Immigration Equality

[Soon]

Is this for real!?!?! I am still waiting for an official press release or some information on the Gov't website for Immigration.

http://www.democracynow.org/2011/3/3...me_sex_couples

U.S. to Accept Green Card Bids from Same-Sex Couples

The U.S. Citizenship and Immigration Services has announced it will no longer deny green card applications to married, bi-national, same-sex married couples. The decision means bi-national LGBT couples with recognized marriages will now be able to apply for citizenship while Congress decides whether to repeal or modify the Defense of Marriage Act.

[Soon]

U.S. immigration service will no longer accept green card applications from bi-national same sex couples

http://www.darkpolitricks.com/2011/0...e-sex-couples/

A victory scored by married bi-national same sex couples this week turned out to be only temporary.

After only one day, the United States Citizenship and Immigration Services (USCIS) said it would no longer accept green card applications from gays and lesbians with spouses from abroad.

“The guidance we were awaiting… was received last night, so the hold is over, so we’re back to adjudicating cases as we always have,” Christopher Bentley, a USCIS spokesman, told Metro Weekly.

The Obama administration announced last month that it would no longer defend the Defense of Marriage Act (DOMA) in court.



The administration said, however, that the law would continue to be enforced until Congress decided to repeal or modify it.

When asked if USCIS would also continue to deny green card applications to bi-national same sex couples, Bentley said, “Correct, based on the enforcement of DOMA.”

Steve Ralls, director of communications for Immigration Equality, told Raw Story that the USCIS decision was disappointing.

“Our government should be in the business of keeping families together, not tearing them apart,” he said. “The Department of Justice has said it believes DOMA is unconstitutional. Immigration Equality agrees, and we believe it is inappropriate to use that unconstitutional law to separate American citizens from their loved ones.”

“We reiterate our call for the Administration to respect our families and halt the denial of green card applications,” Ralls added. “At the very least, DHS should wait for the courts to settle DOMA‘s constitutionality before removing spouses who would immediately benefit if the law is struck down.”

Last week Immigration Judge Terry A. Bain gave hope to bi-national same sex couples when he halted deportation proceedings against Monica Alcota, a citizen of Argentina, while her wife, Cristina Ojeda, moves forward with a green card petition on her behalf.

[Soon]

http://immigrationequalityactionfund...ng_the_course/

[Peach]

We would consider moving back to the US, if they allowed me to immigrate, so I could work there. Until then, Canada is for us!

[Soon]

[Soon]

[Soon]

MAJOR BREAKING NEWS: Atty General Eric Holder Makes “Extraordinary” Move Towards Ending Deportation of LGBT Spouses

[UofMfan]

Originally Posted by HowSoonIsNow

MAJOR BREAKING NEWS: Atty General Eric Holder Makes “Extraordinary” Move Towards Ending Deportation of LGBT Spouses

This is HUGE! Thanks for sharing HSN.

[Julie]

Originally Posted by UofMfan

This is HUGE! Thanks for sharing HSN.

I am really confused. What does this ACTUALLY mean?

[UofMfan]

Originally Posted by Julie

I am really confused. What does this ACTUALLY mean?

Well to me, #1 that the President has discretion and can use it to stop deportations, if they wanted to, and #2 that they are standing behind their initial announcement regarding DOMA and not defending it, even in immigration court.

To me it means that the Obama administration is at least trying to protect Gay and Lesbian bi-national couples and that is a huge step in the right direction. Right now it affects mainly those who are facing deportation but it is a huge sign on behalf of the administration that may affect other bi-national couples who are not necessarily facing deportation or even married, yet.

[Sparkle]

Originally Posted by Julie

I am really confused. What does this ACTUALLY mean?

It is breaking news because The Attorney General has intervened in a specific case and urged the immigration authority to reconsider its deportation decision.

For a legal figure, so high in stature, to intervene and take a very public stand - it is a sign of a major shift in thinking on this issue, from the highest echelon of the government.

This could be a sign that legal change will come on the immigration front regardless of the outcome of DOMA battle.
The Attorney General cites their civil union as just grounds to stay the deportation, civil unions do not have legal parity with marriage; which means that the Attorney General's is urging the Immigration Authority to expand it's definition of family. Which could also be indicative that there is some sense of inevitability to repealing DOMA *or* it could indicate that the administration is willing to tackle LGBT rights one piece at a time. And it is a strong indicator that legal change as regards same-sex immigration could happen before DOMA is repealed or more states in the US offer same-sex marriage.

And of course, it means one couple (maybe even a whole lot of couples) could be given another reprieve from the deportation chopping block, in the interim while this potentially huge political shift become legitimized.

[Julie]

So does this mean that Henry and Josh will be okay? That the deportation will be stopped?

