Napolitano: Can't Help Gay Binational Couples Because of DOMA

Secretary of Homeland Security Janet Napolitano told reporters today that the Obama administration cannot put on hold marriage-based green card applications for binational same-sex couples because of DOMA, the Washington Blade reports:

When asked by the Washington Blade on Monday during a White House news conference, Napolitano asserted DHS can’t take such action, which could protect bi-national gay couples from separation stop the deportation process in some extreme cases.

“The legal advice we have received is that we can’t put them in abeyance because DOMA remains the law,” Napolitano said. “We’d like to see that law overturned. In practical terms, however, most of those cases fall within very, very low priority in terms of what we’ve done over the last years, which is to build priorities into immigration enforcement, so we’re not seeing, in practicality, those deportations occur.

In 2009, DHS took such action for the widows of U.S. citizens when Napolitano ordered U.S. Citizenship & Immigration Services to grant deferred action widows who are foreign nationals and suspend adjudication of their visa petitions and adjustment applications.

Asked why her department couldn’t take similar action for bi-national same-sex couples, Napolitano replied, “Well, because of DOMA.”

More at the Blade...

Obama Administration Issues Written Guidance to Immigration Officials Regarding Same-Sex Relationships

As promised, the Obama administration has issued written guidelines to immigration officials whose job it is to determine whether to exercise prosecutorial discretion in potential deportation cases regarding same-sex relationships. The guidelines indicate three criteria, the Washington Blade's Chris Johnson reports:

The guidance offers three criteria for immigration personnel as they determine whether a same-sex relationship would “rise to the level of a ‘family relationship’”:

Same-sex relationships that rise to the level of “family relationships” are long-term, same-sex relationships in which the individuals

• are each other’s sole domestic partner and intend to remain so indefinitely;

• are not in a marital or other domestic relationship with anyone else; and typically maintain a common residence

• and share financial obligations and assets.

The guidance, dated October 5, can be downloaded HERE.

Writes Lavi Soloway of Stop the Deportations, in a statement:

We are grateful that the Obama administration has finally issued written guidelines that bi-national same-sex couples can invoke when fighting deportations in court. Our law firm, Masliah & Soloway, as part of this pro bono campaign, continues to represent numerous same-sex couples in immigration courts around the country who are facing imminent deportation, and, thanks to this document, we can help many more couples from being torn apart.

Full statement here.

Congressman Rush Holt Calls on Janet Napolitano to Stop Deportations Involving Married Same-Sex Binational Couples

For the first time since the administration changed its tune on DOMA, a Congressman has asked Homeland Security Secretary Janet Napolitano to resolve the deportation case of his constituents and halt deportations of gay and lesbian binational couples.

Congressman Rush Holt sent a letter to Napolitano last week urging her to take action on the case of Josh Vandiver and Henry Velandia (pictured, right, with Holt, center), who have been fighting deportation since 2009 and working as advocates for the campaign to help other binational same-sex couples in similar situations.

Writes Stop the Deportations:

In the letter, Holt writes that their case "illustrates the injustice and unconstitutionality of the Defense of Marriage Act" and notes that "our immigration policies must work to unite families, not rip them apart." As the Congressman notes, Josh and Henry were lawfully married in the state of Connecticut, but because of DOMA Josh is prevented from petitioning Henry for a green card. In fact, Josh did file an alien relative petition for Henry earlier this year, and that petition was denied. Henry faces a final deportation hearing on May 6. On that day an Immigration Judge in Newark, New Jersey will decide whether Henry will be deported to Venezuela.

Holt asks for a suspension of all deportations involving same-sex married binational couples until legal questions regarding DOMA have been settled.

Read his letter, AFTER THE JUMP...

Watch: Janet Napolitano Tells Walmart Shoppers to Look for 'Suspicious' Activity in Video to Air at Checkout Counter

If you see something suspicious in the parking lot or in the store, say something immediately. Report suspicious activity to your local police or sheriff. If you need help, ask a Walmart manager for assistance," says Janet Napolitano in a new DHS video:

"It's part of a new Department of Homeland Security program that could see Homeland Security Secretary Janet Napolitano's face on video screens in malls, retail outlets and hotels across the United States. The Walmart video, which will soon be launched at 230 locations nationwide and may eventually be expanded to nearly 600 locations in 27 states, features Napolitano thanking the retailer by name for participating in the program."

Watch, AFTER THE JUMP...

ABC News Pushes Drudge's Gay-Baiting of Janet Napolitano

Remember when Matt Drudge was gay-baiting Janet Napolitano back in January?

Well, as the Huffington Post notes, ABC News is now pushing Drudge's suggestion that Janet Napolitano's leadership is questionable because she's allegedly a lesbian.

Writes Devin Dwyer in the lede of an article about Napolitano: "The former Arizona governor, dubbed 'Big Sis' by one conservative blogger, oversees more than 188,000 civilian employees, 200,000 contractors and an amalgam of 20 subagencies, including the Federal Emergency Management Agency, the Coast Guard and the Transportation Security Administration."

 

Drudge Gay-Baits Janet Napolitano

Writes Andrew Sullivan: "Isn't outing people something Drudge might want to avoid?"

Previously...
Homeland Sec'y Janet Napolitano Refuses to Deny Lesbian Rumors [tr]