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U.S. District Court blocks Trump Administration’s “Death to Asylum” rule

Lives are at stake and we are relieved that the court has put this abhorrent policy on hold

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Phillip Burton Federal Office & Courts Building – San Francisco, California
(Photo Credit: GSA U.S. Government)

SAN FRANCISCO – The U.S. District Court for the Northern District of California issued an order today blocking, in its entirety, a Trump administration rule that would have made it virtually impossible for all refugees, including those who are LGBTQ or living with HIV, to secure asylum in the United States. The rule was set to go into effect on January 11, 2021.

“Today’s ruling halts the most sweeping illegal, anti-refugee volley of the Trump administration,” said Bridget Crawford, Legal Director for Immigration Equality. “Asylum is an international human right. LGBTQ and HIV-positive refugees fleeing persecution will always be welcomed in the U.S.”

The case, Immigration Equality v. Department of Homeland Security, was filed on behalf of plaintiffs Immigration Equality, Oasis Legal Services, The [email protected] Coalition, Black LGBTQIA+ Migrant Project, and Transgender Law Center. Had the rule been allowed to go into effect, the population these organizations directly serve, asylum seekers who are LGBTQ or living with HIV, will face insurmountable barriers to asylum in the United States, despite the fact that they have remarkably strong asylum claims.

In his ruling, U.S, District Judge James Donato wrote;

“In effect, the government keeps crashing the same car into a gate, hoping that someday it might break through. … But our system has no room for relitigating the same facts and law in successive district court cases ad infinitum… Plaintiffs provide legal services and other assistance to those seeking asylum and similar protections from persecution or violence in their home countries. They have provided ample evidence that if enacted, the Rule would harm this mission. … A nationwide injunction is warranted.”

Lambda Legal’s Senior Attorney on Immigration matters, Omar Gonzalez-Pagan reacted on Twitter to Judge Donato’s ruling;

So honored to have achieved this victory on behalf of #LGBTQ and HIV-positive refugees, @IEquality, @OasisLegal, @TransLatina_C, @OfficialBLMP, and @TransLawCenter, alongside my @LambdaLegal, Immigration Equality, and @kramerlevin colleagues. #SaveAsylum

“This rule is part of the Trump administration’s relentless efforts to close our doors to migrants and here, in particular, to refugees escaping persecution, even as the administration’s days wane. The rule is rooted in xenophobia and cruelty. It also is a haphazard attempt to enact a sweeping and unworkable overhaul of our asylum system, without adequate justification or compliance with the law,” said Gonzalez-Pagan, in a statement. “Lives are at stake and we are relieved that the court has put this abhorrent policy on hold while we continue to make our case. We are gratified by the Court’s quick action and confident that these attempted changes will never take effect.”

The rule—promulgated by the U.S. Department of Justice and  the U.S. Department of Homeland Security—is especially dire for people who are LGBTQ or living with HIV, who have no other recourse but to flee the unimaginable violence they experience in their countries of origin. In over 70 countries it is a crime or fundamentally unsafe to be LGBTQ or HIV-positive. The suit challenges multiple sections of the rule for creating numerous reasons why immigration judges should deny claims of refugees who otherwise qualify for asylum.

The rule denies asylum to people who:

·      apply for asylum based on fear of persecution due to their gender, which may be interpreted by authorities as including LGBTQ asylum seekers;

·      didn’t apply for asylum in a transit country, regardless of whether that nation is safe;

·      stayed in a transit country for more than 14 days, even if they were trapped in that country;

·      lived in the U.S. for more than one year without permission, even if they qualify for an exception to the one-year filing deadline;

·      have otherwise strong claims of persecution if they are unable to prove that government officials participated in the abuse (e.g. violence by private actors, such as civilians who perpetrate mob violence or so-called “corrective rape,” will not count as evidence toward an asylum claim);

·      are unable to explain in their first interaction with immigration officials the particular social group they are a part of, requiring LGBTQ and HIV-positive people to disclose and describe their identity and intimate details about their personal lives with particular concepts and language. 

