A transgender Brazilian congresswoman says the U.S. issued her a visa that listed her gender as “male.”

Erika Hilton on Wednesday wrote on her Instagram page that she requested a visa that would have allowed her to travel to the U.S. in order to participate in the Brazil Conference at Harvard University and the Massachusetts Institute of Technology.

The conference took place earlier this month.

“I was classified as ‘male’ by the U.S. government when I went to get my visa,” wrote Hilton, who added a visa she received from the U.S. in 2023 listed her gender as “female.”

Hilton is a Black travesti and former sex worker from São Paulo who won a seat in the Brazilian Congress in 2022. The Washington Blade spoke with Hilton shortly after her election.

“It is a big responsibility … but I feel very honored,” said Hilton. “I very much like to be able to be a representative for my people, and the more than 250,000 people who voted for me have confidence in me,” she said after she spoke at a rally in support of now Brazilian President Luiz Inácio Lula da Silva in a São Paulo square. “This demonstrates that our work has the potential to have a gigantic reach; where we can advance efforts to end death, poverty, misery, genocide that we have.”

President Donald Trump in his inaugural speech announced the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has also banned the State Department from issuing passports with “X” gender markers.

Germany and Denmark are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S. These warnings come ahead of WorldPride, which is scheduled to take place in D.C. from May 17-June 8.

Hilton said she is “not surprised” the U.S. issued her a visa with a male gender marker.

“I’m also not surprised by the level of hatred and fixation these people have with trans people,” she said. “After all, the documents I presented are rectified, and I’m registered as a woman, even on my birth certificate.”

Hilton further accused the U.S. of “ignoring official documents from other sovereign nations, even from a diplomatic representative.”

“At the end of the day, I’m a Brazilian citizen, and my rights are guaranteed and my existence is respected by our own constitution, legislation, and jurisprudence,” she said.

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An unprecedented case could set an important legal precedent for the rights of labor rights for LGBTQ families in Latin America.

Leonardo Hatanaka, a Brazilian pharmaceutical professional, expects an imminent ruling from the Superior Court of Justice in the Autonomous City of Buenos Aires in a case that alleges discriminatory dismissal based on sexual orientation, gender identity, and xenophobia after their son Matteo’s birth in Argentina via “solidarity gestation.” Human rights organizations and international agencies have followed the case closely.

Genzyme de Argentina S.A. and Sanofi in 2023 fired Hatanaka weeks after they notified them of their son’s paternity and requested 180-day parental leave.

“Matteo’s birth was the realization of a dream and the right to form a family with love, dignity and equality, even if that means having to fight every day for our family to be recognized as such,” Hatanaka told the Washington Blade in an exclusive interview.

The National Institute Against Discrimination, Xenophobia and Racism, a government agency known by the acronym INADI that President Javier Milei’s administration has shut down, in November 2023 said Hatanka’s termination was motivated by discrimination based on sexual orientation and gender identity.

(Milei took office in December 2023.)

The General Directorate of Coexistence in Diversity in Buenos Aires’s government in 2024 said institutional xenophobia motivated the firing.

“I am a gay man, foreign, nonbinary, and I had requested to exercise my right to parental leave,” Hatanaka explained. “The company denied access to a basic right to care, which it does provide in other countries, and did not provide any medical coverage for our son, despite his legal registration with both parents’ names.”

Sanofi did not acknowledge responsibility, offer apologies or any kind of reparations, despite the two rulings.

“It was devastating. I was caring for a newborn, at a moment of enormous vulnerability, and the company chose just that moment to abandon us,” said Hatanaka.

The National Labor Court overturned an initial injunction that ordered Hatanaka’s reinstatement. Hatanaka appealed the decision to the Superior Court of Justice in the Autonomous City of Buenos Aires.

“I hope for justice; that the discrimination suffered is recognized, and that this ruling serves as a precedent for all diverse families and LGBTQ+ people who are seeing their rights violated,” said Hatanaka.

The Argentine LGBT Federation, SOS Homophobie in France, and Mothers of Resistance in Brazil are among the organizations that have expressed their support. The latest U.N. report on anti-LGBTQ discrimination also notes the case.

“Companies must go beyond marketing,” Hatanaka emphasized. “Real inclusion requires concrete actions, consistency, and respect for their own policies.”

Hatanaka stressed that “there are instruments such as the UN Guiding Principles on Business and Human Rights. It is time for them to comply with them.” The lawsuit has also become a symbol of the struggle for equality and protection of families with parents who are the same sex.

“I feel I represent many LGBTQ+ families who live in fear of losing everything by exercising their rights,” said Hatanaka. “LGBTQ+ parenting is legitimate, real and deserves protection. No family should be punished for existing.”

Editor’s note: Washington Blade International News Editor Michael K. Lavers will be on assignment in Argentina through April 12.

BUENOS AIRES, Argentina — A group of Argentine transgender activists with whom the Blade spoke on April 4 said President Javier Milei’s policies have made their community even more vulnerable to violence, discrimination, and poverty.

