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LGBTQ asylum seekers closer to a new life but challenges remain

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A volunteer and and an asylum seeker hug at a bus station in Brownsville, Texas, on Feb. 26, 2021. (Washington Blade photo by Michael K. Lavers)

MATAMOROS, Mexico — Natasha is a transgender woman from Honduras’ Olancho department.

She arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, on Oct. 12, 2019. Natasha, who fled persecution because of her gender identity, asked for asylum in the U.S., but the Trump administration forced her to pursue her case in Mexico under the Migrant Protection Protocols program it implemented in June 2019.

Natasha lived in a migrant camp near the Gateway International Bridge over the Rio Grande that connects Matamoros and Brownsville for 11 months until last November when she moved into a shelter run by Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.

“We can’t live in our countries,” Natasha told the Blade on Feb. 27 during an interview at the Rainbow Bridge shelter, which is less than a mile from the Gateway International Bridge. “That’s why we entered the United States, to ask for refuge, and they sent us here to Mexico.”

Natasha entered the U.S. on March 10. She is now in North Carolina.

Natasha is a transgender woman from Honduras who has asked for asylum in the U.S., in Matamoros, Mexico, on Feb. 27, 2021. (Washington Blade photo by Michael K. Lavers)

The Biden administration in January suspended enrollment in MPP.

The first asylum seekers with active MPP cases arrived at ports of entry in Brownsville and El Paso, Texas, and San Ysidro, Calif. on Feb. 25.

Estuardo Cifuentes, a gay asylum seeker from Guatemala who ran the Rainbow Bridge shelter, lived in Matamoros for 19 months under MPP until he entered the U.S. on March 3. Two other asylum seekers who lived at the shelter — including Janeth, a trans woman from Cuba who arrived in Matamoros on May 27, 2019 — are now in the country. Janeth is now living with relatives in Miami.

“Discrimination, transphobia, homophobia, police abuse, police persecution and all these aggressions that are directed toward my community are the reasons that force us to leave,” Janeth told the Blade at the Rainbow Bridge shelter, referring to what prompted her to leave Cuba. “They almost expel us.”

The Biden administration allowed asylum seekers with MPP cases who lived in the Matamoros camp to enter the U.S. at the Brownsville port of entry first.

The process to enter the U.S. begins when an asylum seeker signs up online via a U.N. Refugee Agency website. A UNHCR representative then calls them to verify their personal information and provides them with a time to present themselves at the Gateway International Bridge.

The International Organization for Migration tests asylum seekers for the coronavirus, and they must test negative before they enter the U.S. They then board a bus that brings them to the Brownsville port of entry on the other side of the bridge. U.S. Customs and Border Protection personnel process them before they are brought to Brownsville’s main bus station, which is a couple of blocks away from the CBP station.

Gaby Zavala, a bisexual woman who founded Resource Center Matamoros, and other local activists who include Cindy Candia of Angry Tias and Abuelas, a group that assists migrants and asylum seekers in Texas’ Rio Grande Valley, offer the asylum seekers legal advice and help them buy bus tickets once they arrive at the bus station. Michael Benavides, a gay man who co-founded Team Brownsville, and Felicia RangelSamporano, founder of the Sidewalk School for Children Asylum Seekers, which taught children who lived in the Matamoros camp, have also helped the asylum seekers once they entered the U.S.

“It’s surreal to think that it’s actually happening,” Zavala told the Blade on Feb. 26 during an interview at a Mexican restaurant near the Brownsville bus station. “[It is] something that we hoped for.”

Resource Center Matamoros founder Gaby Zavala, right, assists asylum seekers at a bus station in Brownsville, Texas, on Feb. 26, 2021, moments after they arrived in the U.S. (Washington Blade photo by Michael K. Lavers)

Zavala noted the border “is still closed to new immigration,” even though MPP has been suspended and the Biden administration has begun to allow asylum seekers with active cases under the Trump-era program into the U.S. Zavala on Wednesday acknowledged asylum seekers and migrants will continue to travel to the border, regardless of the policies the U.S. puts in place.

“The border between Brownsville, Texas, and Matamoros, Tamaulipas, has always been a major route for immigrants in search of asylum in the United States of America,” she said. “The service of NGOs, those that sponsor projects like Resource Center Matamoros, is detrimental for asylum seekers as they arrive to the border because we are constantly conforming to ever-changing US immigration policies.”

The Associated Press on Tuesday reported more than 4,000 migrant children are currently in U.S. Border Control custody, as the number of migrants at the Southern border continues to grow.

The Department of Health and Human Services has announced it plans to open shelters in Texas and California in the coming days to allow migrant children to leave ill-equipped Border Patrol stations. Homeland Security Secretary Alejandro Mayorkas, who was born in Cuba, on Tuesday in a statement acknowledged the Biden administration continues to “expel” most single adults and families “apprehended at the southwest border” under Title 42, a Centers for Disease Control and Prevention rule that closed the border to most asylum seekers and migrants because of the pandemic.

“We are expelling most single adults and families,” said Mayorkas. “We are not expelling unaccompanied children.”

“We are securing our border, executing the Centers for Disease Control and Prevention’s (CDC) public health authority to safeguard the American public and the migrants themselves, and protecting the children,” he added. “We have more work to do.”

