Good News and Bad News for Immigration Reform

August 5, 2013 - Good news and bad news impacted immigration law last week as the nation still awaited action from the House of Representatives over comprehensive immigration reform. Let's start with the good news. Secretary of State John Kerry, while on a visit to London, England, announced that the US visa system will now treat same-sex couples the same as heterosexual couples. This would be a major development in US immigration law, which for as long as the laws have been on the books, has denied immigration benefits to gays and lesbians. Secretary Kerry said that the State Department was "tearing down an unjust and unfair barrier that for too long stood in the way of same-sex families being able to travel as a family to the United States." He went on to add that "[i]f you are the spouse of a US Citizen, your visa application will be treated equally." Just last month Secretary of Homeland Security Janet Napolitano announced that the Department of Homeland Security (which is also involved in the immigration process) would also treat same-sex couples as heterosexual ones. Kerry's announcement follows the landmark Supreme Court decision which overturned the federal Defense of Marriage Act (DOMA), effectively recognizing same-sex couples for the first time on a federal level.

Same-sex visas have been a lightning rod in the comprehensive immigration reform debate, which is the "bad news" referenced above. For seemingly months I've been reporting that comprehensive immigration reform would face a challenge in the Republican-led House of Representatives and it most certainly has. On Sunday's edition of CBS' "Face the Nation", Congressman Paul Ryan (R-WI) stated that inaction from the House of Representatives didn't necessarily mean the House did not support the Senate's immigration reform bill, just that the House would take the comprehensive immigration reform issue step-by-step. And as has been noted on this blog before, that approach is certain to encounter fierce opposition from House and Senate Democrats who want a comprehensive approach to immigration reform, as well as a path of citizenship.

With no end in sight to stalled developments in immigration reform, as well as 5 weeks of Congress' summer recess, we won't have an answer to the nation's immigration reform efforts until well into September now. And as many an undocumented immigrant knows, the Department of Homeland Security, through it's Immigration and Customs Enforcement division, is still deporting undocumented immigrants regardless of their criminal background. If you or a loved one are in removal proceedings, an Orange County Immigration Lawyer can be the only protection you have from being forcibly removed from your family and employment. Call 949-440-3240 or visit www.kpimmigrationlaw.com if you would like to speak to a licensed immigration attorney.