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Vigil held after Wilton Manors Pride parade accident

Fort Lauderdale mayor expressed ‘regret’ over initial terrorism claim

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A vigil in the wake of the accident at the Stonewall Pride Parade took place at the Sunshine Cathedral in Fort Lauderdale, Fla., on June 20, 2021. (Washington Blade photo by Yariel Valdés González)

FORT LAUDERDALE, Fla. — More than 100 people on Sunday attended a prayer vigil in the wake of an accident at a Wilton Manors Pride parade that left one person dead and another injured.

The vigil took place at the Sunshine Cathedral in Fort Lauderdale.

Clergy joined activists and local officials at a vigil at the Sunshine Cathedral in Fort Lauderdale, Fla., on June 20, 2021. (Washington Blade photo by Yariel Valdés González)

A 77-year-old man who was driving a pickup truck struck two men near the Stonewall Pride Parade’s staging area shortly before 7 p.m. on Saturday. One of the victims died a short time later at a Fort Lauderdale hospital.

The pickup truck narrowly missed U.S. Rep. Debbie Wasserman Schultz (D-Fla.), who was in a convertible participating in the parade, and Florida Congressman Ted Deutch.

The driver of the pickup truck and the two men he hit are members of the Fort Lauderdale Gay Men’s Chorus. The Fort Lauderdale Police Department on Sunday described the incident as a “fatal traffic crash” and not a terrorism incident as Fort Lauderdale Mayor Dean Trantalis initially claimed.

“As we were about to begin the parade, this pickup truck, this jacked up white pickup truck, dashed across, breaking through the line, hitting people, all of us that were there could not believe our eyes,” said Trantalis as he spoke at the vigil.

Trantalis noted the pickup truck nearly hit Wasserman Schultz. He also referenced the arrest of a 20-year-old supporter of former President Trump earlier in the week after he allegedly vandalized a Pride flag mural that had been painted in an intersection in Delray Beach, which is roughly 30 miles north of Fort Lauderdale.

“I immediately knew that something terrible was happening,” said Trantalis, referring to the Stonewall Pride Parade accident. “My visceral reaction was that we were being attacked. Why not? Why not feel that way?”

“I guess I should watch to make sure there are no reporters standing by when I have those feelings, but that was my first reaction and I regret the fact that I said it was a terrorist attack because we found out that it was not, but I don’t regret my feelings,” he added. “But I don’t regret that I felt terrorized by someone who plowed through the crowd inches away from the congresswoman and the congressman, myself and others.”

Trantalis also told vigil attendees that “I guess we forgive” the pickup truck driver.

“But I regret that his consequences resulted in the death of an individual who was innocent and who was there to have a good time, like the rest of us, and I regret there is a man who is in serious condition … fighting for his life and there,” added Trantalis.

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Veterans Affairs to provide gender-confirmation surgery reversing 2013 ban

McDonough said that he pledged to overcome a “dark history” of discrimination and expand access to care for transgender veterans

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The new Orlando VA Medical Center at Lake Nona (Photo Credit: U.S. Department of Veterans Affairs )

ORLANDO – U.S. Department of Veterans Affairs Secretary Denis McDonough announced his Department is moving to provide gender-confirmation surgery through its health care coverage reversing a 2013 ban on those surgical procedures.

Speaking at a Pride Month event at the Orlando VA Healthcare System Saturday, McDonough said that he pledged to overcome a “dark history” of discrimination and take steps to expand access to care for transgender veterans.

With this commitment McDonough said he seeks to allow “transgender vets to go through the full gender confirmation process with VA by their side,” McDonough said. “We’re making these changes not only because they are the right thing to do, but because they can save lives,” he added.

The process to roll-back the restrictions may take upwards of two years. The federal rulemaking process, expected to begin this summer, will include a period for public comment, spokesman Terrence Hayes told The Washington Post on Saturday.

“This time will allow VA to develop capacity to meet the surgical needs that transgender veterans have called for and deserved for a long time,” McDonough said in his remarks. “and I am proud to begin the process of delivering it,” he added.

On February 8, 2013, the VA issued a directive that stated that the VA Healthcare System does not provide sex reassignment surgery. This directive sought to clarify a previous VA directive issued June 9, 2011, “Providing Healthcare for Transgender and Intersex Veterans,” which established the provision of hormone therapy, gender-related mental health counseling, and other transition-related services through the VA, as well as a mandate that the VA health system provides care “without discrimination and in a manner … consistent with the Veteran’s self-identified gender.”