House Minority Leader Kevin McCarthy (R-Calif.) and 12 other House Republicans on Monday traveled to El Paso, which is across the Rio Grande from Ciudad Juárez, Mexico. The delegation did not include U.S. Rep. Veronica Escobar (D-Texas), who represents El Paso.

McCarthy and other Republicans have sharply criticized President Biden for beginning the process to reverse the Trump administration’s hardline immigration policies. Activists who work with LGBTQ asylum seekers and migrants told the Blade on Tuesday the situation on the Southern border remains complex.

“Republicans want this to be scary Brown people about to invade, which it’s not,” said Emem Maurus, a supervising attorney for the Transgender Law Center, told the Blade during a telephone interview from the Mexican border city of Tijuana where he works with LGBTQ asylum seekers. “But you got to figure that Trump effectively blocked migration for upwards of three years and Title 42 has been incredibly successfully in really stopping people, so you have a huge number of people.”

“If there’s a crisis, it was very meticulously created by Stephen Miller,” he added. “It was very intentionally created.”

Maurus told the Blade that two of his gay clients in Tijuana with active MPP cases have been “able to get out, but we’ve got a couple others who really need to and haven’t been called yet.”

“The two that I’m waiting on have just gone through hell,” said Maurus. “They should have been first.”

Maurus highlighted the case of 17 LGBTQ Jamaican asylum seekers in Tijuana whose request to enter the U.S. on humanitarian parole has been denied. Maurus told the Blade that each of them has a sponsor, lawyer and a place to live once they arrive in the country.

“I can bring all of them in with a COVID test,” he said. “All of them are represented. There is no reason they couldn’t be let in tomorrow.”

A portion of the fence that marks the Mexico-U.S. border in Tijuana, Mexico, on Feb. 25, 2020. (Washington Blade photo by Michael K. Lavers)

Abdiel Echevarría-Cabán, a South Texas-based immigration attorney who is also a human rights law and policy expert, on Tuesday said he welcomes “the end of MPP by the Biden administration.” Echevarría-Cabán nevertheless added “the process has been hectic and there is a lot of confusion among refugees that lost their cases while in MPP who didn’t have access to an attorney or couldn’t gather the evidence they needed to prove their cases living under severe danger and inhumane conditions.”

Echevarría-Cabán said one of his clients, a gay Cuban man, entered the U.S. on the same day the Biden administration announced it had suspended MPP.

Drug cartels, according to Echevarría-Cabán, threatened to kill his client if he didn’t pay them extortion money. Echevarría-Cabán told the Blade that U.S. Immigration and Customs Enforcement detained his client for three weeks until they released him under supervision.

“The process of letting them cross after two years has been disorganized and there has been poor communication and coordination between UNHCR, immigrants and attorneys,” he said. “Many refugees that crossed the border out of fear ended in detention and ICE (U.S. Immigration and Customs Enforcement) is releasing them under an order of supervision.”

Steve Roth, executive director of the Organization of Refuge, Asylum and Migration, a Minnesota-based organization that works with LGBTQ refugees and migrants around the world, told the Blade the situation on the Southern border is “complicated” and “a bit of a mess.”

“Some of these policies were designed to prevent legitimate asylum seekers from making their claims,” he said, referring to the Trump administration.

“We recognize that it’s going to take some time to undo that,” added Roth. “But at the same time, it’s really important that the process reopens for asylum seekers to be able to present their case at the border.”

Valery, a trans woman from the Honduran city of Comayagua who arrived in Matamoros last March, and other asylum seekers continue to wait for their chance to enter the U.S.

“I am very happy that people are leaving, but what about us,” she told the Blade at the Rainbow Bridge shelter in Matamoros. “Where do we go? Where?”

Joaquin Castro: MPP dangerous for LGBTQ people

Texas Congressman Joaquin Castro last week said the situation for asylum seekers on the U.S.-Mexico border remains perilous, even though President Biden has begun to reverse some of the previous administration’s hardline immigration policies.

“There is a real humanitarian need among the people who are seeking asylum at the southern border,” Castro told the Blade during a telephone interview. “And unfortunately, over the past few years Donald Trump created a bubble of very desperate people who were unable to have their asylum claims processed and now are anxious to have their day in court, to have their asylum cases heard.”

Biden in January suspended enrollments in the Trump administration’s Migrant Protection Protocols program.

“MPP is dangerous for many folks … and that includes LGBTQ and trans folks,” said Castro. “These folks have sometimes become targets on the other side of the border.”

The U.S. Citizenship Act of 2021 that Democrats introduced in Congress last month would, among other things, create a pathway to citizenship for the estimated 11 million undocumented immigrants who are in the country.

The Biden administration shortly after it took office directed ICE, CBP and U.S. Citizenship and Immigration Services to stop the deportation of “certain” undocumented immigrants for 100 days, but a federal judge in Texas last month blocked the moratorium. The White House earlier this week announced it would request $4 billion in aid to mitigate the causes of migration from Guatemala, El Salvador and Honduras.

“MPP of course was lifted by the Biden administration, but you still have a lot of people who are in and around the border cities in Mexico,” said Castro. “And for all folks what we are seeking to do is put people on a path to citizenship.”

Castro acknowledged Congress has debated immigration reform for years, but he said, “we finally have an opportunity with this president and this Congress to get it done.” “It’s still going to be tough because of the numbers in the Senate, but I think there is a greater window here now than there has been in a very long time,” he said.

