The Morton Memo on Immigration Enforcement: What About Gay Families?

[w8liftinglady]

http://news.feetintwoworlds.org/2011/06/23/the-morton-memo-on-immigration-enforcement-what-about-gay-families/

John Morton, Director of Immigration and Customs Enforcement (ICE), released a memo to employees of his agency to clarify how ICE personnel should use their time, energy and resources in deporting undocumented immigrants and more importantly, who among undocumented immigrants should be deported.

The memo augers well for some immigrants, particularly those who were brought to the United States as children. These are kids, teenagers and young women and men who know no other home and consider themselves American. Morton includes among “positive” factors which “should prompt particular care and consideration” minors and elderly individuals as well as individuals present in the United States since childhood.

As the foreign-born half of a gay binational couple, I can’t help but wonder how the memo would affect me, my spouse and thousands of other legally married or partnered couples like us.

Gay rights advocates have been quick to express their concern. Although ICE representatives are encouraged to consider whether an individual has a spouse who is a U.S. citizen or permanent resident, it is not clear whether this applies to lesbians and gays. Immigration status is a federal matter, and legal gay marriages and civil unions are not recognized by the U.S. government thanks to the Defense of Marriage Act (DOMA).

Rachel Tiven, executive director of Immigration equality argues:

“While ICE has taken a significant step in recognizing that tearing families apart should not be a government priority, it must be explicit that lesbian and gay families are protected, too.”

She adds, “Given the absence of any LGBT family recognition at the federal level, the decision not to explicitly include our spouses and partners in the ICE memo is striking.”

The Morton memo nonetheless leaves me cautiously optimistic, since it has additional criteria that can be read as benefiting gay immigrants and their families. ICE personnel, for instance, are advised to take into account whether a person has a child or is the main caretaker of an ill spouse.

[Bluenorthwest]

1. They rip families to shreds to serve 'family values'.

Sick and twisted bastards all.