DHS Issues New, Written Guidelines for Discretionary Relief for Same-Sex Binational Families

More than a year after the Morton Memo, which issued guidelines for Immigration and Customs Enforcement (ICE) agents charged with determining which individuals were subject to deportation under current immigration law, the Obama Administration and Department of Homeland Security (DHS) have unequivocally defined same-sex binational couples as "family".

While the Morton Memo implied that the definition of family should apply to same-sex binational couples, this was never officially put in writing. As long as the message to ICE agents remained unwritten, it left the actual determination if gay and lesbian couples constituted a family up to any individual agent to decide. Any agent strictly going by the book could cite the Defense of Marriage Act (DOMA) to null and void any marriage, civil union or domestic partnership, dismiss our family relationship to our partner, and order a fast track deportation for an out-of-status spouse.

It took two letters from Congress, spearheaded by Minority Leader Nancy Pelosi and Rep. Jerrold Nadler (long-time leading co-sponsor of the Uniting American Families Act) to the Obama Administration to obtain these written guidelines. Pressure from all leading LGBT immigration rights groups and champions that continued to push for this simple, yet critical step were instrumental in this. The couples represented by Lavi Soloway of Stop the Deportations and the ensuing news coverage and grassroots support, as well as the lawsuit filed on behalf of five same-sex binational couples by Immigration Equality brought our stories into the mainstream -- and kept them there.

Make no mistake -- every same-sex binational couple who has come forward and told their story over the years contributes to these small, but highly significant changes and shifts in getting the US government to recognize our families for immigration purposes, and ultimately to repeal DOMA and accord us with all of the 1,100+ federal marriage rights.

For all of you who signed the Out4Immigration petitions demanding that the Obama Administration and DHS do something to clarify the statements made in the Morton Memo about our families and put this in writing - kudos! This was indeed part of the pressure applied.

As of today, if you are in a same-sex binational marriage, civil union or domestic partnership and you are out of status, should you find yourself in deportation proceedings, you will automatically be classified as "low priority" because of your relationship to an American citizen. There is no longer any room for the DHS or ICE to define your relationship to your American partner as anything other than "family".  

But -- our work is not done. There are still untold numbers of American citizens who have been forced to leave the US to keep their families together. These Americans living in exile deserve the right to bring their families home. There are still an estimated 40,000 same-sex binational couples here in the US right now -- the majority on visas that have an expiration date that will either force those couples into exile, or into the abyss that could land them in deportation proceedings. While guidelines have been changed to protect those who fall below the radar, that is no place anyone legally married to a US citizen should be.

Stand up and tell your story. Become a volunteer or donate to Out4Immigration and help us ensure that all same-sex binational couples and our families are treated equally under US federal and immigration laws.  

Radio Interview with Lavi Soloway and Judy Rickard

Judy Rickard, author of Torn Apart, United by Love Divided by Law, and Stop the Deportations attorney Lavi Soloway are interviewed by Marilyn Pitman from Out in the Bay.

Click here to listen to this radio broadcast, originally aired on July 12.

Lavi talks at length about the current situation for same-sex binational couples, various lawsuits, actions and directives that are all set to converge in a "post-DOMA world" we hope will come about with the reelection of President Barack Obama in November. He also speculates on what could happen should Mitt Romney become president.

Meanwhile, Judy talks about how she and her wife Karin are now clients of Lavi's and their actions of "civil disobedience" as they petition for a green card for Karin.

Home for the Holidays

Out4Immigration is pleased to partner again with the amazing activists at GetEQUAL and Stop the Deportations to bring the world the story of Jesse & Max, a same-sex binational couple living in exile. Like thousands of other couples, Jesse & Max have been forced out of the United States because the federal government will not recognize them as a loving and committed couple. Jesse is an American citizen. Doesn't he deserve the same rights as an American man who marries a woman from another country? Or an American woman who marries a man from another country?

We're sure you think so, too! Visit GetEQUAL's webpage devoted to this story, where you can quickly download this video for sharing on your social networks.

You can also sign this petition to Janet Napolitano of the Department of Homeland Security. She has the power to issue humanitarian parole to the foreign partners of American citizens, so that these couples can come home for the holidays.

We hope in 2012 we see an end to the stories of exile, separation and uncertainty. The one way we know we have achieved all that did transpire in 2011 was because of the stories so many of us continue to tell. Over the holidays, be sure to share yours. There's a great new site devoted to helping you explain what a binational couple is and why we are denied the right to keep our families together in the United States. It's called GayItForward.

