This is an update on the Bradford Wells and Anthony John Makk deportation case.
I'm linking this to the old closed thread: Another travesty of DoMA in case anyone needs the back story.
Nancy Pelosi Intervenes To Stop Deportation, Keep Gay Couple Together
Quote:As ThinkProgress has often reported, many binational gay couples live in constant fear of being separated by deportation because the Defense of Marriage Act (DOMA) prevents the federal government from recognizing their relationships. But for one San Francisco couple at least, the story has a happy ending, thanks to House Minority Leader Nancy Pelosi (D-CA).
Pelosi personally intervened on behalf of two of her constituents, Bradford Wells and Anthony John Makk, a couple who have lived in San Francisco’s Castro District for the better part of 19 years and were married in Massachusetts in 2004:
Makk is an Australian citizen who was facing deportation after the couple was denied spousal immigration benefits under the 1996 Defense of Marriage Act, which blocks federal benefits to same-sex couples.
Wednesday the U.S. Citizenship and Immigration Services sent the couple a letter that they have been granted a two year deferred action on deportation. Pelosi, who represents San Francisco, personally intervened on behalf of the couple to ensure that Makk could stay in the country.
“The positive resolution of Anthony’s immigration petition is a personal victory for Bradford and Anthony, and keeps this loving couple together,†Pelosi said in a statement. Pelosi told the couple about the ruling herself Wednesday.
According to Metro Weekly, Pelosi also noted the broader implications of the case: “Anthony would have faced deportation because of the discriminatory Defense of Marriage Act, even though he has lived in the United States for more than 20 years, has no criminal history, has never lived here illegally and is the primary caregiver to his husband.â€Â
She applauded the recent efforts of the Obama administration to close many low-priority immigration deportation proceedings, including those against same-sex couples. Pelosi also pledged to fight for the full repeal of DOMA, which continues to keep many other binational gay couples in legal limbo.
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Bravo Nancy Pelosi...once again!
OK...This is the first time I heard anyone else say they love Nancy Pelosi! I am the sole liberal on one political site I go to debate...been there since 1999...and I love saying I love Nancy Pelosi (and I do) because it really pisses them all off. They think I am going to cave and start to think like they do...fat chance. What a surprise to see someone else say it after all these years.
Nancy Pelosi is a great friend to the GLBT community......make no mistake about it.
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East, as you know I'm just starting to really get more into politics mostly through LGBT issues. I never took much notice of her until this year and seeing the absolute failure of our current Speaker of the House.
What a lost for the US (NOT just on LGBT issues) that she is no longer Speaker! I just think she has a heart as well as sense. I respect her so much. I read her as a true listener, someone who THINKS rather than follows.
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I really don't know much about her other than she is a representative from California, was the Speaker of the House, is liberal, her social policies match that liberal bend, and her economic policies lean toward regulation. I personally am for intelligent regulation (regulation that prevents unmitigated greed from establishing itself above the welfare of individuals) . . . the balanced approach to economics. I really don't see why there is that much fuss over her from either side. What am I missing?
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Damn...this is one of my favorite topics but I have to open my shop and pay my bills so I will come back and comment when I have time.
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Another article with more info: Deportation threat lifted from S.F. gay spouse from the San Francisco Chronicle.
Quote:Washington --
Bradford Wells and Anthony John Makk have been together for 19 years. They're married and live in the Castro, but have been living under the threat of separation because Wells is a U.S. citizen and Makk a citizen of Australia.
That threat ended Wednesday, when they won a two-year stay of Makk's deportation.
"We're still dizzy from the news," said Makk, 49. "We are elated."
Because the 1996 Defense of Marriage Act bars all federal marital rights and responsibilities to same-sex couples, Makk was denied consideration for a green card based on his marriage to Wells, who suffers from severe AIDS-related illnesses. Makk is his primary caregiver.
"I'm relieved, really excited and relieved," said Wells, 56. "I am so grateful I don't have to worry about Anthony being taken out of the country."
The couple's plight, first covered by The Chronicle in June, triggered international media attention.