“This directive, however, does not include coverage of surgical procedures although the VA does provide transgender veterans with pre- and postoperative care.”

The outcome was that the directive(s) effectively prevented transgender veterans from a surgery considered medically necessary by the World Professional Association for Transgender Health.

38 CFR § 17.38 Medical benefits package, is the specific federal code that makes provisions for veterans healthcare, which Section (b) clearly defines as; “Care referred to in the “medical benefits package” will be provided to individuals only if it is determined by appropriate health care professionals that the care is needed to promote, preserve, or restore the health of the individual and is in accord with generally accepted standards of medical practice.”

However, 38 CFR § 17.38 does limit care for transgender veteran’s stating: “(c) In addition to the care specifically excluded from the “medical benefits package” under paragraphs (a) and (b) of this section, the “medical benefits package” does not include the following: […] ‘(4) Gender alterations.'”

McDonough noted that changes “will require changing VA’s regulations and establishing policy that will ensure the equitable treatment and safety” of all transgender veterans.

“There are several steps to take, which will take time. But we are moving ahead, methodically, because we want this important change in policy to be implemented in a manner that has been thoroughly considered to ensure that the services made available to veterans meet VA’s rigorous standards for quality health care.”

In a study related to the 2011 and 2013 directives, the VA noted that research showed that the transgender population in general experiences severe physical and mental health disparities, compared to the cisgender population, including high rates of HIV, suicidality, depression, anxiety, and mental health-related hospitalization.

Studies have found that these disparities are even more glaring among transgender veterans. In a survey of transgender veterans and transgender active-duty service members, transgender veterans reported several mental health diagnoses, including depression (65%), anxiety (41%), PTSD (31%), and substance abuse (16%).  In a study examining VHA patient records from 2000 to 2011 (before the 2011 VHA directive), the rate of suicide-related events among veterans with a gender identity disorder (GID) diagnoses was found to be 20 times higher than that of the general VHA patient population.

McDonough acknowledged the VA research pointing out that in addition to psychological distress, trans veterans also may experience prejudice and stigma. About 80 percent of trans veterans have encountered a hurtful or rejecting experience in the military because of their gender identity.

“LGBTQ+ veterans experience mental illness and suicidal thoughts at far higher rates than those outside their community,” McDonough said. “But they are significantly less likely to seek routine care, largely because they fear discrimination.

“At VA, we’re doing everything in our power to show veterans of all sexual orientations and gender identities that they can talk openly, honestly and comfortably with their health care providers about any issues they may be experiencing,” he added.

All VA facilities have had a local LGBTQ Veteran Care Coordinator responsible for helping those veterans connect to available services since 2016.

“We’re making these changes not only because they are the right thing to do but because they can save lives,” McDonough said. He added that the VA would also change the name of the Veterans Health Administration’s LGBT health program to the LGBTQ+ Health Program to reflect greater inclusiveness.

Much of the push for better access to healthcare and for recognition of the trans community is a result of the polices of President Joe Biden, who reversed the ban on Trans military enacted under former President Trump, expanding protections for transgender students and revived anti-bias safeguards in health care for transgender Americans.

U. S. House Veterans’ Affairs Committee Chairman Mark Takano, D-CA, who is openly gay, issued a statement applauding McDonough’s actions.

“Veterans in need of gender confirmation surgery should not have to seek healthcare outside of the VA health system or navigate complicated processes to get the care they need,” Takano said. “VA must be inclusive of all veterans who have served, regardless of their identity.”

The Chairman of the Senate Veterans’ Affairs Committee, Jon Tester, D-MT also approved of the expansion of health care offerings for trans veterans.

“Every service member and veteran deserves equal access to quality care from VA, and this includes our LGBTQ+ veterans,” Tester said in a statement. “We must reaffirm our commitment to making VA a more welcoming place for everyone who fought to protect our freedoms.”

Gina Duncan, director of transgender equality for the statewide LGBTQ civil rights organization Equality Florida, told the Orlando Sentinel that her agency was “thrilled to have allies at the highest level of government” and noted the contrast with recent moves by the Florida Legislature and Gov. Ron DeSantis to limit transgender youth participation in school sports.

“In a moment of fierce state and local backlash against the transgender community, this move by the Biden Administration is a reminder that elections matter,” Duncan said. “Support for transgender veterans and the lifesaving healthcare they need to live authentically is a critical component to fulfilling our nation’s promise of caring for those who’ve served.”

