DHS to issue written guidance protecting LGBT couples from deportation

Comet · #1 (**permalink**) 09-28-2012, 10:01 PM

Glad to see same-sex couples will have the same consideration as others. I applaud Obama for this initiative.

Quote:

In a victory for gay rights advocates, the Obama administration announced this week that it will take additional steps to protect same-sex relationships when considering deportations.

In a letter to scores of House Democrats, Department of Homeland Security (DHS) Secretary Janet Napolitano said the agency will soon issue a written guidance to immigration enforcement officials clarifying that "long-term" lesbian, gay, bisexual and transgender (LGBT) partnerships be taken into account when deeming deportation cases.

In the past, DHS has given verbal vows that such relationships will be considered by U.S. Immigration and Customs Enforcement (ICE) officials during deportation proceedings. But many Democrats and gay rights advocates have pressed for more concrete assurances that same-sex ties be included among the "family relationships" that agents are expected to consider as they exercise their "prosecutorial discretion" to decide which cases to pursue.

On Thursday, Napolitano met those requests.

"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," Napolitano wrote in the Sept. 27 letter. Napolitano was quick to note that same-sex ties — or any ties — are no guarantee that an individual would not be deported, but assured those partnerships will be considered along with other factors.

"[T]he applicability of the 'family relationships' factor is weighed on an individualized basis in the consideration of whether prosecutorial discretion is appropriate in a given case," she added. Democrats who've been pushing for a written guidance cheered the decision. House Minority Leader Nancy Pelosi (D-Calif.) said the change "will provide a measure of clarity and confidence to families dealing with separation."

"Our nation is served when loving families are kept together," she said in a statement.

Launched in the summer of 2011, DHS's "prosecutorial discretion" policy is designed to streamline the enforcement system by authorizing agents to perform case-by-case reviews of illegal immigrants in line for deportation, weeding out violent criminals and other high-priority cases while closing the books on those considered no threat to public safety or national security. Among other factors, agents are asked to be mindful of an individual's family ties within the United States.

Rep. Mike Honda (D-Calif.), who was among the many Democrats pushing for the written guidance, applauded Napolitano's decision Friday, but emphasized that more immigration reforms are needed to protect families at risk of being torn apart by deportation.

"In the wake of this important victory, we must take a step forward and continue the fight for immigration reform," Honda said in an email. "Current immigration laws are tearing families apart and separating American citizens from their loves ones.

"No one should have to choose between their spouse and their country, and no family should be left out of the immigration system," Honda added. "Our country deserves an immigration system that honors that legacy and keeps ALL families intact."

DHS to issue written guidance protecting LGBT couples from deportation - The Hill - covering Congress, Politics, Political Campaigns and Capitol Hill | TheHill.com

cnredd · #2 (**permalink**) 09-28-2012, 10:43 PM

Once again, whether you believe the end result to be good or bad, the PROCESS in f**kin' upside down...

Quote:

In a letter to scores of House Democrats, Department of Homeland Security (DHS) Secretary Janet Napolitano said the agency will soon issue a written guidance to immigration enforcement officials clarifying that "long-term" lesbian, gay, bisexual and transgender (LGBT) partnerships be taken into account when deeming deportation cases.

Remember the good old days when this country had CONGRESS write "guidance" pertaining to the law instead of the Executive Branch abusing its powers with no oversight?...

Anyone notice how the letter is going to "scores" of Dems, but not to anyone else?...

This non-procedural bullsh*t is BEYOND disgusting and anyone who endorses it simply because they WANT what's being done over HOW it's being done is a pansy "ends justify the means" a-hole...

dabateman · #3 (**permalink**) 10-02-2012, 12:11 AM

Quote:

The Department of Homeland Security has stated in writing that foreigners who are same-sex partners of American citizens can be included under an Obama administration policy suspending deportations of some immigrants who pose no security risk.

In letters sent late Wednesday to several Democratic lawmakers, Homeland Security Secretary Janet Napolitano said she was clarifying guidelines that enforcement officers had used when applying a policy of prosecutorial discretion in cases of illegal immigrants with no criminal convictions.

Under the guidelines, which were first issued in June 2011, officers can consider “ties and contributions to the community, including family relationships” when deciding whether to halt a deportation.

Ms. Napolitano wrote that she had ordered her department to issue written instructions specifying that those “family relationships” include “long-term same-sex partners.”

http://www.nytimes.com/2012/09/29/us...ples.html?_r=0

Honestly, I'm so terribly torn on this issue...

On the one hand, there is no legitimate reason why LGBT couples should be treated any differently than heterosexual couples. That means access to marriage and the benefits of marriage should be a right of LGBT couples as well. One of the many rights and benefits that come with marriage is the right of a US citizen spouse to sponsor their immigrant spouse for citizenship. So of course gays and lesbians SHOULD have that right as well. And I get what the administration is trying to do, and they have the authority to do it via the discretion of the prosecution...

BUT, it's not really within the spirit of the laws currently in place. It's legal by the technical definition but...

Look, we think DOMA is unConstitutional. And, the administration is doing the right thing by not defending DOMA in court. If they think the law is unConstitutional, they shouldn't defend the law. BUT, until the law is deemed unConstitutional by the Supreme Court, it's still controlling law. And that law basically says the federal government isn't going to recognize same-sex marriage. This administrative decision, though perfectly legal, does kinda step away from the letter of DOMA. Not a bad thing in terms of ethics and morality, but not quite in line with what I consider the duties of the executive to be.

dabateman · #4 (**permalink**) 10-02-2012, 12:32 AM

Quote:

Originally Posted by cnredd

Once again, whether you believe the end result to be good or bad, the PROCESS in f**kin' upside down...

Remember the good old days when this country had CONGRESS write "guidance" pertaining to the law instead of the Executive Branch abusing its powers with no oversight?...

Anyone notice how the letter is going to "scores" of Dems, but not to anyone else?...

This non-procedural bullsh*t is BEYOND disgusting and anyone who endorses it simply because they WANT what's being done over HOW it's being done is a pansy "ends justify the means" a-hole...

I hate to be the one to inform you, but "the good old days" really never existed... It's an illusion that people like to believe in because it makes them feel better about being jaded with today's government. I get it, but it's simply not accurate.

The Executive Branch has ALWAYS been responsible for propagating administrative law. It started under Washington with the departments, THROUGH CONGRESSIONAL ASSENT, started making rules. When the Congress passes an Act, it contains a powers clause that gives the powers of enforcement and implementation over to the Executive. These Acts often don't have many specifics, they just have general ideas of what Congress is looking for. Congress leaves the details up to the Executive because the Executive employs experts in the field that are responsible for such implementation and enforcement.

This is an enforcement question. AND, had there been no other law impacting the decision, I think it would have been in line with the same discretion applied by every other administration. The problem is the rub between discretion in immigration cases, which was given to the Executive by Congress, and the application of DOMA which doesn't really leave much wiggle room on the question of same-sex marriage benefits.

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