Brian & Anton will spend the next 38 days waiting for a phone call from ICE that may never come.
For the second time this year, Anton Tanumihardja, an Indonesian citizen, and his American husband, Brian Andersen, face the terrifying prospect of a deportation that will destroy their marriage. After losing a nine-year legal battle for asylum, Anton was given a “final order of removal” that may be executed on October 7.
Although this administration recently announced a “kinder, gentler” deportation policy with “prosecutorial discretion” guidelines that include same-sex binational couples, Brian & Anton will still wait anxiously for another month to learn whether this policy will be properly applied in Anton’s case.
Brian and Anton's case will be the first real test of the administration's commitment to stop deportations involving same-sex binational couples since the August 18 announcement by DHS Secretary Janet Napolitano, promising to set-aside low-priority deportation cases. It will also give us a first opportunity to confirm whether individual ICE Deportation Officers implement the LGBT-inclusive prosecutorial discretion guidelines for an individual with a final order of removal.
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