Victory for Monica and Cristina! Government Closes Deportation Case

BREAKING: Immigration & Customs Enforcement Closes Deportation Case Against Argentinean Lesbian, Monica Alcota, Based on Ties to Community Including Marriage to her Spouse, Cristina Ojeda

This is wonderful news. Congratulations to this couple and their attorney Lavi Soloway, founder of Stop the Deportations, for doing exactly that - stopping the deportation of Monica Alcota.

According to Lavi, "This is the first time the government has asked an immigration 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."

This is also the third significant high-profile victory for Lavi and clients this year. Earlier this year Out4Immigration along with Get EQUAL rallied behind the efforts of Stop the Deportation and two other couples - Henry and Josh and Alex and Doug.

Read more about Monica and Cristina's case at Stop the Deportations.

Sign and circulate the Out4Immigration petition for ICE and the Department of Homeland Security to clearly state in their guidelines that married same-sex binational couples be treated as family in the eyes of immigration law. At least three times this year, sympathetic judges have ruled accordingly, as in the case of Monica and Cristina. But an unsympathetic judge could have ruled differently. We need to be specifically and clearly included in standard guidelines so that there is no room for error and a loving, committed couple cruelly torn apart.

Sign the petition here!

DOMA Deportations Could Stop: More Couples Making Headlines

It has been an incredible summer for same-sex binational couples, with numerous cases, rulings and directives that may signal the beginning of the end of DOMA-based deportations.

Last week, Secretary Janet Napolitano announced that Homeland Security will be implementing changes to its immigration enforcement programs to focus its resources on high-priority immigration cases involving crimes and other public safety concerns, while de-emphasizing the targeting of immigrants who have no criminal convictions and can show family and community ties in America. Additionally, it was announced that there will be a case-by-case review of all current and future deportation cases as recommended by the Morton Memo.

Officials from the Department of Homeland Security also confirmed to Metroweekly that

"The prosecutorial discretion memo provides for the use of discretion for people with strong community ties, with community contributions and with family relationships. We consider LGBT families to be families in this context."

This memo directs the Immigration Service to place a low priority on deportations of undocumented immigrants who have committed no crimes and can demonstrate a strong link to family and community. Same-sex binational couples will benefit from this ruling, as it considers our relationships to be "family". Under the discretion of an immigration judge, on a case-by-case basis, should the spouse or partner of an American citizen find themselves in deportation proceedings, the deportation will most likely be stopped.

That's exactly what happened last week in the case of Alex and Doug, who you read about and supported by signing the petition at Change.org and GetEQUAL.org last month. Initially the judge planned to review their case in 2013. Last week - the judge permanently closed the case! Alex can now stay in California with his husband Doug without the threat of separation or deportation.

At the same time, Sujey Pando & Violeta Pando who were also facing separation by deportation in Denver, Colorado last week, had their hearing halted. The immigration judge Mimi Tsankov instead scheduled a new hearing to consider a marriage-based application for relief from deportation for Sujey called a Application for Cancellation of Removal .

This is the same type of decision that closed the Henry Velandia case on the East Coast at the end of June. Henry can now stay in the US permanently with his husband Josh.

Lavi Soloway from Stop the Deportations Project has been the attorney for Alex & Doug, Henry & Josh as well as Sujey & Pando.

Another case making headlines is that of Anthony Makk and Bradford Wells. This case, however, is different from those above. Anthony has not overstayed a visa and is not in deportation proceedings. His visa runs out on August 25 and he is supposed to return to Australia. Immigration Equality is working on behalf of this couple. Bradford is ill with AIDS and Anthony is his husband and primary caregiver. We are hopeful that with last week's clarification from Secretary Napolitano, Anthony will be able to continue to stay in the US with Bradford.

Sign this petition to help out: http://www.change.org/petitions/stop-the-deportation-of-anthony-john-makk-and-stop-defending-doma

There is a lot going on and it is difficult to keep up with all the news and the changes. Out4immigration understands this and we will try to keep you updated on our Yahoo Groups list, Facebook page and Twitter.

Although these rulings have been favorable for couples facing deportations, we caution couples to seek expert legal advice and not to overstay visas or file spousal or fiancee visa/green card petitions without consultation. You can email us at info@out4immigration.org if you have questions or need a referral.

Video Montage - Stop The Deportations Rally for Doug & Alex

Sean Chapin has released a song "Sing Me a Lullaby" on iTunes which benefits Out4Immigration. Sean was at the rally in support of Doug & Alex last Wednesday. He has also put together a video montage of the rally and uploaded it on Youtube.com.

For those who didn't make it to the rally, click on the video here to hear snippets of what was said at the rally.

