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Advocacy groups criticize new Biden immigration policies

White House to expand humanitarian parole program, ‘expedited removal’

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President Joe Biden and Vice President Kamala Harris at the White House on Dec. 13, 2022. (Washington Blade photo by Michael Key)

The Biden administration’s expansion of the the use of “expedited removal” of Cubans, Nicaraguans, Haitians and Venezuelans who enter the U.S. from Mexico without legal authorization has sparked widespread criticism from advocacy groups that specifically work with LGBTQ and intersex asylum seekers and migrants.

The Department of Homeland Security will create a humanitarian parole program for Cubans, Haitians and Nicaraguans that combines “safe, orderly and lawful pathways to the United States, including authorization to work, with significant consequences for those who fail to use those pathways.”

Cubans, Haitians and Nicaraguans through a U.S. Customs and Border Protection app “can seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization, provided that they: Pass righrous biometric and biographic national security and public safety screening and vetting; have a supporter in the United States who commits to providing financial and other support and complete vaccinations and other public health requirements.”

“Individuals do not need to be at the border to schedule an appointment; expanded access to the app in Central Mexico is designed to discourage noncitizens from congregating near the border in unsafe conditions,” notes DHS. “Initially, this new scheduling function will allow noncitizens to schedule a time and place to come to a port of entry to seek an exception from the Title 42 public health order for humanitarian reasons based on an individualized assessment of vulnerability. This will replace the current process for individuals seeking exceptions from the Title 42 public health order, which requires noncitizens to submit requests through third party organizations located near the border.” 

President Joe Biden on Thursday said from the White House as Vice President Kamala Harris stood beside him that Cubans, Nicaraguans, Haitians and Venezuelans “account for most of the people traveling into Mexico to start a new life by getting … to the American border and trying to cross.”

DHS said U.S. Border Patrol “saw” a 90 percent decrease in the number of Venezuelans “encountered at the border” after a similar humanitarian parole progam began for them last October. Uniting for Ukraine, a humanitarian parole program for Ukrainians who fled after Russia launched its war against their country, started in April 2022. 

Up to 30,000 “qualifying nationals” from Cuba, Nicaragua, Haiti and Venezuela will be allowed “to reside legally in the United States for up to two years and to receive permission to work here during that period.”

DHS notes Venezuelans, Cubans, Haitians and Nicaraguans “who do not avail themselves of this procress, attempt to enter the United States without authorization, and cannot establish a legal basis to remain will be removed or returned to Mexico, which will accept returns of 30,000 individuals per month who fail to use these new pathways.”

“The expansion of the Venezuela process to Cuba, Haiti and Nicaragua is contingent on the government of Mexico’s willingness to accept the return or removal of nationals from those countries,” said DHS. “It also is responsive to a request from the government of Mexico to provide additional legal pathways for migrants, and it advances both countries’ interests in addressing the effects throughout the hemisphere of deteriorated conditions in these countries.”  

The administration’s announcement also notes “individuals who enter the United States, Mexico or Panama without authorization following today’s announcement will generally be ineligible for these (humanitarian parole) processes.”

“My message is this: If you’re trying to leave Cuba, Nicaragua, or Haiti, you have … or have agreed to begin a journey to America, do not — do not just show up at the border. Stay where you are and apply legally from there,” said Biden “Starting today, if you don’t apply through the legal process, you will not be eligible for this new parole program. Let me reiterate: You need a lawful sponsor in the United States of America, number one. And you need to undergo a rigorous background check, number two. If your application is approved and you show up at — at a U.S. airport or when and where directed … you have access, but if your application is denied or you attempt to cross into the United States unlawfully, you will not be allowed to enter.”

Title 42 is ‘the law now’

The U.S. Supreme Court on Dec. 27 ruled Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the pandemic, must remain in place.

The Biden administration has sought to end Title 42 but Arizona and 18 other states that include Texas filed a lawsuit. The Supreme Court is expected to hear oral arguments in the case next month.

Biden is scheduled to travel to El Paso, Texas, which is across the Rio Grande from Ciudad Juárez, Mexico, on Sunday before he travels to Mexico City to attend the North American Leaders’ Summit with Mexican President Andrés Manuel López Obrador and Canadian Prime Minister Justin Trudeau. 

“I don’t like Title 42 at all, but it is the law now,” said Biden, who predicted the pandemic-era policy will end this year. “I wanted to make sure there was a rational way to begin this now.”

DHS Secretary Alejandro Mayorkas, who was born in Cuba, on Thursday told reporters that Title 42 “increases” the number of attempts to cross the border without legal authorization. Mayorkas, like Biden, stressed the administration is “required, given the different court orders, to employ Title 42.”

“We will continue to exercise that authority, consistent with the court orders,” said Mayorkas.

