National
Gay couples discussed in Senate immigration hearing
Napolitano says no greater risk of fraud upon UAFA passage


Secretary of Homeland Security Janet Napolitano said UAFA would not present a greater risk of fraud. (Washington Blade file photo by Michael Key)
Secretary of Homeland Security Janet Napolitano said on Wednesday that protections for bi-national same-sex couples would result in no greater risk of fraud under U.S. immigration code.
During a hearing on comprehensive immigration reform before the Senate Judiciary Committee, Napolitano made the case for comprehensive immigration reform and answered questions about legislation that would enable gay Americans to sponsor a same-sex foreign partner for residency in the United States.
These couples face separation ā and possibly deportation of the foreign national in the relationship ā under current law. President Obama has called for a provision addressing this issue as part of his plan for comprehensive immigration reform.
Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) asked whether the Uniting American Families Act ā legislation addressing the issue that he introduced on the same day in the Senate ā would present a risk of people abusing the system to gain entry to the country.
In response, Napolitano denied any problems with respect to fraudĀ would present themselves upon passage of Leahy’s legislation.
“Our adjudicators are experienced at fraud, fraud detection,” Napolitano said. “We’ve actually increased the number of examiners who focus on this. This is done primarily at [U.S. Citizenship & Immigration Services]. But, no, we don’t see that as a barrier to achieving equality.”
In his opening statement before the hearing, Leahy ā saying he wants the committee to complete work on immigration reform legislation “over the next few months” ā announced he had introduced the legislation with bipartisan support along with Sen. Susan Collins (R-Maine), who became the first Republican to co-sponsor the legislation in September.
“This legislation will end the needless discrimination so many Americans face in our immigration system,” Leahy said. “Too many citizens, including Vermonters who I have come to know personally and who want nothing more than to be with their loved ones, are denied this basic human right. This policy serves no legitimate purpose and it is wrong.”
UAFA imposes the same restrictions and penalties applied to straight Americans seeking to sponsor a spouse for residency via a marriage-based green card application under the Immigration & Naturalization Act. The penalties for fraud include a maximum of five years in prison and a $250,000 fine.
Shin Inouye, a White House spokesperson, said in response to a query over whether Obama has decided to endorse UAFA that the legislation is in line with Obama’s plan for immigration reform, which includes a provision for bi-national same-sex couples.
“The president has long believed that Americans with same-sex partners from other countries should not be faced with the painful choice between staying with the person they love or staying in the country they love,” Inouye said. “There is already legislation that has been introduced in Congress that would address that, and the presidentās proposal tracks that legislation.”
The 12-page testimony that Napolitano submitted to the committee reiterates Obama’s support for bi-national same-sex couples as part of reform, saying his plan “treats the families of same-sex partners the same as other families by giving foreign born same-sex partners of Americans access to the family based immigration system.”
Sen. Chris Coons (D-Del.) ā lamenting that the issue is often seen as a “divisive issue or side issue that doesn’t deserve focus” Ā ā followed up later with questions about whether the Obama administration could commit to ceasing the deportation of foreign-nationals in same-sex relationships under current law if nothing is done. Napolitano denied she was able to take such action under the Defense of Marriage Act.
“I cannot give a categorical answer there because of DOMA, and we are charged with enforcing DOMA as well,” Napolitano replied.
LGBT advocates ā including Immigration Equality ā have been pushing the Obama administration to place on hold the marriage-based green card applications of bi-national same-sex couples until DOMA is stricken from the books. Upon each request, the administration has said it must uphold DOMA.
Under Napolitano, the administration has already taken steps to assist bi-national couples.Ā In October,Ā the Department of Homeland Security issued guidanceĀ stipulating immigration officers should consider ālong-term, same-sex partnersā as families when considering whether to exercise prosecutorial discretion in the potential deportation of an undocumented immigrant.
Also presenting testimony during a second panel at the hearing was Jose Antonio Vargas,Ā a gay Filipino undocumented immigrant and award-winning journalist.
While his testimony reflected more on the importance of incorporating language as part of reform along the lines of the DREAM Act to allow young, undocumented immigrants like himself a path to citizenship, VargasĀ talked about being both gay and an undocumented immigrant as reasons why he’s faced challenges in the country.
Under questioning from Sen. Mazie Hirono (D-Hawaii),Ā Vargas said he’s spoken with bi-national same-sex couples and realized the destructiveness of current immigration law.
“It’s been really interesting when you see same-sex couples say I can’t marry and petition of 5, 10, 12 years because we have DOMA, the Defense of Marriage Act,” Vargas said. “The federal government doesn’t acknowledge same-sex marriage even if it happens in New York, for example, or Massachusetts. You really see how broken it is from the perspective of individual lives and their connections to their own communities, and that’s why it was important for me not just to bring my Filipino-American family, but to bring the family that I found at my high school.”