We'd like to thank Sean for helping us record the events for all to see. Thanks also to Dennis Veite of GetEQUAL & Out4Immigration volunteer Erik Schnabel for helping us pull the entire events together!

LGBT Organizations Rally for Binational Same-Sex Couple Facing Deportation

FOR IMMEDIATE RELEASE: July 8, 2011

CONTACT:

Michael Talon, 202.631.9830 or michael@lunamediagroup.com

Erik Schnabel, 415.377.0387 or erikschnabel@hotmail.com

Amos Lim, 415.742.1626 or Amos@Out4Immigration.org

Media Advisory

LGBT Organizations Rally for Binational Same-Sex Couple Facing Deportation

While DOMA Remains Law of the Land, Couples Are Being Torn Apart

SAN FRANCISCO, CA – On July 13 in San Francisco, Doug Gentry and Alex Benshimol, a married California couple who have been together for six years, will face every same-sex binational couple’s worst nightmare: a deportation hearing. Doug, a U.S. citizen, filed a marriage-based "green card" petition for Alex in July 2010. It was denied in March in a one-page letter citing the Defense of Marriage Act (DOMA) as the only reason. The couple re-filed the petition in June, citing changes in the administration position on DOMA that took place in February, and the Attorney General's intervention in a Board of Immigration Appeals case in April involving a gay binational couple facing deportation which was made public on May 5.

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 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 are facing deportation proceedings at all. That reason is the Defense of Marriage Act, or DOMA, a law that the President of the United States himself has determined to be indefensible and unconstitutional.

On July 13, Doug and Alex will ask the immigration judge and the Immigration and Customs Enforcement (ICE) attorney prosecuting the case to put these deportation proceedings on hold pending the outcome of efforts to repeal DOMA or a final definitive ruling on DOMA's constitutionality by the federal courts.

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

As part of their campaign, Doug and Alex were featured recently in an article by the Associated Press (http://stopthedeportations.blogspot.com/2011/06/associated-press-highlights-doug-and.html). There is also an online petition, directed at President Obama, to save Doug and Alex's marriage: http://bit.ly/dougalex

Details about the rally are below:

WHAT: “Rally for Doug & Alex” (For more details on the rally, see the Facebook event page at https://www.facebook.com/event.php?eid=130583703690415)

WHO: GetEQUAL, Marriage Equality USA, Out4Immigration, Stop the Deportations

WHEN: Wednesday, July 13, 2011 from 7:30am-8:30am (prior to Doug & Alex's hearing)

WHERE: 120 Montgomery Street, San Francisco, CA

Doug and Alex have waged a public campaign to focus attention on the impact of DOMA on binational couples facing the imminent, irreversible harm of deportation. Doug and Alex are fighting to be together and save their marriage. They they are also fighting for their family: Doug's two children from a previous marriage consider Alex to be their stepfather and are heartbroken at the idea that he may be deported to his native country, Venezuela. Clearly, there is no option for Doug and his children to move to Venezuela, where life is not only dangerous for LGBT people but where Doug and his children would be unable to obtain any legal status, since Doug's marriage to Alex is not recognized in that country for immigration purposes. DOMA will tear apart this California family unless we stop this deportation.

###

Founded in 2010, GetEQUAL is a national grassroots organization whose mission is to empower the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community and our allies to take bold action to demand full legal and social equality, and to hold accountable those who stand in the way. For more information, go to www.getequal.org, www.facebook.com/getequal, or www.twitter.com/getequal.

Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation.

Out4Immigration is a volunteer grassroots organization that addresses the widespread discriminatory impact of U.S. immigration laws on the lives of Lesbian, Gay, Bisexual, Transgender and HIV+ people and their families through education, outreach, advocacy and the maintenance of a resource and support network.

Stop the Deportations is a campaign launched in July 2010 by a group of married binational couples working with attorneys Lavi Soloway and Noemi Masliah, founders of Immigration Equality and partners in the law firm Masliah & Soloway. The purpose of the campaign is to raise awareness of the cruel impact of the Defense of Marriage Act on married gay and lesbian binational couples and bring an end to that discrimination.

Historic Victory for Josh & Henry and Important July Events

If you have been following the news, Henry Velandia was facing deportation even though he is married to an American, Josh Vandiver. Earlier this year, Henry's case was put on hold - yesterday, his deportation was suspended! This is an amazing breakthrough for same-sex binational couples, and all those working to repeal DOMA.

