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 Aug. 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-NY) and Rep. Mike Honda (D-CA), 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 Blade's 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 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.”
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 reelected and that douchebag Romney rescinds it. Which he will about week one. So, let's avoid that, okay?