On Nov. 20, President Obama announced that he would seek executive action to protect some undocumented immigrants, in light of the House of Representatives' inaction regarding comprehensive immigration reform.
The president had previously warned that if the House did not pass immigration reform, he would ask the Department of Justice and the Department of Homeland Security to look into administrative actions he could take without Congress. Obama delayed his plans until after the midterm elections, angering many Latino leaders, with some warning that this would yield a lower turnout rate of Latinos on Election Day. Finally this past week, Obama delivered on his promise.
For some, this was truly a victory. The immigrant community and its allies placed enough pressure, and the administration finally responded. For many, however, this was a bittersweet moment: While a significant number of undocumented immigrants will benefit from the program, the majority will actually continue to be at risk for deportations. The campaign to stop deportations was led by many young immigrant activists, even though several leaders of the immigrant-rights movement kept insisted it was a failed strategy. However, we've always known that when our families are being torn apart, we will fight no matter what to protect them. Thus, we received some good news by the Obama administration, but we know that much work lies ahead.
The president's plan includes some form of deferred action for undocumented immigrants who have been in the country for more than five years, or are a parent of a U.S citizen or a lawful permanent resident ( LRP ) child. For those who qualify, they will be safe from deportations and receive a work permit for up to three years—after paying a fine. In addition, the executive action also expands the current Deferred Action for Childhood Arrivals ( DACA ) program by removing an age limit—meaning, anyone who was brought to the country before the age of 15, regardless of their current age, can apply for DACA. Previously, only individuals under the age of 30 could apply. In total, an estimated 4-5 million undocumented immigrants will now be able to live their lives without having to fear that they would be separated from their families.
For LGBTQ undocumented immigrants, the issue continues to be a complicated one. According to the Williams Institute, there are approximately 267,000 LGBTQ undocumented adult immigrants. Since the Supreme Court struck down section 3 of the Defense of Marriage Act ( DOMA ) last June, undocumented immigrants in same-sex relationships with a U.S-citizen, can petition to begin their process for residency. There are approximately 24,700 binational same-sex couples ( meaning one partner is a U.S citizen, the other is not ), and there are 11,700 same-sex couples where both members are undocumented.
The latter sets of couples, therefore, cannot petition to gain lawful status. But they could possibly qualify under Obama's new plan. Approximately 22,500 undocumented immigrants in a same-sex relationship are raising children. In the majority of those couples, about 58 percent, both partners are undocumented. While there are some options for LGBTQ immigrants in relationships and those raising children, they only account for less than half of the entire LGBTQ immigrant population. This means that a majority of LGBTQ undocumented immigrants are still at risk, and quite possibly could be even bigger targets.
In order for Obama to get support from moderates, he had to ensure the U.S. public that safety continued to be his priority. Therefore, he will continue to deport those that his administration considers a threat and criminals. Although the president has shown to be a strong ally to the LGBTQ community, there might be some unintended consequences in his enforcement policies. Our community continues to be criminalized simply for engaging in survival work, and we continue to be targets through HIV criminalization laws. By being victims of systemic oppression, LGBTQ immigrants could ultimately get caught in deportation proceedings. ALMA has joined many other LGBTQ organizations and have called to put an end to the deportations of LGBTQ immigrants. For many, this could mean being sent back to the closet, and for some it could be a death sentence.
While we celebrate with our community partners in this victory, we remain cautious about how this will affect the LGBTQ community. As a founding member of the LGBTQ Immigrant Rights Coalition, ALMA has and will continue to work with our community partners here in Illinois and across the country to educate about the intersections, we will continue to work with our elected officials to ensure they are aware how immigration policy affects LGBTQ individuals, and we will continue to push to stop all deportations and to win a compassionate and comprehensive immigration reform, no matter how long it takes.
The Advocacy Committee at ALMA
Association of Latino/as Motivating Action
