Washington, D.C. — The Department of Homeland Security (DHS) quietly revised its intelligence-gathering policies last week, eliminating explicit prohibitions on surveilling individuals based solely on their sexual orientation or gender identity.
The changes, first reported by Bloomberg Government, remove LGBTQ+ identities from a list of protected categories in the DHS Office of Intelligence and Analysis (I&A) policy manual, which previously barred intelligence activities targeting people based on race, religion, disability, and other characteristics.
The revisions follow President Donald Trump’s January 20 executive order mandating the elimination of diversity, equity, and inclusion (DEI) policies across federal agencies. Critics argue the move opens the door to discriminatory surveillance practices, particularly against LGBTQ+ communities already facing heightened political targeting under the administration.
The Brennan Center for Justice, a nonpartisan law and policy institute, condemned the decision, noting the DHS’s track record of “abusive domestic intelligence practices,” including monitoring racial justice activists and journalists.
A Legal Gray Zone
The updated manual now prohibits intelligence activities based solely on “race, ethnicity, sex, religion, country of birth, nationality, or disability” — conspicuously omitting “sexual orientation” and “gender identity.”
A DHS spokesperson told Snopes that the policy aligns with federal sex discrimination laws, which the Equal Employment Opportunity Commission interprets as covering sexual orientation.
However, legal experts dispute this rationale, pointing to the Trump administration’s simultaneous efforts to narrow anti-discrimination protections, such as denying federal recognition of transgender identities and halting investigations into LGBTQ+ workplace complaints.
“Removing these guardrails creates ambiguity,” said Don Bell, policy counsel at the Project on Government Oversight. “If you can violate one community’s rights, there’s no limit to what the government might justify.”
Historical Parallels and Political Context
The policy shift occurs alongside other anti-LGBTQ+ measures, including bans on transgender military service and gender-affirming care for minors.
DHS Secretary Kristi Noem, appointed by Trump in November 2024, has a history of opposing LGBTQ+ rights, including signing bills barring transgender athletes from school sports and revoking state contracts with transgender advocacy groups.
Advocacy groups draw parallels to the 1950s “Lavender Scare,” when thousands of LGBTQ+ federal employees were purged over unfounded security concerns. Recent reports also indicate a resurgence of McCarthyist tactics, with federal agencies compiling lists of DEI program participants and LGBTQ+ employee resource group leaders.
Surveillance Risks and Community Response
LGBTQ+ advocates warn that the policy change could exacerbate existing vulnerabilities. René Kladzyk, a senior investigator, highlighted how health records, DMV data, and social media activity have been weaponized to target transgender individuals in states like Florida and Texas.
Facial recognition technology, which frequently misgenders trans and nonbinary individuals, further raises concerns about misuse.
Organizations like the Electronic Frontier Foundation urge proactive measures, including encrypted communication and secure data practices. “When the government decides who is ‘right’ or ‘wrong,’ surveillance becomes a tool of oppression,” Bell added.
The DHS’s policy revision reflects a broader ideological campaign against LGBTQ+ rights, framed as a rejection of “radical DEI.”
While the administration insists the changes streamline bureaucracy, civil liberties groups emphasize the human cost: eroded privacy, institutionalized discrimination, and a chilling effect on marginalized communities.
As one advocate tweeted, “This isn’t just about policy — it’s about whether we’re seen as people or targets.”
Rollbacks: DHS Ends LGBTQ+ Surveillance Protections (March 16, 2025)
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