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State Department honors Ghanaian LGBTQ+ activist

Ebenezer Peegan among Secretary of State’s Human Rights Defender Award recipients

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Secretary of State Antony Blinken attends the Human Rights Defender Award Ceremony at the State Department on Dec. 10, 2024. (State Department photo by Chuck Kennedy)

The State Department on Tuesday honored a Ghanaian LGBTQ+ activist and seven other human rights advocates from around the world.

Secretary of State Antony Blinken presented Rightify Ghana Executive Director Ebenezer Peegah with the Secretary of State’s Human Rights Defender Award during a ceremony at the State Department.

“He’s been a prominent figure advocating for equality and justice,” Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights, and Labor Enrique Roig told the Washington Blade on Tuesday during an interview.

The other human rights activists who received the award include:

• Mary Ann Abunda, a migrant workers advocate in Kuwait

• Permanent Human Rights Assembly of Bolivia President Amparo Carvajal

• Aida Dzhumanazarova, country director for the International Center for Not-for-Profit Law in Kyrgyzstan

• Mang Hre Lian, founder of the Chin Media Network in Myanmar

• Juana Ruiz of Asociación Asvidas, an organization that advocates for survivors of gender-based violence in Colombia

• Rufat Sararov, a former prosecutor who runs Defense Line in Azerbaijan

The State Department posthumously honored Thulani Maseko, a prominent human rights activist from Eswatini who was killed in 2023. His wife, Tanele Maseko, accepted the award on his behalf.

The ceremony took place on International Human Rights Day, which commemorates the U.N. General Assembly’s ratification of the Universal Declaration of Human Rights on Dec. 10, 1948. Sararov did not attend because Azeri authorities arrested him before he could obtain a visa that would have allowed him to travel to the U.S.

Ghanaian Supreme Court to rule on anti-LGBTQ+ law on Dec. 18

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would, among other things, criminalize allyship. President Nana Akufo-Addo has said he will not sign the bill until the Supreme Court rules on whether it is constitutional or not. 

The Supreme Court is expected to rule on the law on Dec. 18. John Dramani Mahama, the country’s president-elect, will take office on Jan. 7.

Ruig applauded Peegah’s efforts to highlight the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill.

“For us in the U.S. government, the work that he’s done on this issue has also been instrumental in our own discussions with the current government as well as the incoming administration around the concerns that we’ve expressed with regards to this legislation,” Roig told the Washington Blade “He’s been an important partner in all this as well.”

Peegah on Aug. 14 met with Pope Francis at the Vatican.

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U.S. Supreme Court

Trans rights supporters, opponents rally outside Supreme Court as justices consider Tenn. law

Oral arguments in U.S. v. Skrmetti case took place Wednesday

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(Washington Blade photo by Michael Key)

At least 1,000 people rallied outside the U.S. Supreme Court on Wednesday as the justices considered whether a Tennessee law banning gender-affirming medical care for transgender youth is unconstitutional.

Dueling rallies began early in the morning, with protesters supporting trans rights and protesters supporting Tennessee’s ban on gender-affirming care each stationed with podiums on opposite sides.

Trans rights protesters, who significantly outnumbered the other group, held signs reading “Keep hate out of healthcare,” and “Respect family medical decisions.” On the other side, protesters carried signs with messages like “Sex change is fantasy,” and “Stop transing gay kids.”

Ari, a trans person who grew up in Nashville and now lives in D.C., spoke to the Washington Blade about the negative effects of the Tennessee law on the well-being of trans youth. 

“I grew up with kids who died because of a lack of trans healthcare, and I am scared of that getting worse,” they said. “All that this bill brings is more dead kids.”

The Tennessee law that is being challenged in U.S. v Skrmetti took effect in 2023 and bans medical providers from prescribing medical treatments such as puberty blockers and hormone therapies to trans youth. 

A number of Democratic lawmakers, including U.S. Rep. Mark Takano (D-Calif.), co-chair of the Congressional Equality Caucus, and U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) addressed the crowd in support of trans rights. 

In his speech, Merkley said Americans deserved freedom in accessing gender affirming care and criticized the law as political intervention in private medical decisions. 

“Americans should have the freedom to make medical decisions in the privacy of their doctor’s office without politicians trying to dictate to them,” he said. 

Robert Garofalo, a chief doctor in the division of Adolescent and Young Adult Medicine at a Chicago children’s hospital, emphasized the importance of trans youth having access to gender affirming care. 

“We [providers] are seeing patients and families every day, present with crippling fears, added stress and anxiety as they desperately try to locate care where it remains legal to do so,” Garofalo, who is also a professor of pediatrics at Northwestern University, told the crowd. “Transgender children and adolescents deserve health care that is grounded in compassion, science and principles of public health and human rights. They must not be denied life saving medical care — their lives depend on it.”

Major U.S. medical associations, including the American Medical Association and the American Academy of Pediatrics, support gender affirming care. 

Research has found gender affirming care improves the mental health and overall well-being of gender diverse children and adolescents. Those who are denied access to gender affirming care are at increased risk for significant mental health challenges.  

An unlikely coalition came out to support Tennessee’s ban on gender affirming care. Far-right figures, such as U.S. Rep. Marjorie Taylor Greene (R-Ga.) and Matt Walsh — both of whom have a history of making homophobic statements — were joined by groups such as the LGBT Courage Coalition and Gays Against Groomers. 

