National
Immigration Equality chief to depart at year’s end
Eight-year career culminated with Supreme Court ruling helping gay bi-national couples
Executive Director of Immigration Equality Rachel Tiven will depart the organization at the end of this year. (Blade file photo by Michael Key).
Rachel Tiven, executive director of Immigration Equality, announced on Tuesday that she will depart the organization effective Dec. 31 after eight years there. The resignation comes just more than one month after the Supreme Court ruling striking down the Defense of Marriage Act.
During an interview with the Washington Blade on Tuesday, Tiven said her decision to leave was independent of the Supreme Court’s ruling and something she had planned for some time.
“I felt for a long time that we were going to win this year for LGBT families and that would add to our past wins on lifting the HIV travel ban and our success at building LGBT asylum as a field,” Tiven said. “Honestly, if we had lost, I think the organization would have deserved new leadership who could bring a new vision for how to win.”
Tiven said the board of directors is launching a search to find the next executive director who has a vision for where Immigration Equality will head next, which she predicted would include expanded asylum work and ending unfair practices against LGBT immigrants in detention.
“I wanted to announce a nice, long time in advance so the board would have time to search and I’m sure they’re going to find someone great,” Tiven said. “It’s bittersweet because I really love my work, but I think it’s important to give the organization an opportunity to really think about new leadership and new vision.”
Following her departure, Tiven’s immediate plans are personal. She plans to travel to Israel with family for a seven-month sabbatical so her kids can “have a different experience” for a while.
But in the months remaining with Immigration Equality, Tiven said she intends to focus on the work her organization has previously pursued. That includes additional interest in LGBT asylum seekers in Russia coming to the United States amid controversy over the country’s anti-gay propaganda law, especially because these applications generally face additional complications.
“We project our total inquiries from Russia to essentially double this year over last year,” Tiven said. “Interestingly, one of things that we’re seeing is that cases for LGBT asylum seekers from Russia are ‘referred’ — which is an immigration asylum law word that means not granted in the first instance, but rather referred for what is effectively an appeal in immigration court — much more often than cases in other countries. So, in a nutshell, it’s harder for Russians to win asylum in the U.S.”
Other priorities are helping to ensure Congress passes comprehensive immigration reform legislation and overseeing implementation in the post-DOMA world to ensure married bi-national same-sex couples, who were previously barred from applying for I-130 marriage-based green cards, have access to them.
“We hear every day from couples who are grappling with lots of different kinds of snafus,” Tiven said. “It’s challenging for people to navigate what is a very, very, very complicated system. There are couples who have been waiting for years, some of them for decades for their green card and they can’t get them soon enough.”
In the past year, one of Immigration Equality’s most prominent efforts was the pursuit of the inclusion of language along the lines of the Uniting American Families Act as part of comprehensive immigration reform. In May, Democrats working on the bill in the Senate Judiciary Committee refused to include the provision after Republicans voiced opposition, leaving the Supreme Court as the agency to take action on behalf of gay bi-national couples by striking down the Defense of Marriage Act.
After that vote, Tiven said the decision not to include gay couples as part of the larger bill is still a memory tinged with sadness.
“The Senate vote was a real low point in the immigration debate in the Senate Judiciary Committee, which was otherwise a pretty inspiring show of support for future Americans and for the families who want to be full participants in our society,” Tiven said. “It really showed that as far as we’ve come, in a year in which we saw lots of progress, there is still a nasty anti-gay strand that is alive and well in American politics.”
Asked whether the court ruling against DOMA makes the Senate committee’s decision not to include gay couples in the immigration bill any more forgivable, Tiven replied succinctly, “No.”
Andrew Lane, a prominent New York-based gay donor, said he’s “entirely unsurprised” that Tiven is leaving Immigration Equality and said it’s predicated on the Senate’s failure to include gay couples as part of immigration reform.
“Her stewardship of IE, and her fundraising for the organization, were premised on permanent partners,” Lane said. “So when the Senate Judiciary Committee threw us under the bus, that landed on her shores — a profound failure. My involvement in queer immigration politics is limited, but I’m very clear about the degree to which IE marginalized itself in the most important reform conversations. And then Windsor happened, which rendered the controversy — and IE’s non-asylum work — moot.”
But members of Immigration Equality’s board said upon news of Tiven’s departure they’re happy with her work. In a statement, Joseph Landau, the organization’s board chair, credited her “wisdom, leadership and expertise” as the reason for Immigration Equality’s “unparalleled track record.”
“The board couldn’t be more proud of her success, which led to a series of historic victories for LGBT immigrants,” Landau said. “In addition, her ability to grow the organization’s budget to meet our expanding profile, hire incredible staff members, and manage two offices doing ground-breaking legal aid and policy work has made Immigration Equality one of the most respected organizations in the movement.”
Prerna Lal, another Immigration Equality board member and lesbian DREAM activist, told the Washington Blade news of Tiven’s departure was a “great loss” for the organization.
“Rachel has been at the forefront of so many great efforts of LGBT immigration and our asylum work as well as bi-national couples work,” Lal said. “That means she’s really been a tour de force in the immigration rights world as well as the LGBT world. It’s a loss for the organization, I feel like. I don’t know who’ll fill her shoes, but we’ll try very hard to do it.”
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers
A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
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 “X” 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 his executive order shortly after he took office in January.
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.
“This ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,” said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
“By forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.”
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building
Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the President’s Emergency Plan for AIDS relief and other “life-saving humanitarian assistance” programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations — OUT LGBT Well-being and Access Chapter 2 — that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.
U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves
Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.
Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.
These included “I Know Why the Caged Bird Sings” by Maya Angelou, “Stone Fruit” by Lee Lai, “The Hate U Give” by Angie Thomas, “Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong” by James W. Loewen, “Gender Queer: A Memoir” by Maia Kobabe, and “Democracy in Black: How Race Still Enslaves the American Soul” by Eddie S. Glaude, Jr.
The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.
In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”
“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,” Lambda Legal Chief Legal Officer Jennifer C. Pizer and LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
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