In the U.S., advocates are preparing for Trump administration’s policy onslaught

With the new Trump administration taking office today, the U.S. faces deepening divisions as conservative policies threaten to undo federal protections for LGBTQ2S+ rights, creating stark contrasts between states and raising concerns about the safety and rights of Americans depending on where they live. Advocates and community members are speaking out in response.

“Under the Trump administration, it will be the official policy of the United States government that there are only two genders: male and female,” Trump said back in December during a gathering in Phoenix.

On Sunday, at a rally in Washington, D.C., he reiterated his commitment to barring trans women from participating in women’s sports, framing it as a priority in his broader agenda targeting trans rights.

Trump is expected to sign over 200 executive orders on his first day, with several targeting the trans community. Proposals include an order that would erase legal recognition of trans people, enforcing a binary definition of sex and restricting the ability to update gender markers on government documents. This could also introduce policies limiting gender-affirming care, especially for incarcerated trans people.

Elin [who wished to go by their first name only], an activist with Socialist Alternative in New York City, cites trans rights as a critical battleground in the fight against escalating conservative policies. 

Speaking at the People’s March in NYC on Saturday, they said, “Trans people have been the canary in the coal mine,” citing a record-breaking surge of anti-trans legislation in the country. 

In 2024 alone, 672 anti-trans bills were introduced across the U.S.—more than any other year on record—marking the fifth consecutive year of increased legislative attacks. Among these, 50 bills were passed in 17 states, with education and healthcare being key targets while, at the federal level, 87 anti-trans bills were proposed.

Elin cited a recent Republican-led bill voted by the House of Representatives last week that would bar trans women and girls from female school sports teams, threatening to revoke federal funding for schools that allow trans girls to participate in women’s sports.

The new administration is “not going to talk about price controls, or ending price gouging, so instead they’re going to talk about the trans girl on your kid’s softball team and use her to slash healthcare and school funding,” they said.

Brandon Wolf, the national press secretary for the Human Rights Campaign (HRC), points out that while many proposed laws may not ultimately pass due to constitutional challenges, it’s essential for the community to remain informed and proactive in protecting its rights.

Wolf highlights the need for the community to avoid “obeying in advance” to fear-based rhetoric, “Social posts, press conference rants, those are not laws or policies, so our community needs to know that we shouldn’t be complying with a wish list,” he says.

He says that the queer movement has faced adversity before, such as during the HIV/AIDS crisis and the marriage equality fight, and emerged stronger through collective action and perseverance. Wolf assures that the HRC would push back against discriminatory policies through legal action and grassroots mobilization.

“That means that we’re going to push back in the courts where necessary, it means we’re going to push back in the halls of Congress,” he says.

Jenny Pizer, chief legal officer of Lambda Legal, a national civil rights organization advocating for LGBTQ2S+ communities and people living with HIV/AIDS, says advocates have already been planning litigations, focusing on threats like limiting access to gender-affirming medical care and the potential use of federal funds to enforce such policies.

“For months, since before the election, we have been preparing potential litigations based on the anti-trans language that was so prominent in the Trump campaign and after the election,” she says.

Federal rule changes could have significant impacts, and many issues are likely to be addressed through litigation to assess their constitutional validity and whether they are unjustifiably discriminatory. Legal challenges may focus on both federal and state actions, depending on how the laws are enforced and interpreted. Pizer also notes that even if these policies do take effect, none of the legislation is likely to be enforced on the first day or even within the first few weeks of the new administration.

Pizer says that Lambda Legal has been preparing for potential legal changes at the federal level, with over a dozen cases ready to go, but she also notes the challenges posed by the Trump administration and its new cabinet, with their reputation for disregarding the law. She emphasizes that the rhetoric used by the Trump administration, whether their anti-trans legislation passes or not, has tangible consequences.

“Calling our lives some kind of ideology is mistaken and is a kind of misinformation that has a serious impact on the lives of people,” she says.

Recent surveys from The Trevor Project indicate that 90 percent of LGBTQ2S+ youth said recent politics negatively impacted their well-being and nearly half (45 percent) of trans and non-binary youth report that they or their families have considered relocating due to anti-LGBTQ2S+ laws.

Advocates are also warning that Trump’s immigration policies could exacerbate challenges for LGBTQ2S+ immigrants, particularly those seeking asylum or Temporary Protected Status (TPS). The administration’s plans to close the southern border, reinstate travel bans and suspend refugee admissions would sharply limit pathways to safety for those fleeing persecution. 

For Pizer, whether or not these anti-immigration policies are implemented could mean life or death for members of the community and who came to the U.S. seeking asylum.

“The conditions for members of our community in many countries is dire and many people have come to this country based on the promise that this is meant to be a country of refuge for people fleeing persecution,” says Pizer. “For many people, being returned to their country of origin means death.”

“Many have been abandoned by their families and fled persecution, death threats, discrimination and violence, often without access to essential care, only to now live in fear of harmful immigration policies,” says Mohamed Q. Amin, the executive director of the Caribbean Equality Project, an advocacy group for LGBTQ2S+ Caribbeans in New York.

Proposals to end birthright citizenship and prioritize mass deportations—including LGBTQ2S+ individuals—underscore the administration’s hardline stance. These measures, aimed at restricting immigration at all levels, would disproportionately impact vulnerable communities, further exposing LGBTQ2S+ immigrants to violence, discrimination and systemic inequities.

A study by the Williams Institute estimated that between 2012 and 2017, around 30,900 LGBTQ2S+ individuals sought asylum in the United States.

Tiffany Jade Munroe, trans justice coordinator at the Caribbean Equality Project and a trans woman from Guyana, spoke at the People’s March and highlighted that trans individuals, especially those who are Black and brown, face disproportionate levels of violence, homelessness, healthcare inequities and employment discrimination.

“In recent years, the rhetoric of this new administration coming in has highlighted the fragility of progress and the need for continued vigilance and action,” she said. “Trans rights are not a partisan issue, they’re a human issue.”