Janet Napolitano's cowardly stance on the Widow Penalty

Greetings, DU!

Some of you have read my previous posts about the Widow Penalty and how it directly affects a good friend of mine living in L.A.

http://journals.democraticunderground.com/snake%20in%20the%20grass/3

http://journals.democraticunderground.com/snake%20in%20the%20grass/75

Here is a quick audio/visual aid for those who don't feel like reading the whole story:

http://www.youtube.com/watch?v=Zh0BdmlN8qs&feature=channel_page

The Widow Penalty makes it possible for the DHS to deport surviving spouses, who are foreign nationals, if their spouse dies before the paperwork for permanent residence (Green Card) is completed. The 9th Circuit decided in favour of the surviving spouses on May 1, 2009 and stated that those residing in the 9th district "are entitled to 'immediate relative' classification based on their status as surviving spouses of deceased United States citizens." We were very relieved and thought the ordeal was finally over.

We were wrong. Secretary Napolitano has decided to not grant permanent residence status to these individuals, preferring that legislation is passed first. At least the practice of deportation will cease, but the uncertainty remains. And the fear.

http://www.dhs.gov/ynews/releases/pr_1244578412501.shtm

My fellow DUers, I'm writing again to ask you to contact your senators and congressperson and urge them to pass S. 815 or H.R. 1870 respectively.

Here are the links:

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:S00815:@@@P

http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01870:@@@P

Please take 5 minutes of your time and let your voice be heard.

Thank you,

Snake

It's derogatory and subjective, and the use of the term doesn't really make me feel more strongly about the issue.

Isn't passing legislation the right way to go about this? Can't she extend the deferment if she needs to? :shrug:

I do, however, appreciate the links. :thumbsup:

"While Secretary Napolitano’s directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, legislation is required to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status."

http://www.dhs.gov/ynews/releases/pr_1244578412501.shtm

:patriot:

...but I was very angry. Legislation is just one route that can be taken. The court decided these people should be allowed to stay. It wouldn't hurt anyone to comply with the decision. My friend has no say in the probate and is under constant threat from a family that doesn't care about her. We were all hoping she would finally get a leg to stand on with the 9th's decision. Now things are again unclear.

I'm simply exhausted.

Edit:

Just tried to change the wording but the time was up. Might I suggest you ignore my wording? It's not about me, nor is it about Sec. Napolitano. It's about grieving people, whose lives have been torn apart and are getting kicked in the teeth. Thanks.

:hug:

Best wishes to your friend.

We're going out to dinner soon with her mother, who is visiting from Germany. I'll tell her about your support. It always cheers her up.