SAN JOSE — A federal judge issued a temporary restraining order Friday barring the Immigration and Naturalization Service from detaining self-proclaimed homosexuals seeking to enter the United States.
U.S. District Judge Robert Aguilar ordered the INS to return the visa and passport of Juan Jacobo Hernandez, a self-proclaimed homosexual from Mexico who tried to enter the United States on Wednesday to be grand marshal in the upcoming Lesbian-Gay Freedom Day parade.
Hernandez was detained by the INS and subjected to a medical examination.
"I'm delighted with the decision," said Mary Dunlap, attorney for the Lesbian-Gay Freedom Day Committee. "It's a tremendous victory. But, I wasn't surprised."
Dunlap said the decision will force the INS to reassess its policy of detaining and examining homosexuals who seek to enter the United States.
An Aug. 1 hearing has been scheduled in U.S. District Court where gay leaders say they will seek to permanently stop the INS from enforcing its policy.