In Henry's case, after review, the Newark Immigration Court granted a motion to administratively close deportation proceedings against based on President Obama's instructions to Attorney General Holder earlier this year that Section 3 of DOMA is unconstitutional and should stop being defended in court. You can read more about the historic victory here:

NY Times: US Drops Deportation Proceedings Against Immigrant in Same-Sex Marriage

Stop The Deportations: Government Drops Deportation Case Against Henry Velandia

BACK-TO-BACK EVENTS IN JULY

As Pride Week comes to a close, Out4Immigration, Marriage Equality USA, GetEQUAL and Stop the Deportations Project are busy again prepping for two back-to-back events in July. If you live in the Bay Area, we hope you can come out and join us!

"United by Love, Divided by Law - How DOMA Impacts Same-Sex Binational Couples"

July 12th, 6pm - 7.30pm

San Francisco Public Library, Main Branch (Civic Center BART/MUNI)

100 Larkin St, San Francisco, CA

For the first time ever, Out4Immigration is proud to be organizing an event with the San Francisco Public Library's James Hormel LGBT Center titled "United by Love, Divided by Law - How DOMA Impacts Same-Sex Binational Couples". The event listing can be found on Facebook (you do not have to be a member of Facebook to see the details as it is a public event).

Come out and hear from Attorney Lavi Soloway (Stop The Deportations Project), Attorney Ilona Turner (National Center for Lesbian Rights), Judy Rickard (Author, Torn Apart) and listen to stories from same-sex binational couples as they discuss this very important topic!

Rally In Support of Doug & Alex

July 13th, 7.30am

120 Montgonmery Street

On July 13th, 2011 in San Francisco, Alex Benshimol and Doug Gentry, a married California couple, will face every same-sex binational couple’s worst nightmare: a deportation hearing. As anyone following this issue knows, for years there has been little hope for same-sex binational couples seeking to reside together in the US. Many are legally married like Alex and Doug, but are still treated as legal strangers in the eyes of our own government.

Out4Immigration is co-organizing this event with Marriage Equality USA (MEUSA), Stop The Deportations & GetEQUAL on July 13th, the day after the library event, in support of Doug & Alex as they head into the immigration courts for their deportation hearing.

For more information about Doug & Alex - you can read their story here: http://stopthedeportations.blogspot.com/2011/06/doug-alex-face-doma-deportation-hearing.html

Doug and Alex are also featured in our Change.org petition this week! http://www.change.org/petitions/save-doug-and-alexs-marriage-and-stop-deporting-our-spouses

Complete details and the event listing can be found on Facebook. We hope you can turn out in support of Doug and Alex as they walk into the court house for their deportation hearing!

After the historic victory of Josh and Henry yesterday, we need to keep the pressure up and ensure that no LGBT families will be broken apart because of a discriminatory federal law called DOMA!

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

Let's Keep the Pressure On: Other Actions You Can Take This Week

Online activism: Sign our weekly petitions at change.org urging Congressional and Executive Support of Equal Immigration Rights for Same-Sex Binational Couples! We got a total of 12 new co-sponsors since the bill, Uniting American Families Act (UAFA) has been introduced on April 14th .

Devote Campaign - Out4Immigration: Did you see the video about Out4Immigration's volunteers that was shot by Devote Campaign recently? Check it out here!

Stay tuned: To our Yahoo! Groups list, Facebook page or follow us on Twitter to keep up with breaking news and urgent actions. It seems something is happening to tear down the barriers same-sex binational couples face every day. Be a part of the change!

Obama Administration Sends Conflicting Messages on Same-Sex Binational Couples and DOMA

by Chris Barnett in collaboration with Out4Immigration and Lavi Soloway

Here's our latest petition, starting with background:

Petition link: http://tinyurl.com/3ebxc5h

On June 8th at the tail end of a White House press conference, Press Secretary Jay Carney was asked about the ongoing deportations of same-sex spouses of Americans, specifically:

“In June 2009 the Department of Homeland Security issued a memorandum on deporting certain widows and widowers of U.S. citizens. At the time, Homeland Security Secretary Janet Napolitano said that, “smart immigration policy balances strong enforcement practices with the common-sense practical solutions to complicated issues.” Yet, in May, asked about requests by advocates for a moratorium on deportation of foreign partners and same-sex binational relationships, similar to the 2009 moratorium, you said the President can’t just wave a wand and change the law. Can you explain the difference there?”

The answer from Mr. Carney? A) The President cannot wave a magic wand. B) That we need to work on comprehensive immigration reform and generate bipartisanship support for it sometime in the future, one day it will happen.

Imagine having plans for your life, your career, your family, your dreams—even your ability to go home to the one you love in the evening—hinge upon successful comprehensive immigration reform! It’s ludicrous to think any citizens would be faced with this, yet thousands of Americans and their families are.