On Wednesday, the Department of U.S. Citizenship and Immigration Services issued a letter to Makk saying he has been granted "deferred action" on his case for two years. The agency said the stay is "an exercise of prosecutorial discretion" that allows the agency not to pursue deportation for a specific period.
Political intervention
House Minority Leader Nancy Pelosi, a San Francisco Democrat, personally intervened in their case, aided by Sen. Dianne Feinstein, D-Calif., and state Sen. Mark Leno, an openly gay Democrat who represents parts of San Francisco.
Pelosi broke the news to the couple herself Wednesday. She issued a statement calling the stay "a personal victory for Bradford and Anthony and keeps this loving couple together."
Pelosi also credited the Obama administration's new immigration guidelines, issued last year, that ordered government agents to prioritize deportation cases. Makk met multiple conditions of the new guidelines, including family ties, status as a primary caregiver, lack of criminal record and his long period of legal residence without any immigration violations.
The letter from the immigration agency said Makk is also eligible to apply for work authorization. The deferral is also renewable, so that Makk could request that it be extended when it expires in two years.
"Although this is not a permanent fix, it is a very significant fix for them, and ensures that at least for the near term, they do not have to worry about separation," said Steve Ralls, a spokesman for Immigration Equality, the advocacy group that championed their case. "Anthony will be able to remain with Bradford and care for him."
Visa requirements
After meeting Wells in Australia nearly two decades ago, Makk gave up his career there, started a business in San Francisco and invested in rental property to meet visa requirements that allowed him to remain with Wells. The couple were legally married in Massachusetts on July 22, 2004.
But last year, Makk's final visa expired. The Department of Homeland Security denied his application for permanent residence, citing the Defense of Marriage Act. That left the couple little recourse but to move to Australia, an option they said would be a last resort given Wells' medical condition and uncertainties about their prospects in Australia. Makk was insistent that he not remain in the United States illegally.
"I am grateful to have Nancy Pelosi as my member of Congress," Wells said. "She selflessly put herself in to help every way she could and she succeeded. Sen. Dianne Feinstein and Mark Leno also stepped up to the plate to do whatever they could to support us."
A November study by the Williams Institute, a pro-gay think tank based at UCLA, estimated that there are 28,500 same-sex couples living in the United States in which one member is a citizen of another country. More than 7,100 of those couples live in California, more than any other state. Not all are married.
Same-sex marriage
Six states and the District of Columbia permit same-sex marriage, and several thousand couples were married in California in 2008 before voters passed Proposition 8, which banned same-sex marriage in the state.
Given the growing number of same-sex couples legally married under state laws, conflicts with the Defense of Marriage Act are increasing. In addition to prohibiting binational couples from pursuing permanent resident status as accorded to heterosexual couples, the law affects taxes, Social Security and other issues legally linked to marriage.
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appreciate where/ when it comes from
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East Wrote:Nancy Pelosi is a great friend to the GLBT community......make no mistake about it.
Much as I applaud her intervention in this particular case, I have one question. What did she do towards repealing DOMA when the Democrats had control of both houses of Congress and she was Speaker?
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Fred
Life is what happens while you are busy making other plans.
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fredv3b Wrote:Much as I applaud her intervention in this particular case, I have one question. What did she do towards repealing DOMA when the Democrats had control of both houses of Congress and she was Speaker?
The way things unfolded the first order of business was the Hate Crimes Legislation and the failed attempt at the Employment Non Discrimination Act but truly the first part of Obama and Pelosi's reign was to enact Health Care which was a top priority and required all of their collective efforts and bargaining as it was at the core of their campaigns It was a disappointment as the plan sucked...I don't think she ever abandoned the GLBT community but she has alot of other things she needed to do and getting bi partisan support for a comprehensive health care bill and passing what she knew she could pass at the time took precedent. I respect that. Depending on how you look at it you can argue that she didn't do enough but I think she used caution and did what she could do at the time and continues to do so.
She has a 100% rating from HRC and is regarded as a staunch defender of pro gay legislation.
Check out ON THE ISSUES which lists every politician and where the stand on the issues...I love this website...
http://www.ontheissues.org/ca/Nancy_Pelo...Rights.htm
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I take that as a nothing then.
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Fred
Life is what happens while you are busy making other plans.
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