Both Mayorkas and Biden said the U.S. will expel foreign nationals who enter the U.S. without legal authorization under Title 8 once Title 42 ends. They also urged Congress to pass a comprehensive immigration reform bill.

“We are here because our immigration system is broken, outdated and in desperate need of reform,” said Mayorkas. “The laws we enforce have not been updated in decades.”

“Many Republicans agree we should do something, but it’s time to stop listening to their inflammatory talk, and it’s time to look at their record,” stressed Biden. “I’ll sit down with anyone who, in good faith, wants to fix our broken immigration system. And it’s hard. It’s hard on the best of circumstances. But if the most extreme Republicans continue to demagogue this issue and reject solutions, I’m left with only one choice: To act on my own, do as much as I can on my own to try to change the atmosphere. Immigration reform used to be a bipartisan issue. We can make it that way again. It’s not only the right thing to do, it’s economically a smart thing to do.”

El Paso, Texas, and Ciudad Juárez, Mexico, on July 15, 2019. President Joe Biden will visit El Paso before he travels to Mexico City for a summit with Mexican President Andrés Manuel López Obrador and Canadian Prime Minister Justin Trudeau. (Washington Blade photo by Michael K. Lavers)

Layla Razavi, interim executive director of Freedom for Immigrants, in a statement said their organization is “deeply disappointed at Biden’s shameful expansion of Trump’s Title 42 policy, which further cements his predecessor’s anti-immigrant legacy.” 

“The Biden administration should be working to restore and strengthen our asylum system, not eroding what has been a vital lifeline for so many in our communities,” said Razavi. “True to Title 42’s original motives, this policy will continue to disproportionately harm Black and brown migrants seeking asylum.”

Organization of Refuge, Asylum and Migration works with LGBTQ and intersex asylum seekers from Ukraine and other countries around the world. Steve Roth, the group’s executive director, last May joined five members of Congress who visited two shelters for LGBTQ and intersex asylum seekers in the Mexican border city of Tijuana.

Roth in a text message to the Blade described the administration’s announcement as “sad and frustrating.”

“It’s unlawful and will limit access to the asylum system for the vast majority of asylum seekers at the border, including LGBTIQ people,” he said. 

Immigration Equality Executive Director Aaron C. Morris in a press release said “every LGBTQ and HIV-positive refugee has the right to apply for asylum in the United States.”

“Requiring our community to file for asylum in unsafe third countries will have mortal consequences for many of us,” he said. “Immigration Equality strongly condemns any proposal by the Biden administration to restrict asylum to LGBTQ and HIV-positive refugees. The United States has a great capacity to protect and support asylum seekers and refugees, maybe more than any other nation. President Biden must stop creating barriers to protection, and instead do everything in his power to facilitate the safe relocation of all LGBTQ and HIV-positive people fleeing persecution.”

San Diego Pride Executive Director Fernando Z. López, like Morris, said “asylum is a human right and an LGBTQ issue,” noting consensual same-sex sexual relations remain criminalized in 68 countries and “people can be put to death simply for being themselves” in 10 of them.

Harris is among the U.S. officials who have publicly acknowledged violence based on sexual orientation and gender identity is one of the “root causes” of migration from Guatemala, El Salvador and Honduras.

“The United States, California and San Diego have been seen as international safe havens for LGBTQ immigrants, refugees, asylum seekers and their families seeking refuge from war, political violence, climate disaster and targeted anti-LGBTQ attacks,” López told the Blade. “The longer any administration prevents those seeking refuge from the ability to live safely and freely in this country, as is their internationally recognized right, our LGBTQ community will continue to have to spend time and resources triaging the crisis at our border.” 

“San Diego Pride, as an organization supporting the LGBTQ community at the U.S.-Mexico border, knows our LGBTQ community needs and deserves real immigration and asylum reform, so we can fully invest in the binational and international capacity-building work we need to truly thrive,” added López. “Today’s announcement only further delays that life-saving, movement-building work.”

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The White House

‘Trump Rx’ plan includes sharp cuts to HIV drug prices

President made announcement on Friday

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President Donald Trump during his meeting on lowering drug prices through TrumpRx. (Washington Blade photo by Joe Reberkenny)

President Donald Trump met with leaders from some of the world’s largest pharmaceutical companies at the White House on Friday to announce his new “Trump Rx” plan and outline efforts to reduce medication costs for Americans.

During the roughly 47-minute meeting in the Roosevelt Room, Trump detailed his administration’s efforts to cut prescription drug prices and make medications more affordable for U.S. patients.

“Starting next year, American drug prices will come down fast, furious, and will soon be among the lowest in the developed world,” Trump said during the meeting. “For decades, Americans have been forced to pay the highest prices in the world for prescription drugs by far … We will get the lowest price of anyone in the world.”

Trump signed an executive order in May directing his administration “to do everything in its power to slash prescription drug prices for Americans while getting other countries to pay more.”