National
Destination Tomorrow works to empower LGBTQ community
Sean Coleman is Black transgender man who founded group in 2009

Sean Ebony Coleman became the first transgender African American to own and operate an LGBTQ center with the founding of Destination Tomorrow in 2009. Subsequent centers opened up in Atlanta in 2022 and D.C. in 2024.
Destination Tomorrow was founded on the idea that āit is more helpful to empower our most vulnerable TLGBQ+ community members in a way that takes them off the path of needing emergency care.ā
āOur organization emphasizes economic, social, and mental empowerment through a variety of holistic educational, financial, support-based, housing, and health programs,ā Destination Tomorrow said on the organizationās website.
With Transgender Day of Visibility today and WorldPride coming to D.C. this June, the Washington Blade spoke with Coleman to get some further insight into how Destination Tomorrow and other organizations are responding to the pressure the Trump-Vance administration is putting on the LGBTQ community.
BLADE: What was the overall reaction to the Trump administration and the heavy anti-LGBTQ rhetoric being pushed by the administration from Destination Tomorrow?
COLEMAN: I think the first thing was disbelief, right? You know he’s not well versed, but the embellishments about the community, particularly the trans community, were so outlandish that they became dangerous. So I think the first thing was, people actually believe this, and we have a message in problem because we’re not responding. We really missed an opportunity to message that differently. Like some of them it was so easy for us to respond and say, āWe’re talking about the entire sports world when it comes to college and high schoolā and those kinds of things, right? We are definitely focusing on the wrong one percent.
I knew it was like collectively as a trans man, just personally, I was like āokay, so how do you show up now?ā You’re in a position that folks expect you to at the very least have something positive to say next steps, this is what we’re gonna do, marching all this, whatever. I’m sitting with it like, no, I’m a little nervous. In the moment, most of the danger and most of the rhetoric is happening towards trans and gender nonconforming people and unfortunately, Black and brown and trans and gender nonconforming folks feel it worse when things like this happen.
BLADE: With a lot of organizations getting threats, losing funding, and everybody just being scared, has Destination Tomorrow specifically received any higher amounts of traffic to your locations, either here or other states?
COLEMAN: All three locations have seen an uptick. Funny thing a lot of them are coming in because they just want community. and we do that intake assessment. Then we say āwhile we have you here, we could do all of these other things.ā But it’s really about them coming for community. If you know anything about us, we’re well versed in the house and ballroom community. So we put on balls. We’re planning one now.
And the young people, particularly young trans people, are also coming in for the ball, but they also want to know. Mr. Coleman, what can we do now? What is it? They want a call to action, want to be motivated and I think we have to figure out again this one message of where weāre going to go. Whether it is New York, Atlanta, and D.C., Destination Tomorrow is then going through all of the other trans into the nonconforming organizations. Speaking in one voice and figuring out what movement building looks like for us in this moment and we think that young people should drive it.
Particularly in New York and D.C. will receive some additional resources because we want to be able to address those folks that are going to come in. We want to make sure (to have enough) staff, (increase) our hours. We increase our security and our security presence because that was something that we were concerned about, even if it’s just an in person meeting that we’ve been doing for the last five years, because how do we keep those meetings and that meeting space and our identity safe?
BLADE: Do you feel like given the recent federal government layoffs and this whole Trump takeover of Washington, like, do you think D.C. is prepared or safe enough to start implementing those things that you want to try and get done?
COLEMAN: Yes. I think once weāve taken a moment to step back and assess the situation, we will be able to come out stronger with the initiative that is going to be most important and most impactful for our community, but I think it is going to take some collaborative effort. I don’t think one agency is gonna be able to do it. I think this is a time for collaboration and allies. um, and not in that order. Right? But D.C. is definitely a safe place for LGBT community members worldwide.
It’s gonna be an amazing time. We’re gonna get an opportunity to show how resilient our community is, how much love we still receive. If you look at some things on social media, it’ll seem like everyone’s demonizing the trans and general nonconforming community and that’s not necessarily the case, right? ā©I think we get sucked into this vacuum with social media and I think once you log off and you actually go outside, you recognize exactly how much support you have from your community. And I think that ties back into our messages. Weāre not going to stand around sad and defeated. Weāre going to show up, have a good time with WorldPride.
I also see it as an excellent opportunity to strategically put some plans in place. While we have you here, and we’re celebrating, we’re partying, but here is what our next steps will be. We have at least two or three next steps that collectively, you can go back down and all of us a picture goes saying two or three things. Say the same things, stay on message and I think World Pride will be an excellent opportunity to do so.
Along with the comments on TDOV and WorldPride, Coleman also spoke about the current state of LGBTQ politics.
