American Man and his gay Partner are a “couple”.
Partner is currently undocumented and his presence in the US is illegal.
Do Man and his Partner have anything to fear?
Technically, under the letter of the law, yes.
But under new enforcement policy guidelines just issued by the executive branch, practically speaking, perhaps not.
The current administration’s policy is not to deport undocumented immigrants who “pose no security risk”.
The new guidelines affirmatively approve treatment of long-term gay partners of American citizens as part of the group that policy is aimed at.
Ultimately, the new policy relegates deportation decisions to prosecutorial discretion … but authorizes consideration of contributions to the community and family relationships with Americans, including gay relationships.
Government spokespersons maintain that the new guidelines merely formalize established policy.
While the new guidelines may curtail deportations, they do not, however, confer visas or green cards – or improve gay partners of American citizens’ standing to obtain visas or green cards.
Still, they may provide peace of mind.
Even in failed heterosexual relationships involving an undocumented immigrant, threats of deportation or withdrawal of sponsorship typically surface quickly following a breakup.