The groups questioned the quality of the research finding gender-affirming care to have a positive effect on the well-being of trans and gender nonconforming youth and argued that minors cannot consent to medical treatment. Ben Appel, a co-founder of the LGBT Courage Coalition, which he notes was “co-founded by gay, lesbian, bisexual, and trans adults who oppose pediatric gender medicine, which we know to be non-evidence-based and harmful to young gay people,” said gender nonconformity is often part of the lesbian, gay, and bisexual experience and should not be “medicalized.” 

“I care about the adult gay detransitioners who have been harmed … by these homophobic practice,” he said “They should have just been told they’re gay.” 

Claire, a Maryland resident who attended the rally in favor of the Tennessee law and claims to have detransitioned, described being prescribed testosterone and having a mastectomy at 14, medical treatments she says she was unable to consent to at that age. She doesn’t oppose gender affirming care for adults but is opposed to “medical experimentation on children.”

“I think that adults should be allowed to do whatever they want with their bodies. I think that it is if someone is happy with the decision that they made that’s great,” she said. “I was not able to make that decision. I was a child.” 

(Washington Blade photo by Michael Key)

But trans activists fear that a ruling in favor of Tennessee could pave the way for states to restrict access to gender-affirming care for adults.

“There’s also broader implications for civil rights and trans rights, more broadly, for adults in the future. There are some states that have tried to ban some healthcare for adults — they haven’t yet — but I think that’s something we might also see if the Supreme Court rules that way,” Ethan Rice, a senior attorney at Lambda Legal, one of the legal organizations representing the plaintiffs in U.S. v Skrmetti, said.

In the case, three Tennessee families and a physician are challenging the Tennessee law on the grounds that it violates the Equal Protection Clause in the 14th Amendment by drawing lines based on sex and discriminating against trans people. The statute bans medications for trans children while allowing the same medications to be used when treating minors suffering from other conditions, such as early-onset puberty. 

A 2020 Supreme Court decision determined sex-based discrimination includes discrimination based on gender identity or sexual orientation. The key question in U.S. v. Skrmetti is whether this interpretation applies under the Equal Protection Clause.

“We really hope that the Supreme Court recognizes their own precedent on sex discrimination cases and comes out the right way, saying this is sex discrimination by the state of Tennessee and thus is unconstitutional,” Rice said. 

Twenty-six states currently have laws or policies restricting minors’ access to gender-affirming care. If the court rules against Tennessee, similar bans in other states would also be unconstitutional, granting trans youth greater access to gender affirming care nationwide. 

Edith Guffey, the board chair at PFLAG, expressed doubt the court will strike down the law, citing its sharp ideological turn to the right in recent years. But she said she remains hopeful. 

“I hope that the court will … step outside agendas and look at the needs of people and who has the right to say what’s good for their children,” she said.

Chase Strangio, an ACLU attorney representing the families, on Wednesday became the first openly trans lawyer to argue before the Supreme Court. He addressed the trans rights protesters after the hearing. 

“Whatever happens, we are the defiance,” Strangio said. “We are collectively a refutation of everything they say about us. And our fight for justice did not begin today, it will not end in June — whatever the court decides.”

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LGBTQ+ asylum seekers, migrants brace for second Trump administration

Incoming president has promised ‘mass deportations’

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A portion of the fence that marks the Mexico-U.S. border in Tijuana, Mexico, on Feb. 25, 2020. LGBTQ+ asylum seekers and migrants, and the groups that advocate on their behalf, are bracing for the second Trump administration. (Washington Blade photo by Michael K. Lavers)

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.”

Jennicet Gutiérrez (Photo courtesy of Familia: TQLM)

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.”

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Biden, other administration officials mark Transgender Day of Remembrance

‘Epidemic of violence towards transgender people’

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(Bigstock photo)

Democratic officials marked Transgender Day of Remembrance, which took place on Wednesday, honoring the lives lost to anti-trans violence and calling out rising anti-trans rhetoric and discrimination.

President Joe Biden in a statement said “we mourn the transgender Americans whose lives were taken this year in horrific acts of violence.”

“There should be no place for hate in America — and yet too many transgender Americans, including young people, are cruelly targeted and face harassment simply for being themselves. It’s wrong,” he said. “Every American deserves to be treated with dignity and respect, and to live free from discrimination. Today, we recommit ourselves to building a country where everyone is afforded that promise.”

U.S. Reps. Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Mark Pocan (D-Wisc.), as well as U.S. Sen. Mazie Hirono (D-Hawaii), all members of the Congressional Equality Caucus, introduced a bicameral resolution commemorating the Transgender Day of Remembrance and “recognizing the epidemic of violence toward transgender people and memorializing the lives lost this year.” 

“As anti-transgender rhetoric and legislation has increased in the United States over recent years, unfortunately so has anti-transgender violence,” Jayapal said in a statement announcing the resolution. “On Transgender Day of Remembrance, this resolution stands as a symbol of the strength and resilience of the trans community and honors the lives of the trans people we have lost to horrific violence.”

Jacobs also addressed President-elect Donald Trump’s anti-trans rhetoric. 

“Donald Trump’s anti-LGBTQ+ and anti-trans agenda will likely fuel this anxiety and violence against queer communities,” Jacobs said. “That makes this year’s Transgender Day of Remembrance even more important. Our bicameral resolution is a powerful reminder that anti-trans rhetoric can cost lives.”

