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Written by Lisa Neff, Staff writer
Sep 10, 2011
Equality Immigration Equality activists at last year’s March for America demand federal reform. – Photo: Judy G. Rolfe/Immigration
Thousands of same-sex couples face better odds of staying together following a change in deportation policy directed by the Obama administration.
In mid-August, the U.S. Department of Homeland Security announced that it will prioritize deportation cases, focusing on those involving criminals and giving low priority to those involving immigrants with family in the United States. For months, the DHS had been under fire for deporting tens of thousands of people who posed no public safety or national security threat.
“This is an encouraging announcement,” said Eleanor Pelta, president of the American Immigration Lawyers Association. “For months, AILA has been talking about the need for smart, targeted enforcement. DHS should focus its limited resources on prosecuting those who are a danger to our communities or would do our nation harm, not wasting taxpayer money going after longtime residents, spouses of U.S. veterans, students, the elderly and others with deep ties to our communities.”
In mid-August, AILA issued a report highlighting 127 cases of people arrested for minor crimes or no offense at all who were placed into deportation proceedings. Many also had longtime residence in the United States and family with U.S. citizenship.
Now DHS will be conducting about 300,000 reviews as it prioritizes pending deportation cases. Those considered high-priority will be prosecuted more aggressively, and those considered low priority may be administratively closed. “Low priority” will be given based on a “person’s ties and contributions to the community, including family relationships,” according to a DHS memorandum.
“Family” includes same-sex partners, according to the Obama administration, which earlier this summer halted deportation proceedings against the same-sex partners of several U.S. citizens.
“The new procedures, which are LGBT-inclusive, should keep immigration officials from unnecessarily tearing apart bi-national same-sex couples and provide an opportunity for LGBT immigrants to emphasize their ties to a U.S. citizen spouse in removal proceedings,” said Iván Espinoza-Madrigal, an attorney with Lambda Legal in New York City.
The DHS policy change also was well received in Wisconsin’s immigration community, which was organizing in Madison against an Arizona-style “Proof of Citizenship” bill that would require people to provide authorities with papers proving their immigration status or risk being arrested, jailed and deported.
“This is a victory in a landscape of despair, where decent, hardworking families who are helping our economy as taxpayers, workers, students, consumers and small business owners, will be given a second chance to remain with their families and work legally,” said Christine Neumann-Ortiz, executive director of Voces de la Frontera, a state immigrant rights group.
