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Napolitano Gives Widowed Spouses a Two-Year Deportation Reprieve

Via Feministing, this doesn’t sound so much to me like “good news” as it does basic decency:

Janet Napolitano, the secretary of homeland security, gave a two-year reprieve on Tuesday to immigrants whose applications for permanent residency have been denied because their American spouses died during the application process.

Under United States law, a foreign spouse of an American citizen is eligible for residency, but the couple is required to be married for at least two years first, in part as a safeguard against fraudulent marriages.

The government has argued that if the American spouse dies before the two-year mark, the foreign spouse becomes a widow or widower, effectively annulling the right to be considered for residency, and thereby opening the door to deportation.

While Ms. Napolitano’s order does not change or abolish the law, as its opponents have sought, it suspends action, including deportation proceedings, in cases involving widows and widowers who reside in the United States and were married for fewer than two years before their spouses died.

I’m really just shocked and appalled that this policy was in place at all.  My husband is actually an immigrant who entered the United States under these rules.  Just yesterday, in fact, he passed his naturalization exam, and he will be taking his oath of citizenship in a little over a month (congratulations, love!).  In fact, I remember on all of the many forms we had to fill out showing evidence of our marriage at various points, there was a statement about producing a death certificate if the sponsoring spouse had died.  The way it was worded, we always assumed it was so that they could allow you to stay in the country under an exception despite the fact that you were no longer married to a U.S. citizen, not so that they could more easily kick you out.

Quite obviously I’m still alive, and under the hypothetical misfortune that I wasn’t, I don’t know whether my husband would have wanted to stay here or not.  But the idea that he wouldn’t have been given a choice and in fact could have been deported under such circumstances absolutely enrages me.  And the fact that so many people actually have been placed in this circumstance and been forced to leave the country, and their life, not to mention in a time of grieving, both repulses me and breaks my heart.

So, good on Napolitano for using her power to put in a suspension.  Hell, we can even go ahead and cross our fingers really, really tight that this might bode well for the countless other immigration injustices we’re currently dealing with.

But the advocates quoted in the above article are right that this is a band aid.  Real change is going to have to happen legislatively.  So I hope that you’ll take a moment to contact Congress. Also, check out Surviving Spouses Against Deportation for more information.


13 thoughts on Napolitano Gives Widowed Spouses a Two-Year Deportation Reprieve

  1. this doesn’t sound so much to me like “good news” as it does basic decency

    Considering what we’ve been used to, basic decency is good news.

    Why does America have such a Draconian process to gain citizenship? Sometimes I can’t avoid the suspicion that certain people want there to be a terrified, easy-to-bully class of “illegal” immigrants.

  2. Considering what we’ve been used to, basic decency is good news.

    Ha. Excellent point.

    And I agree on the other count, as well. The immigration process, to put it bluntly, fucking sucks. And we’re completely lucky ones. We’re white, he’s from an English-speaking country, we were able to scrape together the completely ridiculous fees that they charge to file every piece of paperwork, he was able to get the time off work to go in and give them fingerprints for no good reason 50,000 times . . . and so on. And still, the whole thing has been absolute hell. I can’t even begin to express the relief that next month, it’s going to be over.

    So I can’t even begin to imagine, if it fucking sucked that much for us, how much it sucks for those who aren’t as lucky and don’t have our level of privilege. I do think that there are certain people who want legal immigration to be absolutely impossible. I also think that a good bulk of Americans just plain don’t understand how difficult and ridiculous the whole process is. I know that I didn’t.

  3. Quite obviously I’m still alive, and under the hypothetical misfortune that I wasn’t,

    Totally off-topic, but that was just the most fun sentence to read, ever. Quite eloquently written.

  4. i heard a very sad story on This American Life about a woman from Brazil who married an American man, and before she was granted full residency (if that is the correct term), he was killed. However, in between their marriage, and his death, she had given birth to his son, who was also eligible for deportation. It was heartbreaking.

  5. I wanted to extend my thanks to you for posting this story. I’m an american citizen who moved to the UK after marrying an englishman, and the process is about the same going the other direction. I’ve only been here about six months, so it’s a long time to go and a lot of red tape (and money, good lord, the money) before I’m allowed to stay forever, and – as you pointed out – I’m the un-scary english-speaking immigrant from a country this country is friendly with.

    I really want to point something out:

    Until an immigrant becomes a naturalized citizen, they generally don’t have the right to vote in whatever country they have moved to. That is, even though I’m legally allowed to live in the UK, and legally obligated to pay taxes, I am NOT allowed to vote. In two years, I can apply for my permanent leave to remain (greencard, basically) which will allow me to legally live here FOREVER while paying taxes and STILL will not give me the right to vote.

    I would imagine that there are many, many people in the world in my shoes, who are at the mercy of the local laws and yet are not allowed to contribute to them in any way, even if they have every intention of becoming a citizen the minute they’ve met the requirements.

    THAT is why stories like this are so important to post loudly. Thank you for doing just that.

    (I have forwarded this article to a friend who was affected by the widow’s penalty, and I hope she will have something to say about her own experiences fighting deportation from the states.)

  6. By the way, congratulations to your husband! And to you, as I’m sure it’s a load off everyone’s mind!

  7. It’s great to hear that we’re going to stop kicking out grieving spouses for now, but:

    a) Is the actual policy going to change any time soon? A moratorium is dandy, but what happens when a less reasonable administration (or DHS head) ends up in office?

    b) Same-sex couples are still completely SOL. They have to choose between their country and their relationship. Until we, too, can get married, please support the Uniting American Families Act!!

  8. Great article but completely ignores the plight of same sex couples which is even more horrible, IMO.

  9. @knowdoubt – A little bit confused by your comment. Seems like you’re saying the fact that same-sex couples can’t get married is worse than the difficulty of couples from different countries trying to live together. To me – both are horrible, and we should be fighting for the rights of both “sets” of couples. I’d rather we didn’t rank oppressions.

  10. Jason@Kansas and knowdoubt — the plight of same sex couples trying to go through the immigration process was of course one of the other “countless immigration injustices” I referenced above. But you’re right, I should try to do a post on the Uniting American Families Act in the near future.

    Laura, I believe that knowdoubt was referring to couples from different countries trying to live together — those couples that are same-sex. Because they cannot legally marry, or have their marriages recognized at the federal level, they can’t use their relationship to apply for visas and residency in the same way that me and my husband did. It’s a major, major problem.

  11. Cara – I’m aware of the problems surrounding same-sex couples from different countries, and you are right that it is a major problem. I just didn’t realize that’s what knowdoubt was referring to. Thanks for the clarification.

  12. I am going through this process with my immigrant husband and today is our one year anniversary. Here’s hopin’ that I make it through at least one more year! I’l make sure to look both ways when crossing the street from now on.

  13. Yes, from what I have been able to garner, the timeframes, administrivia and fees are completely arbitrary

    (and I *am* convinced that there is a portion of Those In Power who do want the permanent underclass that can be exploited without repercussions)

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