In a significant and concerning policy shift, the U.S. Department of Homeland Security (DHS) has quietly rescinded protections that previously barred federal agencies from conducting intelligence activities based solely on an individual’s sexual orientation or gender identity. This change, implemented earlier this month, has raised alarms among LGBTQ+ advocates, who fear it may lead to increased surveillance and discrimination against the community.
Policy Revision Details
The DHS Office of Intelligence and Analysis (I&A) updated its policy manual to remove language that explicitly protected LGBTQ+ individuals from being targeted for surveillance based solely on their identities. The previous manual prohibited intelligence activities based on characteristics such as race, ethnicity, gender, religion, sexual orientation, and gender identity. The revised manual omits sexual orientation and gender identity from this list, now stating:
“OSIC Personnel are prohibited from engaging in intelligence activities based solely on an individual’s or group’s race, ethnicity, sex, religion, country of birth, nationality, or disability.”
This modification suggests that LGBTQ+ status alone could now be considered a valid basis for intelligence activities, a development that has been met with widespread concern.
Context of the Policy Change
This policy shift aligns with a series of executive orders issued by President Donald Trump upon his return to office in January 2025. Notably, one order mandates that the federal government recognize only two genders—male and female—effectively erasing recognition of transgender and non-binary identities. Another order dismantles diversity, equity, and inclusion (DEI) initiatives within federal agencies.
Kristi Noem, the newly appointed Secretary of Homeland Security and former governor of South Dakota, has a documented history of opposing LGBTQ+ rights. Her tenure as governor included signing orders that banned transgender athletes from participating in sports teams aligning with their gender identity and prohibiting gender-affirming care for minors.
Implications for the LGBTQ+ Community
The rescission of these protections has sparked fears reminiscent of the “Lavender Scare” of the 1950s, during which LGBTQ+ individuals were systematically targeted and purged from federal employment. Advocates warn that the current policy change could lead to increased surveillance, discrimination, and potential legal action against LGBTQ+ individuals and organizations.
Civil rights groups, including the American Civil Liberties Union (ACLU) and the Human Rights Campaign (HRC), have condemned the policy revision. HRC President Kelley Robinson stated, “It’s unacceptable that in 2025, we are still fighting for the basic right to exist without fear of government surveillance and discrimination.”
Historical Parallels and Current Climate
The policy change occurs amidst a broader rollback of LGBTQ+ rights under the current administration. Within hours of taking office, President Trump signed an executive order defining sex strictly as male or female, effectively invalidating federal recognition of transgender and non-binary individuals.
Additionally, the administration has aggressively targeted transgender rights through various executive orders, including banning transgender individuals from serving in the military, excluding transgender athletes from sports teams, and denying equal housing rights.
Community Response and Actions
In response to these developments, LGBTQ+ organizations and allies are mobilizing to challenge the policy changes through legal avenues and public advocacy. There is a concerted effort to raise awareness about the potential dangers of unchecked surveillance and to protect the rights and privacy of LGBTQ+ individuals.
For transgender individuals, their families, and allies, this is a critical moment to engage in advocacy, support affected community members, and stay informed about legal developments. The erosion of protections serves as a stark reminder of the ongoing struggle for equality and the necessity of vigilance in safeguarding civil liberties.
The Bottom Line
The DHS’s elimination of protections against surveillance based solely on sexual orientation or gender identity marks a troubling shift in federal policy. As the LGBTQ+ community faces renewed challenges, solidarity and proactive advocacy are essential to counteract potential discrimination and to uphold the rights and dignity of all individuals, regardless of their identity.
