The Department of Homeland Security (DHS) has updated its intelligence policy, removing restrictions that previously prohibited staff from gathering intelligence on individuals or groups based solely on their LGBTQ+ status. The change was made public last week, with the DHS Office of Intelligence and Analysis (I&A) posting the new policy manual.
The DHS, created in 2003 following the 9/11 terrorist attacks, is responsible for safeguarding the nation’s security. The recent revision, which eliminates protections for LGBTQ+ individuals, follows an executive order from President Donald Trump aimed at dismantling diversity, equity, and inclusion (DEI) policies within federal agencies.
The updated policy manual states that I&A personnel are prohibited from engaging in intelligence activities based solely on factors such as race, ethnicity, sex, religion, disability, and now, sexual orientation or gender identity. These characteristics can only be used in conjunction with other information and when reasonably believed to support DHS’s national or departmental missions.
A cached version of the previous policy, stored on the internet archive, showed that protections for LGBTQ+ individuals were explicitly included. The earlier manual barred intelligence activities based solely on “sexual orientation, gender identity,” alongside race, ethnicity, and other characteristics.
The revision has raised concerns, particularly among LGBTQ+ advocates, who argue that this change may allow for targeted surveillance based on sexual orientation or gender identity. Others questioned the rationale behind investigating individuals solely on their LGBTQ+ status, pointing out that the revised policy was not directly related to DEI reforms.
The I&A has faced criticism in recent years for its surveillance practices, particularly its targeting of political activists and citizens based on their political views. The Brennan Center for Justice, a progressive nonprofit, has accused the agency of conducting domestic intelligence activities that infringe on constitutional rights. These include monitoring journalists, surveilling racial justice demonstrators, and tracking public political opinions on topics like abortion and elections.
The policy change also coincides with broader political shifts, especially following former President Trump’s executive orders. In November 2024, Trump’s election victory led to the appointment of Kristi Noem as head of the DHS. Noem, a vocal opponent of LGBTQ+ rights, has long been criticized for her stance on LGBTQ+ issues. As Governor of South Dakota, Noem signed legislation banning transgender student-athletes from competing in sports leagues based on their gender identity. She also faced backlash for her 2022 anti-trans ad campaign, which was widely condemned as discriminatory.
Photo: ABC News
In addition, Noem has been involved in several legal disputes related to LGBTQ+ issues. In 2023, the state of South Dakota was sued by The Transformation Project, a transgender advocacy group, after a contract with the Department of Health was canceled. The group claimed that the termination was a direct result of the state’s hostility toward the transgender community. The lawsuit resulted in a settlement and a public apology from the state.
The new policy by the DHS is seen by many as part of a broader trend of reducing protections for LGBTQ+ individuals under the Trump administration and its appointees. Critics fear that this will lead to further surveillance and harassment of LGBTQ+ people, who already face significant challenges in many parts of the U.S.
The full implications of the policy change are still unfolding, and LGBTQ+ advocates are closely monitoring the situation. Some argue that this is a dangerous precedent, while others remain hopeful that public outcry will prompt a reversal of the decision. As of now, the policy change continues to raise concerns about civil liberties and the future of LGBTQ+ protections in federal agencies.
