MENENDEZ, NELSON, GILLIBRAND PROVISIONS FOR IMMIGRANT WIDOWS AND ORPHANS SET FOR SENATE PASSAGE

WASHINGTON – Today, legislation to protect widows and orphans of deceased U.S. citizens and legal permanent residents who are in the family immigration system gained inclusion in the Department of Homeland Security appropriations bill, which is expected to gain final passage in the U.S. Senate tonight. The provisions, which were championed by Senators Robert Menendez (D-NJ), Bill Nelson and Kirsten Gillibrand (D-NY) address the immigration-related hardships caused by the death of a sponsoring relative by allowing orphans, widows and widowers to continue in the family immigration system. Menendez and Gillibrand are the sponsors of the Orphans, Widows and Widowers Protection Act and Nelson has championed the issue of widow and orphan immigrants for a number of years.

Senator Menendez said: “The law-abiding loved ones covered under this provision call the United States home and have done everything right. They should not be kicked out of line solely because of the death of a parent or spouse. This legislation is vital to give these widows, widowers and orphans continued access to our legal family immigration system. Today’s action is one important step toward solving the crisis in our legal family immigration system and toward reinforcing family unity as the core of our immigration system. I look forward to fixing our broken immigration system through comprehensive immigration reform legislation later this year.”

Gillibrand said: “This legislation marks another important step towards  comprehensive immigration reform.  After experiencing the loss of a loved one, law-abiding people seeking legal citizenship in this country should not experience further punishment by losing their opportunity to become legal citizens of this country.  This important legislation will protect some of the families being torn apart by our immigration system.  This is a critical part of our efforts to reform America's family-based immigration system to reunite loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history."

The orphans, widows and widowers provisions were including in an amendment to the DHS bill sponsored by Senator Orrin Hatch (R-UT) and co-sponsored by Senators Menendez, Nelson, Kent Conrad (D-ND), Gillibrand, Harry Reid (D-NV), Edward Kennedy (D-MA) and Charles Schumer (D-NY). The Hatch amendment also included immigration provisions for religious workers and aid workers.

There are more than 200 surviving spouses of U.S. citizens fighting against immigration deportation and countless other legal immigrants, refugees and asylum seekers who have been deported or risk deportation because of the death of a loved one. This legislation offers a lasting solution for these legal immigrants impacted by the death of a loved one.

Currently, if a sponsoring relative dies, the U.S. Citizenship and Immigration Service will generally deny the petition after the sponsoring relative’s death. This bill clarifies that the government should continue to process the immigration applications of immigrants who are already waiting to receive an immigrant or other visa under certain conditions.

On Tuesday, June 9, 2009, the Department of Homeland Security announced that it was granting temporary relief from deportation to the spouses and minor children of U.S. citizens. This bill extends permanent relief to orphans, widows and widowers of legal immigrants including the relatives of U.S. citizens, permanent residents and refugees subject to Department of Homeland Security discretion in certain cases.

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