While a court has struck down The Defense of Marriage Act as unconstitutional, and the Justice Department’s agreement with that, one must wonder why no action has been taken to stop the deportations.

This equivocating at the highest branches of government MUST stop. Press Secretary Carney is the mouthpiece for this administration, and his answers are highly unsatisfactory to the estimated 54,000 couples whose partners are at risk of deportation.

The body of our petition letter springboards from the words of Attorney Lavi Soloway, writing in response to the interchange described above. We have been saying for a long time that this is a community issue. As long as some of us are not free to choose where we want to live and who we want to commit our lives to, then no one is free. If we do not have the support of wider community, we allow injustice to perpetrate. Please sign our petition letter, and please share it on!

Out4Immigration (O4I) is an all grassroots volunteer organization. Each week we target members of Congress, elected and appointed officials, and policy makers with our weekly petition urging them to do something to change the unjust laws that keep same-sex binational couples from fair and just immigration rights.

You can visit Out4Immigration at its website, through its Yahoo Group Page, on Facebook and Twitter, or at its blog. If you know someone in a same-sex binational relationship, please encourage them to speak up and get involved. The time for justice is now!

Petition link: http://tinyurl.com/3ebxc5h

And here is the letter:

Please Lead on the issue of Binational Same-sex Families Being Torn Apart by DOMA

Dear Press Secretary Carney,

At a White House press briefing on June 8, you were asked about the ongoing deportations of spouses of lesbian and gay American citizens. By responding that the administration is focused on bipartisan comprehensive immigration reform rather than addressing the impact of the Defense of Marriage Act (DOMA) on lesbian and gay American citizens with foriegn spouses, you sidestepped both the question and the essence of the matter.

We believe that a more focused effort to address this issue is long overdue, and simply diverting these questions about the impact of DOMA on same-sex binational couples by re-framing it as an immigration reform issue is no longer acceptable. Some American families continue to be less equal than others, their lives are being destroyed, and the culprit is DOMA. This administration has rejected DOMA in every way possible and must work to ensure its swift repeal; meanwhile, we need clarification from the administration: how will the White House ensure that LGBT Americans with law-abiding, foreign spouses are not torn apart by unnecessary deportations?

One of the most prominent voices advocating for binational same-sex couples is attorney Lavi Soloway, a veteran of LGBT immigration and Marriage Equality movements and the founder of the Stop The Deportations - The DOMA Project campaign. This was his reaction to the answer you gave at the press briefing, which was published in Metro Weekly by Chris Geidner:

“It is true that comprehensive reform is desperately needed to fix our broken immigration system. But achieving bipartisan support in the foreseeable future is extremely unlikely and, frankly, irrelevant at this point to the thousands of lesbian and gay binational couples who are threatened with deportation, separation, and exile. By repeatedly returning to its comprehensive immigration reform talking points, the administration side-steps what is at the core of this issue: Equality.

We agree. With all due respect, this is not about achieving comprehensive reform, bipartisan or otherwise. It is about treating all American citizens with foreign spouses with respect and compassion by protecting them from being torn apart. The executive branch has the power to ensure that our families are at least protected from deportation today while we continue the fight for full equality.

Same-sex binational couples should not need to wait until immigration reform is achieved years from now, because US immigration law already provides for an American citizen to sponsor his or her spouse for a “green card.” It is DOMA that is destroying the lives of same-sex binational couples, not a lack of immigration reform.

This administration believes DOMA is unconstitutional and refuses to defend it in federal court. Just last week the White House informed us that President Obama “believes that Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.” The President must take action immediately to ensure that no Americans face this choice. He can do this by putting in place a moratorium on the deportations that would protect all LGBT binational couples until DOMA’s fate is resolved by Congress or the courts.

The administration has an opportunity and a responsibility here to match its public statements about DOMA and same-sex binational couples with action. We simply cannot accept that the admirable goal of achieving comprehensive immigration reform requires that unnecessary “DOMA deportations” must continue. Along with 65 members of the House and Senate, we urge the President to put a halt to all deportations of spouses of LGBT Americans.

The conflicting messages coming from the White House leave us with no protection against the deportation of our spouses and partners. We are not asking the President to “wave a magic wand.” We are asking for meaningful, and overdue, leadership on this irreparable harm that is being perpetrated on our families because of DOMA.

