On Auguest 18th, the Obama administration has announced, all deportation cases of foreign nationals would be stalled unless the individual is a security threat to the country, or repeat immigration law violaters. This includes bi-national same-sex couples too.
The policy was introduced by Janet Nepolitano, Homeland Security Secretary to the Senate leader Harry Reid. The full letter can be viewed here.
As a result of this new policy, hopefully the danger of deportation that was looming on Anthony John Makk who is of Australian nationality and married to Bradford Wells, might just disappear. The couples predicament was covered by CNN and a detail of the interview can be found here.
A more detailed analysis of the proposed policy has been covered by Gay City News. Here is the link to their blog post.
Same-sex bi-national legally married couples, previously were not recognized by the administration on the basis of Defense of Marriage Act (DOMA). This is going to change as per this new policy, which is a huge relief.
Bradford Wells and Anthony John Makk have been legally married for 7 years. Although the state of Massachusetts acknowledges the marriage, the federal government does not. As a result, in spite of being married and having been together for 19 years, Anthony faces deportation to his native country Australia in a couple of weeks.
Apart from the obvious repercussions that they will have to face if Anthony is deported, there is another very crucial aspect they will have to deal with… and that is Bradford’s advanced AIDS condition. Anthony is the sole caregiver and if he is deported, Brad is going to lose his caregiver and he has no idea how he would go about with his daily life without help.
President Obama has already declared Defense of Marriage Act (DOMA) as unconstitutional and stated, his administration will not defend its constitutionality in court cases. But till DOMA is repealed, it stays in effect and on the basis of the law, none of the same-sex marriages across the country are recognized by the federal government.
So Bradford’s love, affection, commitment to his partner has no value in the eyes of his country’s government just because the partner happens to be a man.