A report by the Human Rights Campaign documenting anti-trans violence found at least 36 trans and gender-expansive people in the U.S. lost their lives to violence since last year.

Transgender Day of Remembrance was founded in 1999 by trans activist Gwendolyn Ann Smith to commemorate the one year anniversary of the murder of Rita Hester, a trans woman who was killed in Boston. The day has since grown into a national and international event.

Secretary of State Antony Blinken in a statement honored Transgender Day of Remembrance. 

“Transgender individuals exist in every country, every culture, and every faith tradition,” he said. “ The United States recognizes Transgender Day of Remembrance to affirm the dignity and human rights of transgender persons globally.” 

In a post on X, U.S. Sen. Tammy Duckworth (D-Ill.) wrote, “On this Transgender Day of Remembrance, we honor the trans and nonbinary lives lost to violence simply for being who they are. Every American deserves to live their truth and feel safe doing so. Hate has no place here.”

U.S. Ambassador to the U.N. Linda Thomas-Greenfield noted the Biden-Harris administration’s advocacy for the trans community, which has included issuing a policy that prohibits discrimination based on gender identity and sexual orientation under the Title IX federal civil rights law this year. 

“On Transgender Day of Remembrance, we reaffirm there is no place for hate in America. The Biden-Harris Administration is proud to advocate for the safety of transgender and all LGBTQI+ Americans, including at the UN,” she said in a post on X. 

Victor Madrigal-Borloz, a former independent UN expert on LGBTQ+ and intersex rights, also on X, said trans people’s human rights are questioned “for reasons that have nothing to do with them and a lot with bigotry.”

“Support them actively,” he urged.

Xavier Becerra, the secretary of health and human services, seemingly mixed up the day that was being observed, releasing a statement mistakenly commemorating Transgender Day of Visibility, which takes place on March 31. 

“We fight so that trans Americans can go to the doctor and receive the same treatment as any other patient … so that they feel welcomed at school and in their community for who they are,” Becerra said. 

Maryland Gov. Wes Moore, a Democrat, issued a proclamation recognizing Transgender Day of Remembrance, continuing the precedent he set last year as the first Maryland governor to issue such a proclamation. 

Moore in May signed into law a bill that added gender-affirming care to Maryland’s definition of legally protected health care, affirming its status as a sanctuary state for trans people and their healthcare providers. 

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Reports of hate-filled messages under investigation

Racist, homophobic, messages reported across the U.S. following presidential election

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Canva graphic by Gisselle Palomera

On Friday, the Federal Bureau of Investigation stated they are now investigating a series of racist and offensive messages sent to LGBTQ+ communities and communities of color around the country. At first, text messages were targeted at Black Americans and African Americans, then the wave of hateful digital rhetoric spread to target the LGBTQ+ and Latin American communities. 

Earlier this month, the initial text messages were sent out to Black American and African American people regarding a fake work assignment that suggested they were going to be working as slaves in a plantation. College students, high school students, professionals and even children, reported receiving the mass texts from unrecognized phone numbers following the presidential election. 

Since then, at least 30 states throughout the nation have reported cases of similar messages containing hate-filled speech, according to CNN. 

According to the report issued by the FBI, the texts and emails that target the LGBTQ+ and Latin American communities stated that the receivers of these messages were selected for deportation or to report to re-education camps. 

The Federal Communications Commission’s enforcement bureau is investigating the text messages. Chair Jessica Rosenworcel issued a statement regarding the texts. 

“These messages are unacceptable,” said Rosenworcel. “That’s why our Enforcement Bureau is already investigating and looking into them alongside federal and state law enforcement. We take this type of targeting very seriously.”

The FBI reports that though they have not received reports of violence related to the messages, they are working with the Department of Justice Civil Rights Division, to evaluate all reported incidents across the U.S. 

Last year, the Leadership Conference Education Fund launched a report stating that hate crimes increase during elections, pointing to white supremacists being particularly active during the past four presidential election cycles.

A portion of the report reads: “The Trump candidacy empowered white nationalists and provided them with a platform — one they had been seeking with renewed intensity since the historic election of America’s first Black president in 2008. Since 2015, communities across the country have experienced some of the most violent and deadliest years for hate in modern history.”

If you have received a similar text or email, you can report it here.

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Federal Government

House races could decide Department of Education’s future

Second Trump administration could target transgender students

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The Lyndon Baines Johnson Building, Washington D.C., headquarters of the U.S. Department of Education (Photo Credit: GSA/U.S. Dept. of Education)

The Associated Press reports that more than a dozen races for seats in the U.S. House of Representatives, including 10 for congressional districts in California, remain too close to call as of Tuesday — a full week after voters cast their ballots on Nov. 5.

Democrats hope that if they can flip the lower chamber, which is now governed by a narrow Republican majority, it might function as a bulwark against President-elect Donald Trump, his incoming administration, and the 53-47 majority in the U.S. Senate that his party secured last week.

If, on the other hand, the GOP retains control of the House, the Republican victory would clear a major roadblock that could otherwise have stymied a major plank of Trump’s education agenda: Plans to permanently shutter the U.S. Department of Education.

Congress ultimately scuttled the former president’s effort to do so during his first administration — though, technically, the proposal then was to merge the agency with the U.S. Department of Labor.

