Prosecutorial Discretion Exercised on behalf of Gay Partner

From the San Francisco Chronicle:

Bradford Wells and Anthony John Makk have been together for 19 years. They’re married and live in the Castro, but have been living under the threat of separation because Wells is a U.S. citizen and Makk a citizen of Australia.

That threat ended Wednesday, when they won a two-year stay of Makk’s deportation.

“We’re still dizzy from the news,” said Makk, 49. “We are elated.”

Because the 1996 Defense of Marriage Act bars all federal marital rights and responsibilities to same-sex couples, Makk was denied consideration for a green card based on his marriage to Wells, who suffers from severe AIDS-related illnesses. Makk is his primary caregiver.

“I’m relieved, really excited and relieved,” said Wells, 56. “I am so grateful I don’t have to worry about Anthony being taken out of the country.”

The couple’s plight, first covered by The Chronicle in June, triggered international media attention.

On Wednesday, the Department of U.S. Citizenship and Immigration Services issued a letter to Makk saying he has been granted “deferred action” on his case for two years. The agency said the stay is “an exercise of prosecutorial discretion” that allows the agency not to pursue deportation for a specific period. Read more…

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