Sincerely--

[Your name]

Petition link: http://tinyurl.com/3ebxc5h

Cristina and Monica: Legally Married Same-Sex Binational Couple Facing Deportation

Today Freedom to Marry released a video produced in partnership with In The Life Media telling the moving story of Cristina Alcota and Monica Ojeda, who, though legally married, face deportation or separation because the so-called Defense of Marriage Act denies married same-sex couples immigration protections.

This is the reason why we need the laws in this country to change! When you are done watching the video, head over to change.org and sign all of our petitions there!

The couple are clients of attorney Lavi Soloway, who runs the DOMA Project: Stop the Deportations. Lavi has proved to be a champion for couples like Christina and Monica, and a number of Out4Immigration members have sought his advice. If you need to contact Lavi, you can do so through his website, the DOMA Project: Stop the Deportations.

Note: Cristina and Monica have appeared numerous times in the media as activists for the DOMA Project's Stop The Deportations campaign, including: CNN, New York Daily News (twice), Gay City News (twice) and NY1 Pura Politica.

Let Anthony John Makk Stay in the US

Another same-sex binational couple is about to be torn apart. Anthony (left) is an Australian national legally married to Bradford (right) an American.

The couple have been together almost 20 years and have been married for seven. Anthony has been able to stay in the US for this length of time on the back of work visas while running his own business, but now that visa is up and he will be forced to leave Bradford on June 13.

The couple are clients of Immigration Equality, who we hope will win some type of temporary reprieve to keep Anthony here. Bradford has a number of health problems that would make it very difficult for him to travel to Australia - but that is not the point. The point is: As an American citizen who is legally married, Bradford should have the right to sponsor Anthony for a green card, the same right that is afforded to married opposite-sex binational couples.

What Can You Do to Help?
1. Support this couple by joining a Facebook page dedicated to their case: Let Anthony John Makk Stay in the US.

2. Sign this week's Out4Immigration petition to Sen. Dianne Feinstein (D-CA), urging her to use her political power to stop the deportations of ALL same-sex binational couples and end the discrimination. Click here.

3. Watch last night's Bay Area NBC affiliate news coverage of Anthony and Bradford's story and circulate this video.

Lavi Soloway's LGBT Immigration Update on Marriage News Watch

Extensive interview with attorney Lavi Soloway of Stop the Deportations. Lavi was the attorney for Henry Velandia, a Venezuelan national who is married to American citizen Josh Vandiver and faced deportation last week. Lavi's strategy, coupled with a stunning decision from Attorney General Eric Holder less than 24 hours before Henry's hearing, halted the deportation. Please watch this video for heaps of insight into what Lavi says is "this complicated, fast-moving issue."

Washington Post Calls For Moratorium on Deportations of Lesbian and Gay Partners of U.S. Citizens

An op-ed in today's Washington Post, one of the country's most influential editorial boards, has called for the a moratorium on the deportation of undocumented same-sex partners of American citizens.

This is huge. People are paying attention, and it means that the awareness that was raised by Stop the Deportations, GetEQUAL and several other groups (including Out4Immigration) around the deportation and potential separation of Henry Velandia and Josh Vandiver was heard around the Beltway.

Read the editorial here.

DEPORTATION HALTED: "I Cannot Thank You Enough"

Via GetEQUAL.

In the shadows of the Statue of Liberty, we see glimpses of freedom.

Henry Velandia's deportation hearing ended a short time ago, and it was quite an event. Because of the pressure that you and thousands of other LGBT advocates across the country created, Henry's case was pushed back to December, opening up the possibility for tens of thousands of other same-sex binational couples to make a case to keep their families together, despite the discriminatory Defense of Marriage Act (DOMA).

Henry and his husband, Josh, are ecstatic that they have more time together, though the fight is certainly not over yet. This week, a wide range of LGBT organizations came together to support Henry and Josh, including Stop the Deportations, All Out, Courage Campaign, Garden State Equality, Out4Immigration, Princeton Equality Project, Immigration Equality, Marriage Equality USA, and Queer Rising. And Henry and Josh's lawyer, the tireless Lavi Soloway, was a force to be reckoned with.

We asked Lavi if he wanted to send along a message to you with an update about what this means for Josh and Henry, for other binational couples, for other LGBT Americans, and for the movement -- here's what he had to say:

"Today was a remarkable day. We're still in legal limbo with this case and with others, but http://www.blogger.com/img/blank.gifmomentum is on our side and the Administration is starting to look for ways to address the disparity in how the U.S. government treats binational same-sex couples. We have wind at our backs, but there are tens of thousand of couples who are facing similar circumstances. We'll fight as hard as we can in the courtroom, but we need activists and organizers to fight as hard as YOU can on the streets. For your work that led to today's outcome, I cannot thank you enough!"