The Wall Street Journal notes that some Republicans, at the time and in the years since, have come out against plans to abolish the 44-year-old agency, in some cases even objecting to major funding cuts proposed by Trump that they understood were likely be unpopular.

However, if the second term plans for DOE as delineated in the Trump campaign’s Agenda47 and the Heritage Foundation’s Project 2025 governing blueprint become a major policy priority once the incoming administration takes over in January, reluctant Republican lawmakers will face tremendous pressure to get out of Trump’s way.

Federal government will remain in schools to advance anti-trans, anti-woke agenda

Among other responsibilities, DOE disburses and manages student loans, enforces the civil rights laws in public schools, and provides funding for students with disabilities. The agency’s programs, such as Title I, offer assistance for low-achieving or high-poverty K-12 schools, while Pell Grants help undergraduates who otherwise would not be able to pay for college.

It is unclear whether or how those functions will continue if the DOE is disbanded.

Trump’s aim, at least in large part, is to give states — rather than the federal government — the ultimate say over how their schools are run. At the same time, perhaps paradoxically, the other cornerstone of his education policy agenda is to issue proscriptive rules governing the content, curricula, and classroom discussion that will be permitted in the country’s public schools.

Specifically, this means “critical race theory, gender ideology or other inappropriate racial, sexual or political” topics or materials are forbidden. Reasonable people are likely to disagree about what is and is not “inappropriate,” and they may well have different, even disparate, definitions for terms like “gender ideology.”

When Florida and other states enacted similar anti-LGBTQ content and curricular restrictions in their public schools, critics warned the ambiguous language in the statute and the resulting confusion would lead to censorship, or perhaps self-censorship, especially for students and staff who, by virtue of their skin color or sexual orientation or gender identity, are more likely to be targeted with targeted or overzealous enforcement in the first place.

DOE plays major role investigating alleged civil rights violations in schools

According to the National Education Association, “federal civil rights laws prohibit school boards and other employers from discriminating against or harassing staff or students based on their sexual orientation or gender identity,” which “means, for example, that a school district may not prohibit only LGBTQ+ educators from answering students’ questions about their families, may not prohibit recognition and discussion in class only of LGBTQ+ families, and may not require that only LGBTQ+ students hide their sexual orientation or gender identity at school.”

However, the NEA warns, “some school districts, administrators, and the Florida Department of Education may nonetheless choose to do so until a court orders otherwise.”

If officials at a public high school allow heterosexual teachers to display family photos in their classrooms but warn the openly gay teacher that he must put his away or be terminated for violating restrictions on in-school discussion of sexual orientation and gender identity, the manner in which the policy was enforced against him would presumably run afoul of the federal civil rights laws, which prohibit discrimination on the basis of sexual orientation.

The teacher could assume the expense of hiring an attorney to pursue legal remedies, shouldering the burden and the risk that litigation that could drag on for months and conclude with a judgment in favor of his employer. Alternatively, until or unless Trump dissolves the agency, he could file a complaint with DOE’s Office of Civil Rights.

Alternatively, until or unless Trump dissolves the agency, the teacher could file a complaint with DOE. The agency’s Office of Civil Rights would evaluate the information he shared to determine whether there were sufficient grounds to open an investigation and, if so, would deploy “a variety of fact-finding techniques” that can include a review of documentary evidence submitted by both parties, interviews with key witnesses, and site visits.

After the investigation is complete, if a “preponderance of the evidence supports a conclusion that the recipient failed to comply with the law,” OCR will attempt to negotiate a resolution agreement. If the recipient refuses to resolve the matter in this manner, OCR can “suspend, terminate, or refuse to grant or continue federal financial assistance to the recipient, or may refer the case to the Department of Justice.”

According to the DOE’s website, the agency has 11,782 investigations that were open as of Tuesday, with complaints against institutions of all kinds operating in all 50 states, from rural elementary schools in the Deep South to prestigious medical schools, community colleges, and charter schools for students with developmental disabilities. Likewise, the six civil rights laws over which OCR has jurisdiction cover a wide range of conduct, from sexual harassment to discrimination, retaliation, and single-sex athletics scholarships.

Should Trump succeed in abolishing the department, it is not yet clear how those active investigations will be handled, nor how complaints about violations of civil rights law by educational institutions would be reported and investigated moving forward in the agency’s absence.

During his first administration, Trump passed proposed changes to Title IX of the Education Amendments of 1972, which retooled the process for reporting sexual assault on college campuses in ways that were widely seen as imbalanced in favor of the accused.

President Joe Biden in April issued new guidelines that featured “significant shifts in how institutions address sexual harassment, and assault allegations while expanding protections for LGBTQ+ and pregnant students,” the American Council on Education wrote. Specifically, the administration provided a “new definition of sexual harassment, extending jurisdiction to off-campus, and international incidents,” while “clarifying protections against discrimination based on sexual orientation, gender identity, pregnancy, and parenting status.”

The regulations sidestepped thornier questions, however, about how schools should approach issues at the intersection of gender identity and competitive sports, specifying only that they should avoid bans that would categorically prohibit transgender athletes from participating.

Shortly after the Biden administration’s guidelines were introduced, Trump vowed they would be “terminated” on his first day in office. He also pledged to enact anti-trans policies that appear to have been modeled after some of the most extreme of the roughly 1,600 anti-trans bills that conservative statehouses have proposed from 2021-2024.