āWhat’s so unfortunate for me is that we lean into our allies, right? Now is the time for our allies to take a look around the room and say āOh wait. This person is missing [in the conversation], we should not be speaking on behalf of Black and brown people,ā he told the Blade. āI specifically say Black and brown trans people. [Allies] shouldnāt be speaking on behalf of them because I know a few that can actually come here and speak on their own behalf and unfortunately it doesn’t happen. I think it’s because it’s tied into the losing funding across the board. So those LGB organizations are gonna feel that loss. And at some point they may feel like they have to step in and fill a void that they don’t necessarily have to because we’re here.ā
Specifically in New York, Coleman has been looking toward the local government to help Destination Tomorrow and other organizations stay protected and operational during times like these.
āTrans, gender nonconforming and LGB issues go across different issues. Whether we’re talking about housing, criminal justice reform, or reproductive rights. We should be included in those discussions, and we should be included in those funding opportunities,ā said Coleman. āAnd I think this gives us an opportunity to show that Destination Tomorrow has a program called Pride at Work. to the workforce development program, where we’re pitching it in D.C. and we’re actually in our third year of doing it in New York City. That’s an example of how workforce development should be for all of us, right?ā
āSo a lot of the work we’ve done in the last couple of months is really meeting with all our elected officials and saying, ‘This is the message that weād like you to push. This is what we want to say, this is how we feel. Because you are not saying it, it feels like you left us behind. This is where you are missing the mark and it is up to you to fix it,āā he added.
A discussion for New York mayoral candidates took place later that evening. One of the things that Coleman wanted to heavily iterate to the candidates was that āat the end of the day, weāre paying attention now. We may not have been as politically engaged as we should have been, but we are now.ā
U.S. Federal Courts
Second judge blocks Trump’s anti-trans military ban
Federal courts in D.C. and Washington State have now issued injunctions

The U.S. District Court for the Western District of Washington on Thursday became the second court to issue a nationwide injunction blocking the enforcement of President Donald Trump’s executive order barring transgender people from military service.
The order in Schilling v. Trump from Judge Benjamin Hale Settle comes after Judge Ana Reyes of the U.S. District Court for the District of Columbia blocked implementation of the ban earlier this month in Talbott v. Trump.
Friday was the date by which the Pentagon was to begin identifying and separating transgender service members from the armed forces, per Trump’s executive action.
The lead attorneys in Talbott v. Trump, GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi and Shannon Minter, legal director of the National Center for Lesbian Rights, shared statements about the injunction in a press release by NCLR.
āGiven the thousands of brave and decorated transgender servicemembers facing unthinkable harms as the result of this ban, we are heartened but not surprised by todayās decision,ā Levi said. “President Trump’s executive order and Secretary [Pete] Hegseth’s implementation represent a policy that cannot be constitutionally justified. Thousands of transgender servicemembers currently serving have clearly demonstrated they meet all military standards, with many deployed to critical missions worldwide, proving their capabilities beyond question.”
Levi continued, “These dedicated servicemembers and their families have earned our nation’s gratitude and respect, and the government has a responsibility to honor the commitments it has made to them. This is about keeping faith with Americans who have risked everything to defend our freedoms.”
āIn both Talbott and Shilling, it was abundantly clear to the court that it must act swiftly to protect our troops from an unconstitutional and indefensible ban that would disrupt the lives and dismantle the careers of thousands of transgender servicemembers and their families,” Minter said. “The harms associated with this ban are gut-wrenching.ā
Minter continued, āIn each of these cases, the government did not even attempt to claim that any evidence supported its position. There is no reason to discharge individuals who are serving capably and honorably.ā
U.S. Federal Courts
Federal judge hears case that challenges Trump passport executive order
State Department no longer issues passports with ‘X’ gender markers

A federal judge in Boston on Tuesday heard oral arguments in a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022.
Trump signed the executive order that overturned it shortly after he took office. Rubio later directed State Department personnel to āsuspend any application requesting an āXā sex marker and do not take any further action pending additional guidance from the department.ā
āEven before Donald Trump was inaugurated, it was clear to me he wanted to control the lives and identities of transgender people like myself,ā said Orr, a transgender man who lives in West Virginia, in a press release the ACLU released before U.S. District Judge Julia Kobick heard the case. āLike many others, I rushed to update my passport hoping I could get an accurate version. Now, the State Department has suspended my application and withheld all my documents from me, including my passport, my birth certificate, and even my marriage license.”
Li Nowlin-Sohl, a staff attorney for the ACLU’s LGBTQ and HIV Project, described the Trump-Vance administration’s passport policy as “openly discriminatory and animated by a transparent desire to drive transgender people out of public life altogether.”
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
WorldPride is scheduled to take place in D.C. from May 17-June 8. InterPride, the organization that coordinates WorldPride events, on March 12 issued its own travel advisory for trans and nonbinary people who want to travel to the U.S.
It is unclear when Kobick will issue her ruling.
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