This could be amazing.

[UofMfan]

Originally Posted by Julie

So does this mean that Henry and Josh will be okay? That the deportation will be stopped?

This could be amazing.

No one knows for sure at this time, but to me it looks like it will be stopped.

[Julie]

God... I hope so!

[UofMfan]

Originally Posted by Julie

God... I hope so!

Bingo!

http://stopthedeportations.blogspot.....html?spref=fb

[Sparkle]

Immigration Judge Postpones Deportation Proceedings For Two Years, Allowing Married Gay Binational Couple to Remain in U.S.

Directs Government Attorneys To Act on Request for Termination of Deportation Proceedings Within Sixty Days

SAN FRANCISCO, CA – This morning in San Francisco, Doug Gentry and Alex Benshimol -- a married same-sex binational couple -- appeared before Immigration Judge Marilyn Teeter for a deportation hearing and were permitted to remain in the country despite the Defense of Marriage Act (DOMA), the law that prohibits the recognition of same-sex marriages by the federal government. This is the latest in a series of recent court rulings that have demonstrated the inequality that DOMA forces same-sex couples to live under.

Specifically, the judge laid out two options. She gave the government 60 days to decide whether it will agree to drop deportation proceedings against Alex -- a Venezuelan citizen -- altogether. If the government elects not to drop proceedings, the same judge will revisit the case again in September 2013, ensuring that Doug and Alex are protected from deportation for at least two more years allowing them to return to building a life together with their family, including Alex's two step-children.

"Today the Immigration Judge demonstrated compassion and understanding for Doug and Alex as a married binational couple, granting them a reprieve from deportation by postponing further proceedings to September 2013," said Lavi Soloway, lawyer for Doug and Alex, and founder of Stop the Deportations. "The Judge also gave the government 60 days to inform the court whether it will agree with our request to terminate these proceedings pursuant to prosecutorial discretion guidelines issued June 17 by Immigration and Customs Enforcement Director John Morton. We will continue to advocate for termination of these proceedings and a moratorium on all deportations of spouses of lesbian and gay Americans."

"Today's hearing was one more step in the march toward full federal equality for LGBT Americans and those they love," said Robin McGehee, executive director of GetEQUAL. "Doug and Alex's courage to stand up for their family and the tens of thousands of other families facing deportation from this country is nothing short of inspirational. We will continue to work on cases like these that highlight the lived discrimination that LGBT folks in this country face, and will not stop until we can rest our heads at night knowing that we are fully equal under the law."

"We are pleased with the progress that this case demonstrates." said Mickey Lim, Vice President of Out4Immigration. "However there are thousands of same-sex binational couples who are still living with uncertainty because of the Defense of Marriage Act and many more that have already been exiled or separated by this unfair discriminatory law. We applaud Doug and Alex's courage to put a face on the issue and will continue to work towards securing equal immigration rights for same sex couples! We look forward to the day when we can welcome all of our friends and families back home!"

Alex came into the U.S. 12 years ago from Venezuela and overstayed a tourist visa, an immigration violation that straight binational couples can easily remedy once married; as a gay married couple, Doug and Alex do not have that option. Many same sex binational couples are legally married like Alex and Doug, but they are still treated as legal strangers in the eyes of the federal government. There is only one reason Doug and Alex faced deportation proceedings at all — the Defense of Marriage Act, a law that the President and the Attorney General have both determined to be indefensible and unconstitutional.

To support the couple and to show widespread public support for their right to remain together, legally, in the United States, many organizations working for full federal equality for lesbian, gay, bisexual, and transgender (LGBT) Americans held a rally outside the courthouse in San Francisco where the hearing is scheduled to take place. Organizations leading the rally efforts include GetEQUAL, Marriage Equality USA, Out4Immigration, and Stop the Deportations.

These organizations launched a petition drive last week to show public support for Doug and Alex, garnering close to 17,000 signatures of individuals who are supportive of assigning all the same rights and responsibilities to same-sex binational couples as to heterosexual binational couples.

Organizations supportive of the couple and the rally include API Equality, API Legal Outreach, Asian Law Caucus. Asian Pacific American Legal Center, Central American Resource Center, Chinese For Affirmative Action, Equality California, Immigration Equality, Love Honor Cherish, National Center For Lesbian Rights, National Immigration Justice Center, San Francisco Immigrant Legal And Education Network, and the San Francisco LGBT Center.

