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As the public health emergency ends, a humanitarian crisis begins for LGBTQ asylum seekers

Title 42 ended on May 11

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The Rio Grande between Matamoros, Mexico, and Brownsville, Texas, on Jan. 14, 2020. (Washington Blade photo by Michael K. Lavers)

LGBTQIA+ people from around the world who come to the U.S. Southern border seeking safety from escalating discrimination and violence are now met with an impossible new system that denies us our human rights. Under Title 42, we struggled to find pathways from persecution in our home countries. When it was lifted on May 11, Biden replaced it with an asylum ban that forces us to stay in unsafe conditions while we try, and fail, to make an appointment on an app that does not work.

A gay asylum seeker myself, I experienced first-hand the challenges of proving my worthiness of protection under Title 42. Homosexuality is criminalized in a third of the worldā€™s countries, forcing LGBTQIA+ people to face violence, harassment and discrimination, sometimes from our own government authorities. The Title 42 policy launched at the beginning of the COVID emergency prevented us from making an asylum case properly, leaving us in a state of vulnerability and without the protection we desperately needed. We faced increasing risks as we navigated detention or processing centers and were forced to return to countries where our lives were in danger.

I am now the client services manager at Lawyers for Good Governmentā€™s Project Corazon, where we coordinate legal services for thousands of LGBTQIA+ people fleeing danger, like I once did. Every day, I see how Bidenā€™s new asylum ban makes pleading such claims nearly impossible. One of our clients, Mario, poses the perfect example. 

Mario, a gender non-conforming Guatemalan asylum seeker from the Maya QŹ¼eqchiŹ¼ community, carries on their late fatherā€™s legacy as a traditional herbal medicine expert and human rights advocate. In March 2022, they organized peaceful protests against the countryā€™s homophobic ā€œprotection of life and familyā€ bill, which was later passed by the Guatemalan Congress. However, their involvement led to persecution and torture by government-affiliated leaders, who accused them of witchcraft. Expelled from their community under indigenous ā€œlaws,ā€ Mario sought refuge within Guatemala but faced ongoing persecution. Surviving two firearm assassination attempts, they fled to the United Statesā€™ Southern border to seek asylum.

Arriving at the Matamoros-Brownsville International Bridge, Mario exercised their rights under international law to express their intent to seek asylum directly to a Customs and Border Control asylum officer, the proper process before the U.S. government introduced the notoriously glitchy CBP One app earlier this year. Introduced to create an ā€œorderlyā€ means of arguing an exemption to Title 42, the app instead created yet another barrier to accessing asylum. Instead of accepting their declaration, the officer instructed them to use the app to make an appointment wherein they would check a box claiming they were exempt from the Title 42 public health emergency, and receive an appointment to tell their story and hopefully receive parole so they could begin the asylum process.

Mario managed to get access to a smartphone, but their limited literacy and unfamiliarity with technology posed challenges. The app failed to recognize their darker complexion during the photo capture process, as it did with numerous asylum seekers. Still, Mario did not give up: They struggled to secure an appointment every day, fearing their inability to verify their identity or meet the appā€™s listed vulnerabilities would hinder their right to request asylum. After 90 days of unsuccessful attempts and increasing dangers in Matamoros, they finally could not wait any longer and chose to instead risk crossing the hazardous river near the International Bridge to enter the U.S. They were intercepted by CBP and processed. Following a 72-hour case review, Mario received one-year parole, enabling them to pursue their asylum case in a safer environment.Ā 

If this new asylum ban had been in place, Mario would not be here today. They would have to prove that they had first sought asylum in Mexico, or figure out how to use an app that is not available in their language, or simply be forced to remain in a place where they had received numerous threats on their life. And had they attempted to cross, they would be deported ā€œhomeā€ to a country that is notoriously hostile to LGBTQIA+ people, especially those with darker skin, and prohibited from seeking asylum in the U.S. again for five years.Ā 

This is now how asylum law works. Under existing asylum procedures that have been the law of the land since 1980, when Title 42 lifted on May 11, Mario should have just been able to walk up to an asylum officer and plead credible fear of harm based on their membership in a persecuted group. However, instead, the Biden administration pushed through critical, harsh changes to how asylum seekers on our southern border can seek protection, directly endangering our community and our lives.

