Finally, the Obama administration has enforced ICE (US. Immigration and Customs Enforcement) to treat same-sex couples as heterosexual couples when dealing with deportation. Same-sex couples are to be considered family members, in the same way heterosexual couples are perceived by immigration.
As a result, U.S. Immigration and Customs Enforcement has been ordered to implement this ideal to its field offices. Now, the definition of “family relationships” includes long-term, same-sex partners. No longer will same-sex couples and their families feel ambiguity when dealing with a deportation process; in fact, Homeland Security now offers same-sex couples and their families a sense of clarity that gives them a little confidence in their separation cases.
This has been a tremendous accomplishment for same-sex couples. Immigration Equality’s director Rachel B. Tiven said in a statement on Friday, “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.”
However, as House Minority Leader Nancy Pelosi, a Democrat, states that a next step needs to be taken in order to fully protect gay-marriage rights. The Defense of Marriage Act, or DOMA, which forbids federal recognition of same-sex marriage and extension of federal benefits, such as Social Security, to gay and lesbian couples, needs to be exterminated from the United States legislation. There seems to be major controversy within U.S. politicians around eliminating DOMA completely, foreshadowing a major political battle dealing not only with immigrant same-sex marriages but the entire LGBT community’s rights, as well. A second step needs to be taken in order to appropriately uphold the constitutionality of nation’s federal legislation.
Read more at The Christian Post.
I think that this is such a great move by the Obama administration. However, I am wondering how this will end up holding up in the long run due to the fact that gay marriage is not legalized within most of the United States. Also, while I do think that gay couples should be afforded the same rights as heterosexual couples, the absence of the ability to prove validity of the relationships through something like a civil union or marriage may make it hard to distinguish between those couple that deserve this protection and people who may try and use this to their advantage. I would like to know more about what kind of proof immigration will require to prove the legitimacy of these relationships.
I agree with Saybin. Proving the legitimacy of same-sex marriages is a technicality in this policy that must be dealt with in order to put it into play. Additionally, the oppression against the LGBTQ community still remains prevalent in society, so the difficulties they would face would be due to society’s view on immigration status and what sexual orientation a person identifies as. The passing of this legislation is a great stepping stone for the undocumented LGTBQ community, but brings into question many other issues that need to be addressed.
Not only do I agree that this marks an legal achievement, but it also a cultural one. Although the United States is not fully accepting of the LGBT community, I believe we have a more accepting environment than other countries. This move is hopeful for those couples who migrate to the United States that experience persecution of their sexual identities in their native countries.