Me. – Located at the mouth of the Passagassawakeag River estuary on Belfast Bay and Penobscot Bay, Belfast is a coastal city of 6,938 people and county seat for Waldo County, 51 miles Southwest of Bangor.

The city is known for being a significant tourist destination in the region over the years due to its antique buildings, historic districts, theater and arts, delicious food, and opportunities to get out into nature.

This year it will be a destination for LGBTQ+ Mainers to celebrate Pride- thanks to some dedicated high schoolers.

The state motto of Maine is “Dirigo” which is Latin for “I Direct” or “I Lead.”  In keeping with that spirit, The Bangor Daily News reported that when no adults would revive the community Pride parade in Belfast, a group of motivated Belfast Area High School students stepped up to make sure that the event — which has been on a pandemic hiatus — happens this year.

The city’s first-ever Pride parade and festival took place in 2016, and became an annual tradition. But no adult organizers had come forward this year to keep the tradition going, the paper reported.

Enter members of the Gender and Sexuality Alliance, which formed at Belfast Area High School eight years ago. According to the Daily News, Willa Bywater, 17-year-old president of the school’s GSA decided that keeping Pride alive, especially after the lock-downs and isolation of the coronavirus pandemic, was a critical need not just only for Belfast’s LGBTQ+ community but others as well.

Bywater and her fellow 20 club members secured a permit from the city of Belfast, found sponsors, raised money for banners, flags and other expenses and grappled with the procuring of liability insurance. Ultimately, the high school agreed to cover the event under the school’s policy, a move that surprised and pleased the teens, Annie Gray, the club’s co-advisor told the Daily News.

Bywater noted that it has been a lot of work to organize the parade — but it’s well worth it.

“I think that this is the Pride parade for Waldo County, and it feels really important,” she said. “After all these years of COVID, it’s important to remind ourselves that we’re all still here and still going.”

The students found support from local businesses the Daily News also reported.

Seth Thayer, a local businessman who was delighted that the high school students have taken the initiative to organize the event and that it will happen again this year. There’s something special about the way that rainbow flags fly from homes and businesses all over the city during Pride, he told the paper.

“The thing I love about Pride is that the whole town is involved,” he said. “It’s such an isolating feeling, to have to hide yourself. And just to see that visual support from people that you don’t know, just seeing the Pride flag, it’s a powerful thing. I’m excited that it’s going to happen.”

Thayer said he was glad to make a financial contribution to the students, who have been canvassing for donations.

“I’m really happy that the high schoolers took it over,” he said. “I think they’ll do a good job. Kids always bring a new energy to things.”

Those interested in participating in the Belfast Pride parade are asked to meet at Belfast Area High School at 10:30 a.m. Saturday, June 4, and the parade will begin at 11 a.m. The parade will end just before the Public Landing and Heritage Park.

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U.S. Military/Pentagon

U.S. Army considering letting LGBTQ+ troops transfer out of hostile states

This policy tweak to the existing Army regulations pertaining to compassionate reassignment would clarify the current standard rules

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Top Army G-1 officer & enlisted advisor speaking with Joint Base Lewis-McChord single and dual military parents (Photo Credit: U.S. Army)

ARLINGTON, Va. – A draft policy is circulating among top officials of the U.S. Army that would allow soldiers to be able to request a transfer if they feel state or local laws discriminate against them based on gender, sex, religion, race or pregnancy.

Journalist Steve Beynon writing for Military.com reported last week the guidance, which would update a vague service policy to add specific language on discrimination, is far from final and would need approval from Army Secretary Christine Wormuth. But if enacted, it could be one of the most progressive policies for the Army amid a growing wave of local anti-LGBTQ+ and restrictive contraception laws in conservative-leaning states, where the Army has a majority of its bases and major commands.

“Some states are becoming untenable to live in; there’s a rise in hate crimes and rise in LGBT discrimination,” Lindsay Church, executive director of Minority Veterans of America, an advocacy group, told Military.com. “In order to serve this country, people need to be able to do their job and know their families are safe. All of these states get billions for bases but barely tolerate a lot of the service members.”

This policy tweak to the existing Army regulations pertaining to compassionate reassignment would clarify the current standard rules, which are oft times fairly vague.

A source in the Army told Beynon the new guidance has not yet been fully worked out through the policy planning process or briefed to senior leaders including the Army Secretary or the Office of the Secretary of Defense Lloyd Austin.

“The Army does not comment on leaked, draft documents,” Angel Tomko, a service spokesperson, told Military.com in an emailed statement. “AR 600-100 and 600-200 establish the criteria for which soldiers may request for a compassionate reassignment. The chain of command is responsible for ensuring Soldiers and Families’ needs are supported and maintain a high quality of life.”

A base member wears rainbow socks during Pride Month Five Kilometer Pride Run at Joint Base Andrews, Md., June 28, 2017.
(U.S. Air Force photo by Airman 1st Class Valentina Lopez)

The Crystal City Virginia based RAND Corporation had published a study on Sexual Orientation, Transgender Identity, and Health Among U.S. Active-Duty Service Members in 2015 that listed approximate numbers of LGBTQ+ troops are 6% gay or bisexual and 1% is transgender or nonbinary.

A senior analyst for RAND told the Blade on background those numbers are likely much lower than in actuality as 2015 was less than 4 years after the repeal of ‘Don’t Ask-Don’t Tell’ and prior to the Trump enacted Trans service ban in 2017 which was then repealed by the Biden Administration which has had a chilling effect on open service. Another factor is that the current 18-24 year old troops colloquially referred to as ‘Gen Z’ are much more inclined to embrace an LGBTQ+ identity and that would cause the numbers to be higher than reported.

Also factored in is uncertainty in the tweaking of policy in light of the recent leak of the draft U.S. Supreme Court decision that would effectively repeal Roe v Wade.

According to Military.com it’s unclear whether the Army’s inclusion of pregnancy on the list would protect reproductive care for soldiers if Roe v. Wade is overturned. That language could be intended to protect pregnant service members or their families from employment or other discrimination, but could also be a means for some to argue for transfers based on broader reproductive rights.

One advocacy group pointed out that the current wave of anti-LGBTQ+ legislation will negatively impact the moral of service members:

“What we’re seeing across the board is a small group of elected officials who are trying to politicize and weaponize LGBTQ identities in despicable ways. They’re not only doing that to our youth, but the collateral damage is hurting our service members,” Jacob Thomas, communications director for Common Defense, a progressive advocacy organization, told Military.com. “[Troops] can’t be forced to live in places where they aren’t seen as fully human.”

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