It is not too late for the Biden administration to ensure that the new asylum rule does not exclude or discriminate against LGBTQIA+ people seeking protection in the United States. First, the administration should train immigration officials on the specific challenges facing our community, including understanding the laws and situations facing LGBTQIA+ people in different countries; this will guarantee a fair and appropriate evaluation in each individual case, and will avoid the perpetuation of stereotypes and prejudices that can lead to wrong decisions. Second, the administration must put mechanisms in place to provide legal advice and emotional support to people in our community seeking asylum, as we often face additional barriers due to our sexual orientation or gender identity. Third, the administration must fulfill its promise to create alternative pathways for people at imminent risk of harm, including our community members fleeing oppression.

The LGBTQIA+ community deserves an asylum system in the U.S. that recognizes and protects our fundamental human rights. Only then can we build an asylum system that reflects our values of equality and justice for all.

Estuardo Cifuentes is the client services manager at Lawyers for Good Governmentā€™s Project Corazon.

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Opinions

A confused Biden and a deranged Trump

Sad state of affairs after first presidential debate

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

Joe Biden was clearly ready with some facts for this debate, the sad part is he couldnā€™t articulate them. He sounded raspy, and lost track of what he was saying in the first few minutes of the debate. He did get better as the debate progressed but came off sounding and looking like an old man. For those of us hoping he would sound like he did at the State of the Union, or the speech he gave on anti-Semitism, it was a huge disappointment. 

So, where his campaign goes from here is anyoneā€™s guess. Behind the scenes some Democrats are calling for him to step down as the candidate. But that is much more difficult than it seems at this time. And then, will there be a fight for who the candidate will be. Will it automatically be Kamala Harris, or will it be someone else?  So many unanswered questions over the next couple of weeks.

The only positive take-away for Democrats from the debate was how deranged Donald Trump sounded. He refused to deal with any issue, refused to say he would accept the results of this election, refused to acknowledge climate change, or Jan. 6, and kept saying how the states should control the issue of abortion, and womenā€™s health. Every one of these things should be frightening to so many people. It is clear if Trump is elected, we will have a dictator in the White House, who believes Hitler did good things. His election is scary for women, young people, Black Americans, and the LGBTQ community. If states control issues related to any of these groups, they are screwed. 

One of the very few good lines Biden got across was when he said 40 high-level Trump appointees, members of the Cabinet, and his vice president, have refused to endorse him as they know him best. People need to take their word for how bad he will be should he be reelected. Trump kept talking nonsense and it was hard to keep up with the lies. The moderators didnā€™t call him on any of it, but CNN has said before the debate they wouldnā€™t. But then Biden missed so many chances to call him on the garbage he was spouting. I kept hoping he would turn to him and say clearly, ā€œYou canā€™t believe all the BS you are spouting. You sound like a deranged six-year-old and someone who would take our country down the tubes.ā€

Now I accept the fact Biden speaks more slowly and softly. Though after the debate they said he had a cold. He could have said that at the beginning of the debate, if it was true, and explained his voice to the audience. And while we know he has a stutter, it seemed so much worse during the debate than it normally does. Was it nerves, maybe, but difficult nonetheless for him, and for those listening. We must have compassion for anyone with any kind of a disability. Then one had to ask, was he over-prepared for this debate? Was he so scripted he didnā€™t dare say anything off script. When he did, they got into this thing about golf handicaps and both sounded so childish. 

Biden did manage to talk about the things he has done, and the successes of his first administration. There have been many. First bringing the country successfully out of the pandemic. He spoke about unemployment being the lowest it has been in decades, and the more than 15 million jobs created since he took office. He was honest about inflation and the fact that not all the economic successes the country is having are trickling down to every American. He understands that rents are high, and grocery bills are still too high. He made clear he wants to raise taxes on the rich and Trump wants to lower them. He had a plan to ensure Social Security would stay solvent, Trump had nothing as usual. 

Finally, I was surprised that in his two-minute closing, Biden didnā€™t go back to the issues of abortion, climate change, and saving democracy. Did his debate prep team tell him not to? If so, they were wrong. Whether it remains Joe Biden on the ticket, or is someone else, I am 1,000% committed to do everything I can to see Democrats are elected across the board. It is clear to me, and should be to all decent people, electing Donald Trump and his MAGA Republicans, will be the end of our country as we know it today.Ā 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Opinions

As fewer anti-LGBTQ bills pass, the fight gets harder

A growing indifference to suffering that is baked into the legal system

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(Photo by Proxima Studio/Bigstock)

In recent years, advocates have faced an unprecedented avalanche of anti-LGBTQ legislation each spring. In 2024, however, the onslaught seems to have faltered somewhat. While hundreds of anti-LGBTQ bills were once again introduced, as many state legislative sessions draw to a close, fewer bills have been enacted into law.