Among other promises Trump made during the campaign were plans to enact a nationwide ban on trans student athletes competing in accordance with their gender identity, a federal law that would recognize only two genders, and the prosecution of health care providers who administer gender affirming care to patients younger than 18.

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National

Trump refers to Anderson Cooper as ‘Allison’

Crude insults continue in effort to attract male voters

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Donald Trump is referring to CNN’s Anderson Cooper as ‘Allison.’

Republican presidential nominee Donald Trump referred repeatedly over the weekend to CNN’s Anderson Cooper as “Allison Cooper.”

Cooper, one of the nation’s most prominent openly gay television anchors, moderated a town hall last week with Democratic presidential nominee Vice President Kamala Harris.

Trump last Friday called Anderson “Allison” in a social media post, then used the moniker again at a Michigan rally.

“If you watched her being interviewed by Allison Cooper the other night, he’s a nice person. You know Allison Cooper? CNN fake news,” Trump said, before adding, “Oh, she said no, his name is Anderson. Oh, no.”

Trump repeated the name during another Michigan rally on Saturday, according to the Associated Pres, then followed it up during a reference in Pennsylvania. “They had a town hall,” Trump said in Michigan. “Even Allison Cooper was embarrassed by it. He was embarrassed by it.”

Describing Anderson Cooper as female plays into offensive and stereotypical depictions of gay men as effeminate as Trump continues to pursue the so-called “bro vote,” amping up crude and vulgar displays in an effort to appeal to male voters.

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National

HRC rallies LGBTQ voters in 12 states ahead of Election Day

10 Days of Action campaign targets pro-equality candidate

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Human Rights Campaign headquarters in D.C. (Washington Blade photo by Michael Key)

The Human Rights Campaign said it filled 1,426 new volunteer shifts and held 174 events across key swing states between Oct. 10-20 as part of its 10 Days of Action campaign. 

The LGBTQ civil rights advocacy group is working to mobilize and turn out voters in support of pro-equality and LGBTQ candidates, including the Harris-Walz ticket, on Election Day.

HRC reported exceeding its recruitment goals, noting the strong response across the 12 states as a “clear and resounding message” that LGBTQ and allied voters are energized to back the Harris-Walz ticket. 

To kick off the 10 Days of Action, Gwen Walz, the spouse of Minnesota governor and Democratic vice presidential nominee Tim Walz, spoke at a Philadelphia event that HRC and the Out for Harris-Walz coalition hosted on Oct. 10.

Walz highlighted her husband’s long-standing support for LGBTQ issues, such as his role in fighting to repeal “Don’t Ask, Don’t Tell” in Congress and banning so-called conversion therapy as governor, according to the Pennsylvania Capital-Star

Other events launched canvassing efforts for Senate candidates, such as U.S. Sens. Tammy Baldwin (D-Wis.) and Bob Casey (D-Pa.), along with House candidates, such as Will Rollins and Mondaire Jones in California and New York respectively. 

A virtual organizing call on Oct. 11 that the Out for Harris-Walz coalition hosted featured prominent figures, including actor Jesse Tyler Ferguson, Andy Cohen, U.S. Rep. Robert Garcia (D-Calif.), and Delaware state Sen. Sarah McBride, who is running for Congress.

To close out the 10 Days of Action, HRC President Kelley Robinson canvassed with LGBTQ organizers in Phoenix on Oct. 20. 

In a statement, Robinson said the campaign’s work is “far from over.”

“We plan to spend every day until the election making sure everyone we know is registered to vote and has a plan to vote because no one is going to give us the future we deserve — we have to fight for it and show America that when we show up, equality wins,” she said. “Together, we will elect pro-equality leaders like Vice President Harris and Governor Walz who value our communities and are ready to lead us forward with more freedom and opportunity.”

A September HRC poll found that LGBTQ voters favor Kamala Harris over Donald Trump in the presidential race by a nearly 67-point margin.

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73 percent of LGBTQ community centers face harassment: Report

Findings show threats triggered by ‘anti-LGBTQ politics or rhetoric’

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(Washington Blade photo by Daniel Truitt)

The biennial 2024 LGBTQ Community Center Survey Report, which was released Oct. 16, shows that 73 percent of 199 U.S.-based LGBTQ community centers that participated in the survey reported they had experienced anti-LGBTQ threats or harassment during the past two years.

The survey, which included LGBTQ centers in 42 states, Washington, D.C., and Puerto Rico, is prepared by the Fort Lauderdale-based CenterLink, which provides services and support for LGBTQ community centers; and the Boulder, Colo.-based Movement Advancement Project (MAP), a research organization that focuses on social justice issues impacting the LGBTQ community.

“The biennial survey series started in 2008 and highlights the crucial role these centers play in the broader LGBTQ movement, offering an invaluable link between LGBTQ people and local, state, and national efforts to advance LGBTQ equality,” a statement released by the two organizations says.

The statement and the findings in the report point out that most of the LGBTQ centers that faced anti-LGBTQ threats or harassment said they were triggered by “anti-LGBTQ politics and rhetoric” that has surfaced across the country in the past several years.

“As attacks on LGBTQ people escalate year after year, we applaud these centers’ ongoing dedication to serving on the front lines – meeting both the immediate and long-term needs of LGBTQ people, their families, and their communities across the country,” Tessa Juste, a Movement Advancement Project official, said in the statement.

