Thread: DHS Throws a Lifeline to LGBT(Illegal) Immigrant Families

DHS Throws a Lifeline to LGBT Immigrant Families

Emily Douglas on September 28, 2012 - 4:04 PM ET

Today, the Department of Homeland Security threw a lifeline to undocumented immigrants who are in same-sex relationships with US citizens. New federal guidelines will allow ICE officers to take into account a same-sex relationship with an American partner when determining whether to pursue a removal proceeding. This doesn’t offer immigrants a path to permanent legal status, but it does provide “a way to mitigate the harshest consequences of the lack of immigration equality and prevent some couples from being physically separated,” said Victoria Neilson, an attorney with Immigration Equality.

These guidelines build on DHS’s 2011 directive to concentrate enforcement priorities on immigrants with criminal records and stall the deportation proceedings of those who have not committed crimes. A same-sex relationship can now help qualify an immigrant as “low-priority” for deportation.

Immigration Equality and other advocates in Congress are still calling for a comprehensive reform that would enable the 36,000 Americans in same-sex relationships to sponsor their spouses for permanent residence just as opposite-sex spouses can. For that, they’d need DOMA to be overturned, comprehensive immigration reform to be enacted, or the Uniting American Families Act to be passed. But momentum is clearly building in their favor.

In 2009, Greg Kaufmann noted that recognition for LGBT couples had been included in a broader immigration reform bill for the first time—and three years later, it’s in the Democratic Party platform.

Five years ago, I answered phones for the legal hotline at Gay & Lesbian Advocates & Defenders, a non-profit legal organization working to end discrimination against LGBT people and people living with HIV. Many of our callers—over a thousand each year—were in desperate straits, but the calls that felt most hopeless were often ones from same-sex couples in which one member of the couple was a US citizen, and one wasn’t. It fell to us hotline workers to explain that for the purposes of federal immigration law, the couple was considered legal strangers, and that the US citizen had virtually no chance of sponsoring his or her partner for legal status. At that time, we advised same-sex binational couples not to get married, because it could indicate an intention on the part of the undocumented partner to stay in the US past their visa, and trigger deportation proceedings. Often, callers were totally taken aback by the injustice of the law, and its blindness to their lives. This was deep into George W. Bush’s second term, and the idea that the federal government might be responsive to the concerns of LGBT people who were also immigrants seemed impossibly far-fetched.

So today’s news comes as a startling and exciting reprieve. But as with President Obama’s executive action to defer deportations of young undocumented immigrants, nothing in today’s guidance prevents a new administration from reversing course. “November 6th will be a strong indication of how long-lasting and durable this guidance will be,” said Steve Ralls, communications director at Immigration Equality.

DHS Throws a Lifeline to LGBT Immigrant Families | The Nation

Obama administration to issue guidance, relief to LGBT immigrant families From a news release 2012-09-28

Washington, DC —Immigration Equality today praised the Obama Administration, and specifically the Department of Homeland Security (DHS), for new, written guidance that will extend discretionary relief to lesbian, gay, bisexual and transgender (LGBT) immigrants with U.S. citizen spouses and partners. The new written directive, which was announced in response to a Congressional letter spearheaded by Minority Leader Nancy Pelosi (D-CA) and Congressman Jerrold Nadler (D-NY), marks one of the very first times LGBT families have been recognized within federal immigration policies. The guidelines, which are expected to be distributed soon to field offices across the country, will instruct officers and field agents to recognize LGBT families for purposes of relief as defined by a June 2011 memo from Immigration and Customs Enforcement Director John Morton. "This is a huge step forward," said Rachel B. Tiven, executive director of Immigration Equality. "Until now, LGBT families and their lawyers had nothing to rely on but an oral promise that prosecutorial discretion would include all families. Today, DHS has responded to Congress and made that promise real. The Administration's written guidance will help families facing separation and the field officers who are reviewing their cases." In the June 2011 memo from Director Morton, the Department of Homeland Security spelled out factors ICE officers should consider when deciding which immigration cases are classified as "low priority" for removal. Those guidelines included family ties to a U.S. citizen. DHS stated verbally in August of last year that it intended for the "family" guidelines to be LGBT-inclusive, but it had not previously distributed written guidance codifying that intent to field offices. In a letter yesterday to the 83 Members of Congress who demanded written guidelines, the Administration said it intends to do so. "In an effort to make clear the definition of the phrase 'family relationships,' I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase 'family relationships' includes long-term, same-sex partners," Homeland Security Secretary Janet Napolitano wrote. "The new guidelines will put in writing a commitment the Administration has expressed over the past year," said Tiven. "Now, the courts and Congress should act to make relief permanent, and provide access to green cards for all LGBT families." Obama administration to issue guidance, relief to LGBT immigrant families - 128 - Gay Lesbian Bi Trans News - Windy City Times

Same-sex couples officially added for deportation relief
Posted By: Carolyn Lochhead
Sep 28, 2012

Same-sex couples officially added for deportation relief



Homeland Security chief Janet Napolitano has officially clarified that the same-sex partners and spouses of U.S. citizens are eligible for relief under the Obama administration’s new policy of putting a lower priority on certain deportation cases.