-- Lavi Soloway, co-founder http://www.blogger.com/img/blank.gifof Immigration Equality and founder of StopTheDeportations.com

Today was a good day…and we don't always have a lot of good days. We'll continue to press the Obama Administration to create a permanent solution to this problem of immigration inequality, but we'll need more people like you in order to do that.

Can you forward this email to your friends, asking them to join the movement for full federal equality at www.getequal.org/join-the-movement

In the shadows of the Statue of Liberty today, we were not silent, and her poem held renewed meaning: "Give me your tired, your poor, your huddled masses yearning to breathe free."

For equality,

-Heather Cronk, Managing Director

Note: Read today's New York Times coverage of this historic case, click here.

URGENT ACTION: May 6 - Stop the Deporatation of Henry Velandia and All Spouses of LGBT Americans

Stop the Deportation of Henry Velandia and All Spouses of LGBT Americans, Friday, May 6, Newark, NJ

Out4Immigration urges everyone in the Newark, NJ area to come out to protest the deportation of Henry Velandia Friday, May 6 at 11am:

Department of Homeland Security/Newark Immigration Court – Peter Rodino Federal Building

970 Broad Street

Newark, New Jersey

Henry (shown here at the right) legally married Josh Vandiver (left), a US citizen in Connecticut last year. But because of DOMA our federal government does not recognize this marriage and is ready to deport Henry. This couple will literally be torn apart, Josh's husband taken from him and returned to his native Venezuela, banning them from being together again on U.S. soil for 10 years!

Sadly, Josh and Henry are not the only same-sex binational couple in this situation. We need to make our voices heard that separating loving and committed couples is unacceptable. President Obama and Secretary of Homeland Security Janet Napolitano can stop these deportations while we continue to work to pass legislation like the Uniting American Families Act (UAFA), inclusive Comprehensive Immigration Reform and repeal DOMA. More details on Friday's action are on Facebook.

Can't Get to Newark on May 6? Here's What You Can Do

Online activism: There are several online petitions targeting Obama, Napolitano and members of Congress. Sign Stop the Deportation of Henry Velandia; Sign Dear USCIS: Don't Go Back to Denying Green Cards to Loving Same-Sex Couples; Sign the weekly petition for Congressional and Executive Support of the Uniting American Families Act. After you sign each of these, please circulate them widely. Post them on your Facebook page, Tweet them, send them in an email to your friends and family and let them know we need everyone's support.

Be a spokesperson for change: Local news outlets are looking for the local angle on stories like the deportation of Henry Velandia. This is national news. Call or email your local newspaper, TV station or contact your favorite blogger. Tell them you are a same-sex binational couple and this affects you. Share this mailer with journalists you know and respect.

Tell your story: Our greatest tool are our stories. We will publish yours on the Out4Immigration blog and share it with our nearly 5,000 followers. By telling your story you raise awareness within the LGBT community, the immigrant rights' community and your community-at-large. When people realize that regardless of our commitment to our partners, that in spite of being legally married, in a civil union or a domestic partnership that we are still denied the right to live in our own country with the person we love, they work with us to help us break down the barriers that stand in our way. Stand up, speak out.

Follow Henry's case: Henry's deportation hearing is set for May 6. Follow Out4Immigration on Facebook and Twitter for the breaking news.

Out4Immigration Prominently Featured at Congressman’s San Francisco Press Conference on Immigration Reform

by Erik Schnabel

On Wednesday, April 27, Out4Immigration and other LGBT and immigrant rights' groups were invited to stand on the steps of San Francisco City Hall with Congressman Luis Gutierrez (D-IL). Congressman Gutierrez stopped in San Francisco as part of his 20+ city tour across the United States called Change Takes Courage. The Courage tour focuses light on the impact of not having passed immigration reform in Congress, and the local significance of people facing the real life consequences in their daily lives.

[In this photo, Jay Mercado (at the mic) speaks next to Shirley Tan. Erik Schnabel is wearing his O4I t-shirt, Rep. Gutierrez is at the right. See more pics, click here.]

The Tour calls on President Obama to do what he as the President of the United States has the power to do, and grant administrative relief for people facing deportation, especially since Congress has failed in its attempt to do so. The demands of the tour are to:

1) Keep families together - stop tearing apart families through deportation.
2) Stop Turning the Police into ICE agents - Programs like S- Comm, 287g and other local collaborations with police are trapping innocent people.
3) Everyone’s help is Needed to Grow the Economy - immigration programs that go after workers are wrong.