While that may seem like cause for celebration, itā€™s also cause for concern.

To be sure, the slowdown in anti-LGBTQ legislation is welcome. Beginning in 2020, legislation targeting transgender rights in particular had sailed through state legislatures, with the number and scope of hostile bills increasing each year. Unlike earlier years when one or two prominent anti-LGBTQ bills triggered a national pushback that often chastened lawmakers, hundreds of bills have been introduced during legislative sessions in the last four years, often with little debate or scrutiny, and dozens of them zealously passed into law.

Those bills do real damage when they are enacted, cutting LGBTQ people off from material benefits like health care and domestic violence sheltersrecognition by the state, and equal participation in public life. Even when they fail to become law, they have devastating effects on the mental health of LGBTQ people, throwing their lives into disarray and sapping valuable time and energy from LGBTQ communities. This especially affects children, with more than 90 percent of LGBTQ young people in a recent Trevor Project survey reporting that politics had negatively affected their personal well-being.

But the recent slowdown, far from being a positive signal, may well reflect a growing indifference to the suffering of LGBTQ people that is now baked into the political and legal system. Opponents of LGBTQ rights have normalized hostile rhetoric and enacted draconian laws that seemed unthinkable just a couple of years ago, and even ardent supporters of equality find themselves unsure how they might reverse state laws that unapologetically strip away LGBTQ rights.

If anything, it has become apparent that the damage that has been done since 2020 will most likely reverberate for a generation, and the past year shows that restoring and advancing LGBTQ rights will be a painstaking endeavor.

And one sobering reason for the slowing pace of anti-LGBTQ legislation is that, at this point, many conservative states have already stripped away important rights, particularly for transgender children. As of 2024, half of the states in the U.S. prohibit transgender girls from playing school sports, and half have banned or criminalized at least some forms of medically indicated healthcare.

Put differently, lawmakers arenā€™t targeting some rights this year because theyā€™ve already eviscerated them.

Yet even as the pace of legislation slows, critical rights continue to be stripped away. According to the ACLU, more than 30 anti-LGBTQ bills have been enacted in 2024 ā€” fewer than the 84 enacted in 2023, but still far too many. Among them, Utah and Mississippi restricted transgender people from accessing bathrooms and locker rooms in public schools and other government buildings.

Lawmakers in Ohio overrode the governorā€™s veto to ban transgender children from receiving gender-affirming care or playing sports consistent with their gender identity. South Carolina and Wyoming similarly enacted blanket bans preventing transgender children from accessing gender-affirming care.

Many of the bills that have been introduced this year sought to expand existing anti-LGBTQ legislation in new ways. Alabama, for example, successfully expanded its bathroom ban from K-12 schools to colleges and universities. Even those that didnā€™t pass are in many cases likely to be reintroduced after the 2024 election, particularly if anti-LGBTQ lawmakers increase their showing in state legislatures or if governors who are supportive of LGBTQ rights are no longer positioned to veto hostile legislation.

In many states with anti-LGBTQ legislation, administrative and regulatory agencies are being used to curtail LGBTQ rights even further. Florida offers an instructive example. Even after years of anti-LGBTQ legislation, the Florida Department of Highway Safety and Motor Vehicles took things a step further within its mandate, and decided in 2024 that transgender people could no longer update the gender marker on their driverā€™s licenses. This echoes recent regulatory crackdowns elsewhere in the United States, from the Texas Department of Family and Protective Services investigating parental support for transgender children as child abuse to school boards across the country stripping away lifesaving resources in schools.

And while many believed that courts would provide a bulwark against discriminatory legislation and regulations, in part because of strong Supreme Court precedent to suggest that anti-transgender discrimination is a form of sex discrimination, that has not consistently been the case. Trial courts have largely found in favor of transgender litigants, criticizing the insufficient justification and discriminatory purpose of anti-transgender laws, but some appellate courts have nevertheless allowed the laws to take effect.

