National

DHS to spell out LGBT protections in guidance to immigration officials

Napolitano will clarify same-sex couples eligible for prosecutorial discretion

Published

14 years ago

September 28, 2012

Secretary of Homeland Security Janet Napolitano announced DHS will include same-sex couples in written guidance to immigration officers (Washington Blade file photo by Michael Key)

The Department of Homeland Security intends to spell out in written guidance that immigration officers should consider “long-term, same-sex partners” as families when considering whether to exercise prosecutorial discretion in the potential deportation of an undocumented immigrant.

In a letter dated Sept. 27, 2012 to Congress, Secretary of Homeland Security Janet Napolitano affirms U.S. Immigration and Customs Enforcement intends to disseminate this guidance to personnel in the field.

“In an effort to make clear the definition of the phrase ‘family relationships,’ I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase ‘family relationships’ includes long-term, same-sex partners,” Napolitano writes.

Napolitano adds the applicability of family relationships should be “weighed on a individual basis” for each immigrant in a potential deportation case.

The new guidance follows up on a 2011 memorandum informing ICE personnel they should consider consider the totality of circumstances for an undocumented immigrant when making enforcement decisions in immigration law. Circumstances that were under consideration — in addition to “ties and contributions to the community” — included an undocumented immigrant’s age, military service and cooperation with authorities.

Advocates had been calling for on DHS to broaden the memo to include explicit protections for bi-national same-sex couples. Later, when DHS announced last year it would go through the deportation pipeline and take out low priority individuals on a case-by-case basis, it had informed the media that “LGBT families” would be among the factors considered, an assertion that was made on the record for the first time last month.

Still, advocates continued to seek more explicit protections. The upcoming guidance will mark the first time DHS has explicitly spelled out this policy in guidance to immigration officers.

Rachel Tiven, executive director of Immigration Equality, called the DHS announcement “a huge step forward” in the organization’s effort to ensure bi-national same-sex couples can stay together within the United States.

“Until now, LGBT families and their lawyers had nothing to rely on but an oral promise that prosecutorial discretion would include all families,” Tiven said. “Today, DHS has responded to Congress and made that promise real. The administration’s written guidance will help families facing separation and the field officers who are reviewing their cases.”

Peter Boogaard, a DHS spokesperson, confirmed plans for new guidance in an email to the Washington Blade, but said officers were already operating under the policy that will be spelled out in the document.

“This written guidance will simply reiterate existing policy regarding how DHS considers the totality of circumstances presented in individual cases when exercising prosecutorial discretion in enforcement matters,” Boogaard said. “Long-term, same-sex partners have been included as ‘family relationships’ under ICE Director Morton’s June 2011 prosecutorial discretion memorandum.”

Steve Ralls, a spokesperson for Immigration Equality, said DHS informed his organization that the written guidance should be issued within the next week.

Napolitano’s letter responds to an August 3 letter signed by 84 House Democrats — led by House Minority Leader Nancy Pelosi (D-Calif.), Rep. Jerrold Nadler (D-N.Y.) and Rep. Mike Honda (D-Calif.) — urging DHS to spell out this policy to immigration officers.

In a statement, Nadler said he’s “thrilled” the Obama administration is taking action to ensure bi-national same-sex couples are included in guidelines for prosecutorial discretion.

“I am thrilled that the Obama Administration has taken to heart my concern about the need to explicitly protect LGBT immigrant families from being torn apart by needless and unwarranted immigration enforcement actions,” Nadler said. “I thank Secretary Napolitano for listening and supporting a policy that protects all American families, both straight and LGBT. With the written guidelines that I requested and which will be issued by ICE, federal immigration officials will finally have the clear direction they need to make responsible and compassionate decisions on family ties in immigration cases.”

Honda called the announcement from Napolitano “promising news” that came about as a result of collaboration between LGBT activists and lawmakers.

“After many conversations with President Obama’s administration, a strong push by the LGBT community, and with the help of my colleagues, Secretary Napolitano has announced that she will disseminate written guidance to immigration authorities that confirms the interpretation of the phrase ‘family relationships’ to include LGBT relationships — specifically the relationships of immigrants in same-sex marriages and partnerships with U.S. citizens,” Honda said.

But Honda added advocates should continue pressing for immigration reform because “current immigration laws are tearing families apart and separating American citizens from their loves ones.” In the case of same-sex couples, gay Americans are still unable to sponsor their foreign same-sex partners for residency in the United States — regardless of whether these couples are married or otherwise.

Honda said the current situation with immigration is why he introduced the Reuniting Families Act, which he said “ensures that they are treated equitably through an immigration reform that is both comprehensive and inclusive.” It has a provision that would protect bi-national same-sex couples as one of its six prongs for immigrant families.

“The United States is a nation built upon the toil of immigrants hoping to build better lives for themselves and their families,” Honda concluded. “Our country deserves an immigration system that honors that legacy and keeps all families intact.”

Up Next

Fast Five Fix: October 1

Don't Miss

GOP att’y strongly defends DOMA in N.Y. widow’s lawsuit

FUND LGBTQ JOURNALISM

Arizona

Shooting outside gay bar in Ariz. leaves three dead

Tucson police investigating double murder-suicide as a hate crime

Published

8 hours ago

September 1, 2026

Joe Reberkenny

The shooting happened outside Venture-N bar in Tucson, Ariz. (Washington Blade photo by Michael K. Lavers)

Three people were fatally shot outside a gay bar in Tucson, Ariz., early Monday morning, about a mile from the city’s nightlife district.

