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President Obama’s speech on Tuesday calling for a bipartisan approach to immigration reform lacked explicit mention of the plight of bi-national gay couples, but LGBT rights supporters are hoping his inclusion of family unification was a hint of his support.
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In his address at the Chamizal National Memorial Park in El Paso, Texas, Obama emphasized passage of comprehensive immigration reform in Congress would have benefits for both the economic prosperity and border security of the country while making no explicit mention of the plight that many gay families face under current immigration laws.
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But never during the speech did Obama directly address how under current immigration law gay Americans are unable to sponsor their foreign partners for residency in the United States. Foreign nationals in same-sex relationships with Americans could be subject to deportation and separation from their loved ones upon expiration of their temporary visas that allow them to remain in the country.
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Even U.S. citizens in legally recognized same-sex marriages with foreign nationals cannot obtain marriage-based I-130 green cards for their spouses because of the Defense of Marriage Act, which prohibits federal recognition of the unions.
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At one point in his address, Obama said immigration law should “respect families following the rules — reuniting them more quickly instead of splitting them apart.” The remark seemed directed toward immigrants who are permanent residents in the United States seeking to have their loved ones join them, and not aimed at problems faced by gay Americans and their foreign partners.
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“While applicants wait for approval, for example, they’re often forbidden from visiting the United States,” Obama said. “Even husbands and wives may have to spend years apart. Parents can’t see their children. I don’t believe the United States of America should be in the business of separating families. That’s not right. That’s not who we are.”
Lavi Soloway, co-founder of Stop the Deportations, also said he applauds the commitment to reform that President Obama expressed during his speech and for emphasizing that family unification is the bedrock of immigration law. However, Soloway said Obama needs to take administrative action by exercising his prosecutorial authority to ensure that foreign nationals in legally recognized same-sex marriages with U.S. citizens can stay in the country without fear of deportation.
*“To keep our country safe, we must focus our law enforcement resources on deporting those who have committed crimes and endanger our security,” Soloway said. . . . . “This administration can act now to ensure that no LGBT families are torn apart by instituting a moratorium on deportations of all spouses of lesbian and gay Americans until all married couples are treated equally under our immigration laws,” Soloway said.
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