“The situation is really chaotic, desperate,” said Florencia Guimaraes García, a travesti activist who is president of the House of Lohana and Diana Civil Association. “There is also a lot of fear among the trans and travestí community towards the government’s policies.”

Guimaraes’s group is named after Diana Sacayán, a prominent trans activist who was stabbed to death inside her Buenos Aires apartment in 2015, and Lohana Berkins, the founder of the Association for the Fight for Travesti and Transsexual Identity who died in 2016.

Guimaraes and three other trans activists — Julia Amore, Sasha Solano, and Daniela Ruíz — spoke with the Blade after they participated in a trans and travestí rights forum that took place at an LGBTQ cultural center in downtown Buenos Aires. Alba Rueda, the country’s former special envoy for LGBTQ rights, also took part.

“We are in a bad moment for the rights and quality of life of LGBTQ+ people,” Rueda told the Blade during a February 2024 interview.

Milei took office on Dec. 10, 2023, after he defeated then-Economy Minister Sergio Massa in the second round of that year’s Argentina’s presidential election. Rueda resigned before Milei assumed the presidency.

Milei, an economist and former congressman, shortly after he took office eliminated the country’s Women, Gender and Diversity Ministry.

Milei last year closed the National Institute Against Discrimination, Xenophobia and Racism, a government agency known by the acronym INADI that provided support and resources to people who suffered discrimination based on sexual orientation, gender identity, and other factors. Milei in 2024 also dismissed trans people who the government hired under the Trans Labor Quota Law, which set aside at least 1 percent of public sector jobs for trans people.

Argentina’s landmark Gender Identity Law that, among other things, allows trans and nonbinary people to legally change their gender without medical intervention, took effect in 2012 when Cristina Fernández de Kirchner was president. Milei on Feb. 5 issued a decree that restricts minors’ access to gender-affirming surgeries and hormone treatments.

Gay Congressman Esteban Paulón, a long-time LGBTQ activist, filed a criminal complaint against Milei after he linked the LGBTQ community to pedophilia and made other homophobic and transphobic comments during a Jan. 23 speech at the World Economic Forum in Davos, Switzerland. Millions of people in Buenos Aires and across Argentina participated in marches against Milei that took place less than two weeks later.

Milei is among the heads of state who attended President Donald Trump’s inauguration. Milei also spoke at this year’s Conservative Political Action Conference in National Harbor, Md.

“Violence is more explicit, more common,” Guimares told the Blade, noting police violence has become more common against sex workers who are trans or travestí since Milei took office. Guimares added this situation is worse outside of Buenos Aires.

“The situation is different, depending on the location, and even more so in other provinces,” she said. “Even living in the province of Buenos Aires isn’t the same as living in Salta, or in Jujuy, or in Corrientes, or in provinces where the population is more conservative, where the discourse from the churches is much stronger, where all of this has a much crueler impact.”

“Milei’s discourse has legitimatized all of this,” added Guimaraes.

Amore said Argentina before Milei “had been a beacon” for human rights around the world.

“We’ve been building these laws with a lot of struggle, a lot of effort, with allies, and it wasn’t enough because we didn’t reach our goal,” she said. “These are very young. Our democracy is very young; we have a 40-year-old democracy and we are talking about a Gender Identity Law that is 12-years-old.

Amore added Milei is trying to erase trans and travestí people. Ruiz, an activist and actress who founded Siete Colores Diversidad, agreed.

“It is a cultural battle for us,” Ruiz told the Blade, referring for the continued struggle for trans and travestí rights in Argentina.

“It marks a cultural paradigm shift that we were carrying out day after day, making ourselves visible,” she added. “We carried it out by making ourselves politically visible, by presenting our travestí and trans Latin American visibility as a beacon to the world.”

The activists spoke with the Blade less than three months after Trump took office.

The American president, like Milei, has targeted the trans community with executive orders and policy directives. These include banning the State Department from issuing passports with “X” gender markers and prohibiting trans adults and young people from sports teams that correspond with their gender identity.

Solana, a trans woman from Peru who advocates on behalf of migrants, noted one of the first executive orders that Trump signed directed the federal government to only recognize two genders: Male and female.

“Man and woman. Period,” she said.

Guimares added Milei’s anti-LGBTQ discourse isn’t even his “original speech, but rather a line drawn from the U.S. government of Donald Trump and its agenda, which he established from the beginning and which he campaigned on as well.”

“This also follows in line with parties like Vox in Spain and other European countries, where we see how in Hungary, where an LGBTI Pride march (in Budapest) is now banned, and in other countries around the world where the population is having a really hard time,” said Guimaraes. “So, it’s not something original from Milei, but rather he’s taking part in those political agendas to generate strategies and alliances to be able to access economic resources.”

Amore, for her part, urged her American counterparts to continue the fight.

“Don’t let down your guard,” said Amore. “Organize. Come together. Speak out. Become visible in community. Respect the diversity of voices and put your own voices first and make yourselves more visible.”