Senate Delivers Death to the Widow Penalty

Published October 20, 2009 @ 10:06PM PT

Grave

The House voted 307 to 114 last week to pass the Department of Homeland Security Appropriations Conference Report (HR 2892), which included an amendment to abolish the widow penalty. Yesterday, the Senate voted 79 to 19 to pass the bill and President Obama is expected to sign it into law, thereby ending a long-standing United States immigration policy known as the 'widow penalty.'

Adoption of this measure means that the death of a U.S. citizen spouse will no longer result in automatic deportation of widows and widowers and their children. The new law removes the two-year marriage requirement, permitting widows and widowers of U.S. citizens to apply for a green card for themselves and on behalf of their foreign-born children. It is also retroactive so everyone qualifying for relief can file a petition for permanent residency up to two years after passage of the measure.

Brent Renison, an attorney who has been fighting widow cases for over five years, along with Surviving Spouses Against Deportation, is largely responsible for bringing national attention to the issue through the use of both litigation and media coverage. His work should serve as a model for other attorneys fighting similarly ridiculous immigration battles. 'Following the law' and litigation alone, cannot bring about much-needed changes in our broken immigration system.

(Picture: Creative Commons Attribute)

H/T: Dave Bennion

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