The action was a response to a letter from Congress led by House minority leader Nancy Pelosi, D-San Francisco, and Rep. Jerrold Nadler, a New York Democrat who for years has crusaded for immigration relief for same-sex couples. Heterosexual immigrant spouses of U.S. citizens are allowed to apply for immigration rights that are denied to same-sex couples under the 1996 Defense of Marriage Act.

The most notorious case in the country was that of a San Francisco couple, Bradford Wells and Anthony John Makk, above, who won relief only through Pelosi’s personal intervention.

Steve Ralls, spokesperson for Immigration Equality, a gay rights group, said this is “one of the very first times LGBT families have been recognized within federal immigration policies.”

The group’s executive director, Rachel B. Tiven, called the move a “huge step forward…Until now, LGBT families and their lawyers had nothing to rely on but an oral promise that prosecutorial discretion would include all families. Today, DHS has responded to Congress and made that promise real. The Administration’s written guidance will help families facing separation and the field officers who are reviewing their cases.”

A DHS memo in June 2011 first listed factors that Immigration and Customs Enforcement officers in the field should use when classifying certain removal cases as a “low priority” for removal, a policy known as “prosecutorial discretion.” The guidelines included family ties to a U.S. citizen. Obama officials said that they would include gays and lesbians in the family category. But there was no written policy. The Pelosi/Nadler letter asked the administration to put it in writing.

Napolitano has done so, including not only married spouses but “long-term, same-sex partners,” according to Napolitano’s letter.

Pelosi welcomed the directive to “issue written guidance to clarify that ‘family relationships’ includes LBGT couples is welcome and will provide a measure of clarity and confidence to families dealing with separation in immigration cases. Our nation is served when loving families are kept together.”

Pelosi called for passing the “Uniting American Families Act” and the “Reuniting Families Act,” to grant immigration privileges to same-sex couples and “to relegate DOMA to the dustbin of history.”

Same-sex couples officially added for deportation relief | Politics Blog | an SFGate.com blog

FRI SEP 28, 2012 AT 05:41 PM PDT

Great news: DHS clarifies "executive Dream Act" applies to same-sex couples

byScott Wooledge

attribution: Jonathan Ystad/GetEqual

Henry Velandia's imminent deportation case made national news last year. Attorney General Holder intervened, granting Henry an eleventh hour reprieve. He is seen with his husband Josh Vandiver (left).

Immigration advocates cheered earlier this year when the Obama administration announced they'd be de-prioritizing deportation proceedings for some undocumented youths who met certain criteria. The move provided some relief to people awaiting Congressional action on comprehensive immigration reform, but not everyone. Unclear was the fate of bi-national same-sex couples. On August 3, LGBT advocates and allies in Congress called for clarification, with Leader Nancy Pelosi penning a letter signed by 84 House Democrats including Rep. Jerrold Nadler (D-N.Y.) and Rep. Mike Honda (D-Calif.), urging DHS to spell out this policy to immigration officers. It said in part:

I emphatically urge DHS to issue an explicit and unequivocal written policy to protect LGBT families from unnecessary and inhumane separations.”

Today, the head of Department of Homeland Security Janet Napolitano released a memo saying

"In an effort to make clear the definition of the phrase 'family relationships,' I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase 'family relationships' includes long-term, same-sex partners."

The Washington Blades' Chris Johnson has more:

In a statement, Nadler said he’s “thrilled” the Obama administration is taking action to ensure bi-national same-sex couples are included in guidelines for prosecutorial discretion.“I am thrilled that the Obama Administration has taken to heart my concern about the need to explicitly protect LGBT immigrant families from being torn apart by needless and unwarranted immigration enforcement actions,” Nadler said. “I thank Secretary Napolitano for listening and supporting a policy that protects all American families, both straight and LGBT. With the written guidelines that I requested and which will be issued by ICE, federal immigration officials will finally have the clear direction they need to make responsible and compassionate decisions on family ties in immigration cases.”

Reviews are in from LGBT advocacy orgs and they are raves:“This is incredible news for the 36,000 bi-national same-sex couples in the U.S. – nearly half of whom are raising children,” said Family Equality Council Executive Director Jennifer Chrisler. “Too often, our nation treats non-citizen same-sex partners and their spouses as legal strangers to one another."

“This is a huge step forward," said Rachel B. Tiven, executive director of Immigration Equality. "Until now, LGBT families and their lawyers had nothing to rely on but an oral promise that prosecutorial discretion would include all faCmilies. Today, DHS has responded to Congress and made that promise real. The Administration’s written guidance will help families facing separation and the field officers who are reviewing their cases.”
So, that's super good news to anyone who thinks people who love one another should be allowed to stay together.