“This represents the greatest victory for patient affordability in the history of American health care, by far, and every single American will benefit,” he added.

Several pharmaceutical executives stood behind the president during the announcement, including Sanofi CEO Paul Hudson, Novartis CEO Vas Narasimhan, Genentech CEO Ashley Magargee, Boehringer Ingelheim (USA) CEO Jean-Michel Boers, Gilead Sciences CEO Dan O’Day, Bristol Myers Squibb General Counsel Cari Gallman, GSK CEO Emma Walmsley, Merck CEO Robert Davis, and Amgen Executive Vice President Peter Griffith.

Also in attendance were Health and Human Services Secretary Robert F. Kennedy Jr., Commerce Secretary Howard Lutnick, Centers for Medicare and Medicaid Services Administrator Mehmet Oz, and Food and Drug Administration Commissioner Marty Makary.

Under the Trump Rx plan, the administration outlined a series of proposed drug price changes across multiple companies and therapeutic areas. Among them were reductions for Amgen’s cholesterol-lowering drug repatha from $573 to $239; Bristol Myers Squibb’s HIV medication reyataz from $1,449 to $217; Boehringer Ingelheim’s type 2 diabetes medication jentadueto from $525 to $55; Genentech’s flu medication xofluza from $168 to $50; and Gilead Sciences’ hepatitis C medication epclusa from $24,920 to $2,425.

Additional reductions included several GSK inhalers — such as the asthma inhaler advair diskus 500/50, from $265 to $89 — Merck’s diabetes medication januvia from $330 to $100, Novartis’ multiple sclerosis medication mayzent from $9,987 to $1,137, and Sanofi’s blood thinner plavix from $756 to $16. Sanofi insulin products would also be capped at $35 per month’s supply.

These prices, however, would only be available to patients who purchase medications directly through TrumpRx. According to the program’s website, TrumpRx “connects patients directly with the best prices, increasing transparency, and cutting out costly third-party markups.”

Kennedy spoke after Trump, thanking the president for efforts to lower pharmaceutical costs in the U.S., where evidence has shown that drug prices — including both brand-name and generic medications — are nearly 2.78 times higher than prices in comparable countries. According to the Pharmaceutical Research and Manufacturers of America, roughly half of every dollar spent on brand-name drugs goes to entities that play no role in their research, development, or manufacturing.

“This is affordability in action,” Kennedy said. “We are reversing that trend and making sure that Americans can afford to get the life-saving solutions.”

Gilead CEO Dan O’Day also spoke about how the restructuring of drug costs under TrumpRx, combined with emerging technologies, could help reduce HIV transmission — a virus that, if untreated, can progress to AIDS. The LGBTQ community remains disproportionately affected by HIV.

“Thank you, Mr. President — you and the administration,” O’Day said. “I think this objective of achieving the commitment to affordability and future innovation is extraordinary … We just recently launched a new medicine that’s only given twice a year to prevent HIV, and we’re working with Secretary Kennedy and his entire team, as well as the State Department, as a part of your strategy to support ending the epidemic during your term.

“I’ve never been more optimistic about the innovation that exists across these companies and the impact this could have on America’s health and economy,” he added.

Trump interjected, asking, “And that’s working well with HIV?”

“Yes,” O’Day replied.

“It’s a big event,” Trump said.

“It literally prevents HIV almost 100 percent given twice a year,” O’Day responded.

A similar anti-HIV medication is currently prescribed more than injectable form mentioned by O’Day. PrEP, is a medication regimen proven to significantly reduce HIV infection rates for people at high risk. Without insurance, brand-name Truvada can cost roughly $2,000 per month, while a generic version costs about $60 per month.

Even when medication prices are reduced, PrEP access carries additional costs, including clinic and laboratory fees, office visits, required HIV and sexually transmitted infection testing, adherence services and counseling, and outreach to potentially eligible patients and providers.

According to a 2022 study, the annual total cost per person for PrEP — including medication and required clinical and laboratory monitoring — is approximately $12,000 to $13,000 per year.

The TrumpRx federal platform website is now live at TrumpRx.gov, but the program is not slated to begin offering reduced drug prices until January.

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EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine

Trans former assistant health secretary’s name changed on official portrait

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Adm. Rachel Levine (Washington Blade photo by Michael Key)

Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.

The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.

Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.

According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.

Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.

“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”

“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”

The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.

The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

The Washington Blade reached out to HHS, but has not received any comment.

The lawsuit and four FOIA requests are below:

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Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming

It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.

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Protesters march in defiance of the changes to the Kennedy Center following Trump's takeover in March. (Washington Blade Photo by Michael Key)

The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.

White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”

Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.

“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.

Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.

Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.

Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”

In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.

He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.

Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.

“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.

For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.

In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.

That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.

As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.

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