Free pass: Dems introduce bill to exempt LGBTQ+ migrants from detainment

by Chris Lange

Chris Lange, FISM News


A new Democrat-proposed bill would add LGBTQ+ migrants to the growing list of illegal aliens who are given a free pass into the U.S. under the Biden administration.

The bicameral Dignity for Detained Immigrants Act would designate any migrant who “identifies as lesbian, gay, bisexual, transgender, queer, or intersex” as a “vulnerable person.” These individuals, as well as several other categories of “vulnerable” groups, would be exempted from detainment if they meet additional requirements. Listed among the categories of migrants who meet the broad definition of the term under the bill are those who cannot speak English, are under 21 or over 60, are pregnant, victims or witnesses of a crime, and/or those who cite credible fear of persecution.

The proposed legislation would also give border officials only 48 hours to decide whether to detain any illegal immigrant. Under the new rule, detainment would only be allowed if it is determined that a release “will not reasonably ensure the appearance of the alien as required or will endanger the safety” of others. In such cases, the DHS would be required to “impose the least restrictive conditions” for detention, and further guarantee a custody hearing within 72 hours of the detainment. 

However, these loose guidelines would not apply to those who identify as LGBTQ if it were to pass. Border agents must meet a higher burden of proof to detain anyone who fits under the “vulnerable migrant” category. The language of the bill does not indicate how border agents are meant to determine the gender ideology of migrants.

A previous iteration of the bill was introduced by Sen. Cory Booker (D-N.J.) in 2021. He was joined by Washington Reps. Pramila Jayapal and Adam Smith in reintroducing the proposed legislation last week.

“Our immigration system has allowed for the unjust treatment of immigrants and stripped them of their humanity and due process,” Booker said in a statement. “We must respect and protect the basic rights of immigrants detained in the United States.”

The bill also includes bans on “future attempts to reinstate family detention” and the use “of private prisons and county jails to detain immigrants.” 

“There’s no question that our immigration system is broken,” said Rep. Jayapal. “The Dignity for Detained Immigrants Act urgently reforms the alarming injustices of a broken, for-profit immigration detention system by ending the use of private detention facilities altogether, repealing mandatory detention, and prohibiting family detention while also restoring due process and increasing oversight, accountability, and transparency measures. This is a measure that will go a long way to restore humanity and dignity to the immigration system.”

Dozens of other House and Senate Democrats have cosponsored the bill. 

Republican Congressman Mike Collins (Ga.) said that the proposed legislation is just another way that Democrats are failing at the border.

“Democrats are looking for any excuse to release illegal immigrants into our country,” Collins tweeted. “This bill is yet another example of their soft-on-crime and open border policies.”


Meanwhile, the Washington Examiner reported that House Republicans on the House Homeland Security Committee will unveil comprehensive immigration legislation on Monday that has been two years in the making. The bill would restrict migrant asylum eligibility, expand migrant family detention, and crack down on employers who hire illegal aliens. It would also require the completion of wall construction and repairs along the U.S.-Mexico. Construction that began under the Trump administration. 

The proposed legislation would further strictly limit the use of the Customs and Border Protection CBP One phone app to commercial travel only. FISM reported last week that the app was being used by the Biden administration to essentially approve every migrant who used it to request exemption from Title 42 removal. 

House Republicans have framed the “Border Security and Security Act of 2023” as companion legislation to the Judiciary Committee’s recently passed Border Security and Enforcement Act.

A committee aide with knowledge of the subject told the Examiner that each bill had to go through a separate committee but that both will be combined in a single package after the legislation is marked up and approved by the homeland security panel, an event expected to take place on Wednesday.

This article was partially informed by Fox News and Daily Mail reports.