Perhaps most alarming, there are advocates and lawmakers who, if in a position to do so, are eager to carry out an even harsher attack on LGBTQ rights. Project 2025, which a group of conservative organizations has drafted as a roadmap for a second Trump administration, promises an even more draconian attack on LGBTQ rights. This would include rolling back existing nondiscrimination protections for LGBTQ people, reinstating the transgender military ban, and codifying state restrictions on transgender rights at the federal level, in addition to limiting recognition of same-sex relationships.

The anti-LGBTQ backlash may be waning in certain respects ā€” but in other ways, it has only just begun. As we celebrate Pride, LGBTQ people and their allies should be mindful of the need to support those communities whose rights are being eroded, invest in transgender rights organizing, demand that lawmakers prioritize LGBTQ rights, and fight for the independent institutions and protections for basic freedoms that are essential to hold power to account.

Ryan Thoreson is a specialist on LGBTQ rights at Human Rights Watch and teaches at the University of Cincinnati College of Law.

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Commentary

LGBTQ people deserve freedom, a sense of home, and belonging

Latoya Nugent found refuge in Canada after fleeing Jamaica

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Latoya Nugent, center, at the March for LGBTQ+ Rights in Toronto on May 16, 2024. (Photo courtesy of Rainbow Railroad)

Seven years ago, my fight for queer liberation in notoriously homophobic Jamaica culminated in a violent and brutal unlawful arrest and detention. This was the peak of decades of persecution due to my sexual orientation and work as a queer human rights defender and activist. It completely broke me and silenced me. I suffered severe emotional trauma, from which I am still recovering years later. 

Following that life-threatening arrest, I became a shell of who I once was. I cut off communication with my community for several years, unable to face my fear of the police and the hostility of the world around me. 

In 2022, I was one of the 9,591 at-risk LGBTQI+ people who reached out to Rainbow Railroad for help. Through the organizationā€™s Emergency Travel Support (ETS) program, which relocates at-risk LGBTQI+ people and helps them make asylum claims in countries like the U.S., I resettled in Canada where Iā€™ve been living safely with dignity and pride. 

This Pride Month, Iā€™m reflecting on what it means to be safe. Who has access to safety and why others are excluded from it. What is our collective role and responsibility in expanding safety for our queer and trans communities, especially those in the over 60 countries that criminalize LGBTQI+ people? 

Safety means different things to different people depending on our experiences and journeys. For me, itā€™s the difference between suffering and thriving, feeling worthless and worthy, and feeling hopeless and hopeful. It is the difference between displacement and belonging. 

Rainbow Railroad recently released a report that examines the state of global LGBTQI+ persecution, drawing on data from 15,352 help requests spanning 100+ countries. This report is significant for several reasons, chief among them is the reality that no other organization or government captures the breadth and depth of data on LGBTQI+ forced displacement, perpetuating the invisibility of queer individuals in humanitarian responses. The report is an important contribution to the discourse on the intersection of queer identity, LGBTQI+ persecution, forced displacement, and humanitarian protection systems. 

Of all the data and insights uncovered in the report, I was most struck by one statistic ā€” 91 percent of at-risk LGBTQI+ individuals relocated through the ETS program reported an improved sense of personal safety. This statistic is particularly personal to me because ETS was the only relocation option accessible to me in 2022 when I reached out to Rainbow Railroad for help. 

I am in that 91 percent because I am now thriving. I feel worthy. I am hopeful about life. And I belong. 

Today, among the 120 million forcibly displaced people around the world, queer and trans individuals face compounded complications from homophobia and transphobia while trying to access protection and safety. And while the anti-gender movement continues to swell in some states, I firmly believe that the U.S. remains a global leader in refugee resettlement ā€” which is why the U.S. government must uphold its international obligations and reverse its recentĀ executive orderĀ that imposes severe restrictions on the right to seek asylum.Ā 

Queer and trans individuals deserve freedom, a sense of home, and belonging ā€” realities that flourish only when rooted in the bedrock of safety. 

There is a lot more work to be done. It’s challenging. It’s complex. It’s costly. But I have experienced firsthand what the transformative impact of Rainbow Railroadā€™s work has on someone’s life ā€” that ability to lift people out of danger into safety is something worth celebrating this Pride. 

Latoya Nugent is the head of engagement for Rainbow Railroad.

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