The press conference grew out my participation as a volunteer Community Outreach Organizer with Out4Immigration. In this role I reached out to the San Francisco Bay for Comprehensive Immigration Reform (SFB4CIR) coalition, whose meetings I have attended since last year. SFB4CIR is connected to many of the national groups working on immigration reform, which Congressman Gutierrez contacted for help on his tour. As the organizing began happening, it became clear that through O4I’s long-term connection with the local coalition’s work that we could really influence the message of the press conference and bring light to the fate of LGBT immigrants and binational same-sex couples. I was able to connect through O4I’s network to members who offered testimony. Surprisingly, I was even asked to co-emcee the press conference!

The press conference was very inspirational. Testimony was offered by community members from all aspects of the immigration debate. I was able to share my own experiences as a US citizen partner in a binational same-sex relationship, and was honored to introduce Jay Mercado and Shirley Tan, the same-sex binational couple who made national news when Shirley’s deportation was stopped through intervention by a private bill in Congress. Other testimony came from Norma, a woman who was taken by immigration agents when she reported her domestic violence situation; a high school teacher who spoke out for her DREAM Act eligible students who were too afraid to speak because of their immigration status; a union organizer who has seen immigration used as a tool when workers organize and demand their rights; and a woman who came as a refugee from Iran but knows that except for the fact that she was able to qualify as a refugee she might be in the same situation as many others. Equally powerful was the closing prayer by an Episcopal priest, who talked about being an openly gay man who shares his life with two immigrants - his binational partner and their internationally-adopted son.

In addition to Congressman Gutierrez, we were also joined at the press conference by San Francisco Board of Supervisor President David Chiu, Supervisors David Campos and John Avalos, as well as representatives from the offices of Assemblyman Tom Ammiano and House Minority Leader Nancy Pelosi. Supervisor David Campos, as an openly gay Latino man who immigrated to the US without documents, used his speaking time to hold up the plight of LGBT immigrants and the need to push for reform that includes us. Congressman Gutierrez assured the crowd that any immigration reform measure that he introduces in Congress will include language for LGBT immigrants and same-sex binational couples and that he will fight to make sure we are included in his conversations with President Obama and anywhere else immigration is debated.

If you'd like more information on doing community outreach like this where you live, please feel free to contact me at erikschnabel@hotmail.com or Amos Lim at amos@out4immigration.org. We need more of us to come forward and make connections in our communities that will reach to the top people in Washington who can deliver the change we so badly need.

Grassroots Actions for Same-Sex Binationals this Week

Out4Immigration needs you to take part in a variety of grassroots actions - most of which you can do from your laptop.

Our biggest action this week, however, does require you to come out and join us in San Francisco from 4pm - 6pm this Wednesday, April 20. President Obama is coming to town and Out4Immigration, GetEQUAL and Marriage Equality USA (MESUA) will be out in force to stop asking, and start demanding that the US government start recognizing same-sex binational couples for immigration purposes and stop deporting our partners.

Where: Nob Hill Masonic Center, 1111 California St. (btwn Jones and Taylor), SF
When: Wednesday, April 20, 4pm-6pm
What to Bring: Wear your O4I t-shirts if you have one (if not, you can contact amos@out4immigration.org to request one -- we ask for $10 donation); bring signs that have a direct ask for President Obama. He can't pass UAFA or repeal DOMA, but he can stop deporting our partners and he can speak out on DOMA's unconstitutionality.
RSVP on Facebook!

If this action is successful, we will begin trying to stage more around the country. So, if you are in the Bay Area, please come out. If you live elsewhere, please spread the word.

We have some other important grassroots actions that need your attention.

1) A strong ally of ours, DREAM Activist Prerna Lal is facing removal proceedings. Prerna has an amazing story. She has helped us, and now she needs our support. Read Prerna's story, sign the petition and circulate.

2) On May 6, Henry Velandia and Josh Vandiver, a legally married same-sex binational couple, face the horrors of being permanently separated when Henry appears for a deportation decision in federal court. We've got to stop the deportation of Henry Velandia and you can start by signing and circulating this petition.

3) Speak out in general on the forced separations and deportations of same-sex binational couples by telling the United States Citizen and Immigration Services, Department of Homeland Security and President Obama to stop separating loving and committed couples. Sign and circulate.

4) Last week the Uniting American Families Act (UAFA) was re-introduced in Congress with record support. We need all of the original co-sponsors from the last session back on board. Sign and circulate this petition. UAFA is a part of the strategy to pressure our government at every branch. It spells out the problem and offers a solution. If lawmakers don't think it will pass in this Congress, they can certainly use its significant support to leverage our other judicial and administrative strategies.