U.S. Department of Veterans Affairs, Washington D.C. (Photo Credit: GSA U.S. Government)
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Police describe Wilton Manors Pride incident as ‘fatal traffic crash’

Pickup truck driver identified as 77-year-old man

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A screenshot from a video taken at the scene by Joey Spears. (Image courtesy of @pinto_spears, via Twitter.) Screenshot used with permission from South Florida Gay News.

WILTON MANORS, Fla. — The Fort Lauderdale Police Department on Sunday released additional information about an incident at a Wilton Manors Pride parade that left one person dead and another injured.

A press release notes a 77-year-old man who was “a participant who had ailments preventing him from walking the duration of the parade and was selected to drive as the lead vehicle” was behind the wheel of a 2011 white Dodge Ram pickup truck that struck the two people near the Stonewall Pride Parade’s staging area shortly before 7 p.m. on Saturday.

“As the vehicle began to move forward in anticipation for the start of the parade, the vehicle accelerated unexpectedly, striking two pedestrians,” reads the press release. “After striking the pedestrians, the driver continued across all lanes of traffic, ultimately crashing into the fence of a business on the west side of the street.”

“The driver remained on scene and has been cooperative with investigators for the duration of the investigation,” further notes the press release. “A DUI investigation of the driver was conducted on scene and showed no signs of impairment.”

The press release confirms the driver and the two people he hit are members of the Fort Lauderdale Gay Men’s Chorus.

Fort Lauderdale Fire Rescue transported both victims to Broward Health Medical Center “with serious injuries.” The press release notes one of the victims died shortly after he arrived at the hospital.

The Fort Lauderdale Police Department, which is leading the investigation, has not publicly identified the victims and the driver, but the press release describes the incident as a “fatal traffic crash.” The press release notes the second victim remains hospitalized at Broward Health Medical Center, but “is expected to survive.”

“While no arrests have been made, the Fort Lauderdale Police Department continues to investigate this incident and will not be releasing the names of the involved parties due to the status of the investigation,” says the press release. “The Fort Lauderdale Police Department asks anyone who may have witnessed this incident, who has not already spoken to investigators, to contact Traffic Homicide Investigator Paul Williams at (954) 828-5755.”

The pickup truck narrowly avoided U.S. Rep. Debbie Wasserman Schultz (D-Fla.), who was in a convertible participating in the parade. Florida Congressman Ted Deutch was also nearby.

“Our thoughts and prayers are with those affected by the tragic accident that occurred when the Stonewall Pride Parade was just getting started,” said Fort Lauderdale Gay Men’s Chorus President Justin Knight in a statement he issued after the incident. “Our fellow chorus members were those injured and the driver was also part of the chorus family.”

“To my knowledge, this was not an attack on the LGBTQ community,” added Knight. “We anticipate more details to follow and ask for the community’s love and support.”

Fort Lauderdale mayor initially described incident as anti-LGBTQ ‘terrorist attack’

Fort Lauderdale Mayor Dean Trantalis initially described the incident as “a terrorist attack against the LGBT community,” without any official confirmation. Detective Ali Adamson of the Fort Lauderdale Police Department on Saturday confirmed to reporters that investigators are “working with” the Federal Bureau of Investigation, but stressed the “investigation is active and we are considering and evaluating all possibilities.”

“Last evening, at the start of what was to be a celebration of pride for the LGBT community and commemoration of our hard-won victories for equality, our community faced the worst of tragedies. The grief of our LGBT community — and greater Fort Lauderdale as a whole — is palpable,” said Trantalis on Sunday in a statement he posted to his Facebook page.

“I was an eyewitness to the horrifying events. It terrorized me and all around me. I reported what I saw to law enforcement and had strong concerns about what transpired — concerns for the safety of my community. I feared it could be intentional based on what I saw from mere feet away,” he added.

Trantalis added “law enforcement took what appeared obvious to me and others nearby and investigated further — as is their job.”

“As the facts continue to be pieced together, a picture is emerging of an accident in which a truck careened out of control,” he said. “As a result, one man died, two others were injured and the lives of two members of Congress were at risk. My heart breaks for all impacted by this tragedy.”

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