Police have said the shooting, which took place in the parking lot of Venture-N bar at 1239 N. 6th Ave., was likely a hate crime and a double murder-suicide following a verbal altercation.

The suspect, Ousman Ceesay, allegedly shot Vincent Anthony Siqueiros and Cameron Davis Capara while they were outside the club around 12:30 a.m. Monday.

Reports show Capara and Siqueiros were pronounced dead at the scene. Ceesay died after being taken to a local hospital with gunshot wounds.

Police have also said that Ceesay was carrying a list of LGBTQ businesses at the time of the shooting.

Arizona Public Media has said police are investigating the case as a hate crime because the suspect was carrying a note containing the names of multiple LGBTQ-associated businesses.

“I am deeply saddened that another senseless loss of life has happened in our community,” Tucson Police Chief Monica Prieto said in a statement. “Bias-based crimes are especially heinous and have no place in our community.”

According to Prieto, there is no imminent threat to the community, and the Tucson Police Department is working to provide extra protection to various LGBTQ businesses across town.

Congresswoman Adelita Grijalva, who represents the area, issued a statement condemning the act of violence, which appears to have been at least in part motivated by homophobia.

“I am disgusted and deeply saddened to learn of a targeted act of hate and the cold-blooded murder of two members of our LGBTQIA+ community, Vincent Siqueiros and Cameron Capara, at the Venture-N bar in Tucson last night. This horrific attack is a painful reminder that even in welcoming communities like Tucson, hate and violence against the LGBTQIA+ community still exist.”

“When that hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country. It does not have to be this way. The House of Representatives is returning to session this week, and our first action should be passing common-sense gun safety reforms that we know can save lives.”

Other federal lawmakers also condemned the shooting.

The Congressional Equality Caucus, which is made up of federal legislators advancing LGBTQ interests, issued a statement after news broke.

“Our hearts are with the friends and loved ones of the victims of this devastating attack outside a Tucson gay bar and with the Tucson LGBTQI+ community,” it said on X. “No one should fear violence because of who they are — and we’re going to continue fighting to build a world where no one does.”

The Human Rights Campaign, the largest LGBTQ organization in the country, released a statement following the shooting.

“We are heartbroken by the loss of Vincent Anthony Siqueiros and Cameron Davis Capara and our hearts are with their families, loved ones, and the entire Tucson LGBTQ+ community. Once again, we are reminded that gun violence robs people of their lives, destroys families, and devastates communities.”

A candlelight vigil honoring the victims is planned for Sept. 2 at 6:30 p.m. at Catalina Park in North Tucson.

Congress

HRC president campaigns for Chris Pappas in NH

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

Published

1 day ago

August 31, 2026

Michael K. Lavers

Human Rights Campaign President Kelley Robinson, left, campaigns with U.S. Rep. Chris Pappas (D-N.H.) in Manchester, N.H., on Aug. 30, 2026. (Photo courtesy of the Human Rights Campaign)

Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.

Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.

We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.

Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o

— Chris Pappas (@ChrisPappasNH) August 30, 2026

Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.

Karishma Manzur is among the Democrats challenging Pappas.

A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.

The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

National

Milo Yiannopoulos deported to UK

ICE arrested far-right provocateur in New Orleans on Thursday

Published

4 days ago

August 28, 2026

Michael K. Lavers

Milo Yiannopoulos (Photo via Homeland Security @DHSgov/X account)

Editor’s note: The Department of Homeland Security on Saturday said Milo Yiannopoulos has been deported to the U.K.

U.S. Immigration and Customs Enforcement on Thursday arrested far-right provocateur Milo Yiannopoulos.

A DHS spokesperson in a statement sent to the Washington Blade said ICE arrested Yiannopoulos, who they described as “an illegal alien from the United Kingdom,” at Louis Armstrong New Orleans International Airport.

The DHS spokesperson said Yiannopoulos “legally entered the country” in New York on May 14, 2019.

“He chose to overstay his welcome in violation of our nation’s laws,” said the spokesperson.

The DHS spokesperson said an immigration judge on July 22 “issued a final order of removal” for Yiannopoulos “after failing to show up for his immigration hearing.” The Times-Picayune newspaper in New Orleans on Friday reported Yiannopoulos is being held at an ICE detention center in Alexandria, La., which is about 200 miles northwest of the Crescent City.

“He will remain in ICE custody pending removal,” said the DHS spokesperson.

Yiannopoulos has, among other things, repeatedly targeted transgender people and Muslims.

The American Conservative Union, which organizes the annual Conversative Political Action Conference, in 2017 disinvited Yiannopoulos from speaking at that year’s CPAC after a video in which he appeared to condone sex between adults and underage boys emerged. Yiannopoulos subsequently resigned from Breitbart News, a far-right news website, where he had been a senior editor.

Yiannopoulos later that year married his boyfriend in Hawaii. The far-right provocateur in 2021 claimed he was an “ex-gay.”

The Australian government in 2019 banned Yiannopoulos from entering the country “on character grounds.” Yiannopoulos was also banned from Facebook, Twitter (now X), and other social media platforms.

**Milo Yiannopoulos** speaks at a “Gays for Trump” event during the 2016 Republican National Convention in Cleveland. (Washington Blade file photo by Michael Key)

The Times-Picayune reported Yiannopoulos “most recently worked for” Ye, formerly known as Kanye West.

The controversial rapper is scheduled to perform in New Orleans on Friday.

Laura Loomer, a far-right conspiracy theorist who is close to President Donald Trump, has called for Yiannopoulos’s deportation. Loomer on Friday wrote on X that she “reported him to ICE and the FBI” after he “called for me to be assassinated.”