Home > Recommendations for Administrative Relief

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In June of 2012, the lesbian, gay, bisexual, and transgender (“LGBT”) community celebrated the Obama Administration’s announcement of Deferred Action for Childhood Arrivals (“DACA”). For thousands of LGBT youth, this opportunity was life-changing and life-saving. Today, at least 77 countries have laws making it a crime to be LGBT, and some countries still carry the death penalty for our people. For this reason, an expanded, robust, and inclusive deferred action program is absolutely vital to the estimated 267,000 undocumented LGBT immigrants living in the United States.

There are administrative opportunities currently available to the President which should be implemented to ensure safety and justice for the LGBT immigrant community. Some are areas in which policy must be clarified or procedures changed; others require better implementation and training for adjudicators. While many systemic changes need to be made to revive and reconstruct the broken immigration system, the following are specific and achievable changes we have identified as critically important to the LGBT community:

  1. DACA should be expanded to include LGBT people of all ages and their loved ones
  2. The Administration should exercise its discretion to ensure that minor crimes do not preclude a grant of deferred action
  3. Issue “parole in place” and “humanitarian parole” to individuals otherwise eligible for adjustment of status
  4. Do not prosecute individuals for illegal re-entry if they are fleeing persecution and torture
  5. Hire and train more asylum officers and immigration judges
  6. Create a formal review process for DHS trial attorneys to expedite relief for meritorious cases in removal proceedings
  7. Ensure that the protections already existing, as well as those that will be created through the administrative relief package, are consistently and appropriately enforced