“This report illustrates the vital difference these centers make in people’s everyday lives, while also highlighting the urgent need for continued funding and support of these centers and the lifelines they provide,” Juste said.

“A majority of centers said they had experienced these threats or harassment offline (63 percent of centers) as well as online (68 percent),” the report states. “Almost half of centers (47 percent) said they had experienced both online and offline harassment in the past two years,” the report says.

“Numerous centers mentioned in open-ended comments that these threats or harassment were specifically in response to anti-LGBTQ politics or rhetoric (77 percent), transgender-related events or programs (50 percent), and youth-related programming (42 percent), again reflecting the current political environment and its targeted attacks on LGBTQ and specifically transgender youth,” according to the report.

Although the report lists in its appendix the names of each of the 199 LGBTQ community centers that participated in the survey, it does not disclose the names and locations of the LGBTQ centers that reported receiving threats or harassment.

Dana Juniel, director of communications for the Movement Advancement Project, told the Washington Blade in a statement that the two organizations that conducted the survey have a policy of not disclosing the centers’ responses to specific questions in the survey.

“Not identifying the specific centers has been our policy since the inception of this report and it is a typical policy for this type of report,” Juniel said. “It’s important to understand that the goal of the survey is to better understand the landscape and capacity of the movement as a whole, not to identify gaps or challenges for specific organizations,” she said.

The report shows that among the LGBTQ community centers that participated in the 2023-2024 survey were the D.C. Center for the LGBTQ Community; the D.C. LGBTQ youth advocacy group SMYAL, which the report lists as an LGBTQ center; the Delmarva Pride Center in Easton, Md.; the Frederick Center in Frederick, Md.; the CAMP Rehoboth LGBTQ center in Rehoboth Beach, Del.; the Sussex Pride center also  in Delaware; and LGBTQ centers in Virginia based in the cities of Richmond, Norfolk, Winchester, Oakton, and Staunton.

Spokespersons for the D.C. Center and CAMP Rehoboth did not immediately respond to a Blade inquiry on whether they were among the centers that experienced threats or harassment. Sussex Pride Executive Director David Mariner told the Blade that his center was among those that had not received anti-LGBTQ threats or harassment in the past two years.

The Blade reported in August of this year that D.C. police were investigating threats made against SMYAL following the publication of an article criticizing SMYAL’s programs supporting LGBTQ youth in the conservative online publication Townhall.com. A D.C. police report said the threats were reported by SMYAL Executive Director Erin Whelan.

The statement released by CenterLink and Movement Advancement Project also points out that the LGBTQ center survey shows LGBTQ community centers in the U.S. serve more than 58,700 people each week, or three million people each year, “with many centers primarily serving people and communities that are historically under-resourced and under-served, including low-income, people of color, transgender people, and those under the age of 18.”

Denise Spivak, CEO of CenterLink, says in the joint statement that the report “is a crucial guidepost for us to see the positive impact of LGBTQ centers across the U.S. as well as what areas need additional resources.” She added, “As we celebrate our 30th anniversary, this report makes clear the importance of LGBTQ centers in our communities.”

Among other things, the report includes these findings:

• 66 percent of LGBTQ community centers directly provide physical health, mental health, and/or anti-violence services or programs

• Half of the centers (50 percent) offer computer resources or services to the public, providing needed tools for job searching, career development, social services, and schoolwork.

• Nearly all centers (92 percent) engage in advocacy, public policy, or civic engagement activities across a wide range of issues and areas.

• While nearly half of all centers remain thinly staffed, 84 percent of responding centers employ paid staff, providing jobs to 3,100 people.

• In 2023, roughly 11,600 people volunteered more than 421,000 hours at responding community centers, helping centers with and without paid staff to significantly expand their reach and impact.

The 2024 LGBTQ Community Center Survey Report can be accessed here.

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Federal Government

Pentagon gives honorable discharges to 800+ LGBTQ+ veterans

Administration has committed to remedying harms of anti-LGBTQ military policies

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Defense Secretary Lloyd Austin (screen capture/YouTube/CNN)

Defense Secretary Lloyd Austin on Tuesday announced the Pentagon has upgraded the paperwork of more than 800 veterans who were discharged other than honorably before discriminatory policies like “Don’t Ask, Don’t Tell” were repealed.

“More than 96 percent of the individuals who were administratively separated under DADT and who served for long enough to receive a merit-based characterization of service now have an honorable characterization of service,” said Christa Specht, director of legal policy at the department’s Office of the Undersecretary of Defense for Personnel and Readiness.

The change will allow veterans to access benefits they had been denied, in areas from health care and college tuition assistance to VA loan programs and some jobs.

Separately, this summer President Joe Biden issued pardons to service members who had been convicted for sodomy before military laws criminalizing same-sex intimacy were lifted.

More than a decade after the repeal of “Don’t Ask, Don’t Tell,” the administration has made a priority of helping LGBTQ+ veterans who are eligible to upgrade their discharge papers, directing the department to help them overcome bureaucratic barriers and difficult-to-navigate processes.

However, as noted by CBS News, which documented the challenges faced by these former service members in a comprehensive investigation published last year, these efforts are ongoing.

The department is continuing to review cases beyond the 800+ included in Tuesday’s announcement, with an official telling CBS, “We encourage all veterans who believe they have suffered an error or injustice to request a correction to their military records.” 

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