Will The Obama Administration's New Stance On Deportations Save This Couple?

Brian Andersen and his Indonesian husband Anton Tanumihardja may have the singular distinction of being the first couple to test the Obama administration's "kinder, gentler" stance on deporting non-criminal immigrants.

A legally married couple that now lives in Philadelphia, Anton and Brian are anxiously awaiting word from the ICE that could spell disaster or salvation for their marriage.  Anton does not have the proper documentation to stay in the United States, and under previous direction for Immigration was a candidate for deportation.  In fact, last February, he was three hours away from boarding a plane to Jakarta when an emergency appeal from politicians and advocacy groups stayed the decision to deport him.

Now the clock is ticking once more, as unless his case is dismissed, he will be due for deportation on October 7th.

From Stop the Deportations:

Unlike the two history-making cases (Henry & Josh, Doug & Alex) in which Stop The Deportations has won “administrative closure” this year, Anton’s case is significantly further along in the legal process. Anton has exhausted all his appeals and recently received a final denial of his last appeal. Because Anton has a “final order of removal” ICE has the power to put him on a plane and deport him at any time. 

Will ICE Deportations and Removals Officers apply the prosecutorial discretion guidelines to protect this married gay couple from being torn apart? As part of the Stop The Deportations campaign, Brian and Anton will use every day that remains to ensure that Anton is granted "deferred action" and to ensure that the Obama administration's commitment to same-sex binational couples facing deportation has tangible results.

Indonesia is a fairly conservative country with no protections for LGBT citizens.  It is very likely that were he to be deported, he wouldn't just face the heartbreak of separation from his husband, but also discrimination in his daily life.

Anton is not a criminal, and this makes him a prime example of the sort of individual who should be kept in his adopted country.  I pray that his family stays together.

Lesbian Binational Couple Gets A Break

In a step that could mean reprieve for hundreds of binational same-sex couples across the nation, a judge has halted the deportation process for Sujey Pando, a Mexican national who was brought to the US at the age of 16 and then disowned by her family because she is a lesbian.  She is married to her longtime partner Violeta, having taken advantage of marriage equality in the state of Iowa.

She was due to be deported back to Mexico, an issue her siblings avoided because her parents obtained citizenship for them.  Due to her sexuality, the same steps were not taken to keep Sujey in the US.

The judge was acting on a directive published by the Obama administration last week in an attempt to prioritize deportations to keep non-threatening nationals from being kicked out of their adopted country.  Immigration has pledged to review the 300,000 deportation cases currently pending to ensure that the individuals being deported are a threat to the security and well-being of Americans.

In a letter sent to Senate Majority Leader Harry Reid (D-NV) today, DHS Secretary Janet Napolitano explains that the case-by-case approach was first detailed in March 2010 and recently reiterated in a memorandum from June, 2011. She argues that the process will enhance public safety and allow immigration judges “to more swiftly adjudicate high priority cases, such as those involving convicted felons.” “This process will also allow additional federal enforcement resources to be focused on border security and the removal of public safety threats,” she argues. 

The new process is a result of a long-standing administration policy to ensure that the nation is “not clogging the system with folks who are not maximum priorities,” a senior administration official explained. Lower-priority deportation cases “are being set aside so we can focus more on our more serious cases of convicted criminals and other high priority categories.”

Pando's attorney, Levi Soloway, explains from his blog Stop the Deportations:

"Today Denver Immigration Judge Mimi Tsankov halted the deportation of Sujey Pando and scheduled a new hearing to consider an application based on her marriage to her U.S. citizen wife, Violeta Pando. Because today's hearing was intended to be a final decision day on Sujey's deportation, the judge's action was unusual; she spent 45 minutes methodically considering the procedural posture of the case. In the end, the Judge set aside the intended purpose of the hearing, citing developments including the Attorney General's intervention in a similar case in May (Matter of Dorman) and noted that the issues involved in this case existed in a context that was "fluid" and "in a state of flux." The Judge referred to events that occurred as recent as yesterday as having an impact on how to proceed. Yesterday, the DHS Secretary Napolitano ordered a review of all pending deportation cases for possible closure, including those involving LGBT families."

 So basically, the administration has set a precedent that confuses the issue enough that it is no longer crystal-clear that these undocumented immigrants require deportation.  Whatever the reason, Sujey and Violeta have much to celebrate.  Congratulations to them.

A Kennewick, WA Candidate Wants To Shoot Immigrants At The Border

It's rare that you'll find a political candidate willing to proclaim straight-up murder as part of his platform, but one man running for city council in Kennewick, WA is advocating shooting undocumented immigrants at the border in order to solve the so-called "illegal immigration" problem.

Ladies and gentlemen, Loren Nichols!

If they value their lives, they would leave… 

I’m a hawk on this, but that’s how much I value America. I know that is a very drastic stand, but let me put it this way: I expect illegal invasion of our country by foreign entities to be met with deadly force. That’s how I expect to see my country protected.

He continues, courtesy of immigration reform website America's Voice:

Nichols says “This is an issue that doesn’t deal with race so I hope it’s not interpreted that way. It has to do with violation of our country.” He has also claimed to “not promoting killing anyone,” yet when a reporter from the local CBS affiliate asked him if he was in favor of immigrants receiving the death penalty simply for being discovered as undocumented, Nichols replied, “Correct.”

Far from retracting these comments, he has instead reiterated this "kill the illegals" position time and time again.  However, when asked about how to implement his plan?  "I hadn’t really thought about it yet."

Kennewick is a smallish town in rural Washington, factors that normally add up to conservative politics reigning supreme.  However, I hope these Washingtonians reject his racist invective.  Immigrants are people, yet are treated too often treated like dogs.  Can we please not shoot them like dogs?

Thanks to reader Tom T. for the tip.