Representatives Mike Honda (D-CA) and Zoe Lofgren (D-CA) have also been actively supportive of the couple, and provided written statements that were read at the rally. Rep. Lofgren's statement included a passionate plea for binational families, including the excerpt below:

"Legally-married couples are being torn apart today in America because our laws unconstitutionally discriminate against same-sex marriages. Each and every day, American spouses are being forced to make unacceptable choices: live their lives separated from one another by thousands of miles, abandon their lives in this country and move someplace else, or break the law and go into hiding. This is a heartbreaking situation all across the United States. I believe the Defense of Marriage Act (DOMA) is unconstitutional and that the government should respect legally-married same-sex couples. I am confident that DOMA one day will not be law. The whole country will look back and understand it was simply discrimination."

Speakers at the rally included Bevan Dufty (Former San Francisco Supervisor), Phil Ting (San Francisco City Assessor/Recorder), Vincent Pan (Chinese for Affirmative Action), Ross Mirkarimi (San Francisco Supervisor), Lavi Soloway (Attorney for Doug & Alex), Heidi Li (API Legal Outreach), Ming Wong (National Center for Lesbian Rights), Ana Perez (CARECEN), Annette Wong (SFILEN), Dusty Araujo (National Immigrant Justice Center), and Judy Rickard (Author, “Torn Apart: United By Love Divided By Law”).


VISIT THE O4I BLOG TO READ ABOUT OUR WORK AND ACTIONS TO END DISCRIMINATION AGAINST SAME-SEX BINATIONAL COUPLES.

[AtLast]

Originally Posted by UofMfan

No one knows for sure at this time, but to me it looks like it will be stopped.

Yes, this sounding better and better for them. Plus, I am thinking that with these kinds of decisions going the way of marriage equality, there is a building of legal opinions mounting that might have positive effect on all of us eventually.

Every little bit, helps!

[Sparkle]

Victory for Monica & Cristina! Government Closes Deportation Case Against Married Lesbian Couple in New York

http://www.stopthedeportations.com/b...-new-york.html

/snip

This is the first time the government has asked an immigation court to close removal proceedings against the gay or lesbian spouse of an American citizen since the formation of an inter-agency prosecutorial discretion working group began its work on November 17 with the goal of finding and closing all “low-priority” deportation cases.

/snip

"We are thankful to Immigration & Customs Enforcement and to Immigration Judge Terry Bain for closing this case and stopping the deportation of Monica Alcota. Although the Department of Homeland Security has declined numerous requests in recent months for specific, LGBT-inclusive guidance on deportation cases, this action demonstrates that existing guidelines that weigh “family relationships” and “ties to the community” can be properly applied to protect married lesbian and gay binational couples. After a courageous battle, Monica and Cristina have arrived at the end of a long journey that began when Monica was pulled off a Greyhound bus in July 2009 and held in an ICE detention facility for three months while we fought for her release. That nightmare ends today. Monica and Cristina can now turn to the business of building a future together without living in constant fear of deportation."
- Lavi Soloway, Attorney, Founder of Stop the Deportations

This is good news.
Now to the business of making this the rule, not the exception.

[Novelafemme]

Originally Posted by Sparkle

Victory for Monica & Cristina! Government Closes Deportation Case Against Married Lesbian Couple in New York

http://www.stopthedeportations.com/b...-new-york.html

/snip

This is the first time the government has asked an immigation court to close removal proceedings against the gay or lesbian spouse of an American citizen since the formation of an inter-agency prosecutorial discretion working group began its work on November 17 with the goal of finding and closing all “low-priority” deportation cases.

/snip

"We are thankful to Immigration & Customs Enforcement and to Immigration Judge Terry Bain for closing this case and stopping the deportation of Monica Alcota. Although the Department of Homeland Security has declined numerous requests in recent months for specific, LGBT-inclusive guidance on deportation cases, this action demonstrates that existing guidelines that weigh “family relationships” and “ties to the community” can be properly applied to protect married lesbian and gay binational couples. After a courageous battle, Monica and Cristina have arrived at the end of a long journey that began when Monica was pulled off a Greyhound bus in July 2009 and held in an ICE detention facility for three months while we fought for her release. That nightmare ends today. Monica and Cristina can now turn to the business of building a future together without living in constant fear of deportation."
- Lavi Soloway, Attorney, Founder of Stop the Deportations

This is good news.
Now to the business of making this the rule, not the exception.

This is excellent news! Thank you for sharing, Linus!!

[Linus]

So I saw this yesterday and it made me go

So now we want to eliminate the legal path into the US as well? Really? I already have an issue with the way that the US treats undocumented individuals and not providing a path for those who have been here for a while to become documented. Now we want to make it even harder for legal immigrants from coming in?

Looking at this report ( http://www.immigrationpolicy.org/jus...us-labor-force ) , there is an interesting comment:

As other, more detailed analyses have confirmed, this suggests that immigrants and natives are filling different niches in the U.S. labor market and are therefore not in direct competition with each other for most jobs.