We're not done. But it's a great touchdown to celebrate. Many happy families may find it easier to stay together going forward.
Unless, Barack Obama's not re-elected and that douchebag Romney rescinds it. Which he will about week one. So, let's avoid that, OK?

Daily Kos: Great news: DHS clarifies "executive Dream Act" applies to same-sex couples

Personally, I find this extremely offensive. Just my opinion, for what it's worth. Just another reason we HAVE to get Obama out of the White House!

So lesbian Janet Napolitano signals millions of illegal aliens they can avoid deportation if they submit to a gay sexual relationship.

Wow, just wow.

W

Obama Immigration Policy: U.S. To Treat Queer Partners As Relatives

Education News

Posted by or from a variety of publications on EducationViews.org on September 29, 2012 in Health, News of the Day, Political, Society



If they divorce will they still be brothers?


SAN FRANCISCO, Sept 28 (Reuters) – The Obama administration has directed immigration officials to recognize same-sex partners as family members in deportation cases, House Minority Leader Nancy Pelosi said on Friday.

Homeland Security Secretary Janet Napolitano told Pelosi in a letter that she had ordered U.S. Immigration and Customs Enforcement to notify its field offices “that the interpretation of the phrase ‘family relationships’ includes long-term, same-sex partners.”

Pelosi welcomed the federal recognition of gay and lesbian couples. At the same time, she called for more to be done to protect undocumented immigrants in long-term relationships with American citizens.

Napolitano’s directive “will provide a measure of clarity and confidence to families dealing with separation in immigration cases,” Pelosi said in a written statement. “Our nation is served when loving families are kept together.”

But she added: “We need to … relegate DOMA to the dustbin of history.” The 1996 Defense of Marriage Act bars the federal government from extending federal benefits, such as Social Security, to married gay and lesbian couples.

Obama Immigration Policy: U.S. To Treat Queer Partners As Relatives | Education News

DHS grants gay partners discretion in deportation cases

Comments (285)
By Stephen Dinan
The Washington TimesFriday, September 28, 2012



Secretary of Homeland Security Janet Napolitano

Homeland Security Secretary Janet Napolitano said this week gay and lesbian partners will be considered as family members when immigration agents are trying to decide whether or not to try to deport someone from the U.S.

The directive means illegal immigrants in gay or lesbian partnerships with American citizens could be spared deportation under the same leniency that is already often accorded to married couples.

But it also raises questions about a federal law that is tied up in the courts which defines marriage at the federal level as the legal union between a man and a woman.

“In an effort to make clear the definition of the phrase ‘family relationships,’ I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase ‘family relationships’ includes long-term, same-sex partners,” Ms. Napolitano said in a letter Thursday to House Minority Leader Nancy Pelosi.

Mrs. Pelosi led House Democrats this summer in asking for the change in policy.

The new directive is part of the Obama administration’s recent push to focus deportation efforts on those immigrants who have the longest criminal records or who have repeatedly violated immigration laws. The push is meant to remove the threat of deportation from most rank-and-file illegal immigrants.

The new non-deportation policy has several key parts. One part applies to illegal immigrants who would have qualified for the Dream Act — legislation that never passed, but which would have given illegal immigrants 30 and under a path to citizenship. Under the new Obama policy they are given tentative legal status and work permits, though it is not a path to citizenship, which can only be granted by Congress.

The second part to the policy ordered U.S. Immigration and Customs Enforcement agents to look for extenuating circumstances that might make them less likely targets for deportation. Separation from family was one of those circumstances, which is where the new directive on gay and lesbian partners comes into play.

“This written guidance will simply reiterate existing policy regarding how DHS considers the totality of circumstances presented in individual cases when exercising prosecutorial discretion in enforcement matters,” said department spokesman Peter Boogaard. He said the 2011 policy on extenuating circumstances was always meant to apply to same-sex couples, and this new directive will make that clear.

Mrs. Pelosi and her fellow Democrats said they are aware of “several instances” over the last year when same-sex partners were deported anyway — and said this new written directive should prevent that.
“Our nation is served when loving families are kept together,” Mrs. Pelosi said Friday.

The new directive covers illegal immigrants, but Mrs. Pelosi and fellow Democrats said they are still fighting to allow same-sex partners to immigrate legally under the same rules as other married couples.

Gay couples say the Defense of Marriage Act (DOMA), a 1996 law passed by a Republican Congress and signed by President Clinton, prohibits them from applying for immigration benefits because the law defines marriage at the federal level as the union of a man and a woman.

It is unclear how DOMA, which has been under court challenge, would affect Ms. Napolitano’s new directive.

DHS grants gay partners discretion in deportation cases - Washington Times

ADDED TO ALIPAC HOMEPAGE News with amended title ..

http://www.alipac.us/content/same-se...on-relief-983/