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Same-sex wedding is a first in immigration detention facility Same-sex wedding is a first in immigration detention facility
(5 months later)
It was, Tom Swann said, “the happiest day of my life”, even if there had to be a compromise over the wedding venue. Swann had hoped to tie the knot at a Palm Springs golf course on Valentine’s Day. He ended up getting married in an immigration detention facility by California’s border with Mexico.It was, Tom Swann said, “the happiest day of my life”, even if there had to be a compromise over the wedding venue. Swann had hoped to tie the knot at a Palm Springs golf course on Valentine’s Day. He ended up getting married in an immigration detention facility by California’s border with Mexico.
On the day of the ceremony, Swann woke at 6am for the two-hour drive from his mobile home in Rancho Mirage to the detention centre in Calexico, 120 miles east of San Diego.On the day of the ceremony, Swann woke at 6am for the two-hour drive from his mobile home in Rancho Mirage to the detention centre in Calexico, 120 miles east of San Diego.
He passed through barbed wire fences and a metal detector, taking off his belt and crucifix, then was led through four locked doors into a 200 sq ft room with plain white walls to see his future husband, Guillermo Hernández, a Mexican citizen who is facing deportation.He passed through barbed wire fences and a metal detector, taking off his belt and crucifix, then was led through four locked doors into a 200 sq ft room with plain white walls to see his future husband, Guillermo Hernández, a Mexican citizen who is facing deportation.
Related: Transgender detainees at high risk of assault in US immigration facilities
Swann wore a blue suit with a red tie and a white shirt. Hernández sported orange prison-issue clothes. The centre’s chaplain was present and the partners held hands during the short ceremony, which was conducted by Hank Kuiper, a 74-year-old insurance agent and former mayor of nearby El Centro. His wife was the witness.Swann wore a blue suit with a red tie and a white shirt. Hernández sported orange prison-issue clothes. The centre’s chaplain was present and the partners held hands during the short ceremony, which was conducted by Hank Kuiper, a 74-year-old insurance agent and former mayor of nearby El Centro. His wife was the witness.
“We exchanged rings and he kissed me and we were married and he gave me a plastic rosary that he made in the prison that I wore round my neck, because I’m Catholic,” Swann said.“We exchanged rings and he kissed me and we were married and he gave me a plastic rosary that he made in the prison that I wore round my neck, because I’m Catholic,” Swann said.
Immigration and Customs Enforcement (ICE) officials review requests for weddings in their facilities on a case-by-case basis. This one took a little extra time to be approved, Kuiper said, because it was the first same-sex marriage in an ICE immigration detention facility.Immigration and Customs Enforcement (ICE) officials review requests for weddings in their facilities on a case-by-case basis. This one took a little extra time to be approved, Kuiper said, because it was the first same-sex marriage in an ICE immigration detention facility.
Kuiper said it was the first wedding ceremony he had performed in the centre for about three months, though in some months he has done as many as three. “I guess I was part of history,” he said. Though the event took place outside visiting hours, Swann and Hernández were allowed 15 minutes alone afterwards.Kuiper said it was the first wedding ceremony he had performed in the centre for about three months, though in some months he has done as many as three. “I guess I was part of history,” he said. Though the event took place outside visiting hours, Swann and Hernández were allowed 15 minutes alone afterwards.
“It used to be they didn’t let ’em hold hands or nothing, we would just talk through the glass. But this facility has allowed me to bring the participants in this small room, there’s some metal chairs in there and there are different partitions where if somebody was visiting and they had to talk through the glass, they could,” Kuiper said. “It’s not too formal. You’re inside a locked facility, you do the ‘I dos’ and the ring ceremonies and then make a declaration that they’re now married.”“It used to be they didn’t let ’em hold hands or nothing, we would just talk through the glass. But this facility has allowed me to bring the participants in this small room, there’s some metal chairs in there and there are different partitions where if somebody was visiting and they had to talk through the glass, they could,” Kuiper said. “It’s not too formal. You’re inside a locked facility, you do the ‘I dos’ and the ring ceremonies and then make a declaration that they’re now married.”
Before the pair could be joined in matrimony, Kuiper and Swann had to go inside with a notary public, gather signatures and a letter stating Hernández was unable to apply for a marriage licence in person, then take the documents to the courthouse and get a licence.Before the pair could be joined in matrimony, Kuiper and Swann had to go inside with a notary public, gather signatures and a letter stating Hernández was unable to apply for a marriage licence in person, then take the documents to the courthouse and get a licence.
The couple met in May last year through a mutual friend. Swann said he is legally blind and has Aids, PTSD and bipolar disorder and relies on his spouse to look after him. “I’m normally kind of depressed about being blind, it limits what I can do, but Guillermo brings joy to me, brings me happiness, he smiles, he laughs,” he said. Hernández, who hopes to go to college and become an x-ray technician, proposed on 24 December, his 21st birthday.The couple met in May last year through a mutual friend. Swann said he is legally blind and has Aids, PTSD and bipolar disorder and relies on his spouse to look after him. “I’m normally kind of depressed about being blind, it limits what I can do, but Guillermo brings joy to me, brings me happiness, he smiles, he laughs,” he said. Hernández, who hopes to go to college and become an x-ray technician, proposed on 24 December, his 21st birthday.
He was later arrested for trespassing – breaking a ban on entering a casino – and has a previous arrest for a drug-related offence. His criminal history now makes him ineligible for the Deferred Action for Childhood Arrivals programme, which protects some immigrants who came to the United States as children from deportation.He was later arrested for trespassing – breaking a ban on entering a casino – and has a previous arrest for a drug-related offence. His criminal history now makes him ineligible for the Deferred Action for Childhood Arrivals programme, which protects some immigrants who came to the United States as children from deportation.
At a court hearing on 25 January near Palm Springs, a judge agreed to enter him into a drug rehabilitation programme. But as he was leaving the courthouse, plainclothes ICE officials arrested him inside an elevator and began the deportation process.At a court hearing on 25 January near Palm Springs, a judge agreed to enter him into a drug rehabilitation programme. But as he was leaving the courthouse, plainclothes ICE officials arrested him inside an elevator and began the deportation process.
Hernández missed a court hearing last month because he is in the detention facility, prompting the judge to issue an arrest warrant. Swann said despite telling the authorities that Hernández is in federal custody, local police have visited his home four times to search for him, leading to worries that even if he is released from immigration detention he will immediately be picked up on the warrant.Hernández missed a court hearing last month because he is in the detention facility, prompting the judge to issue an arrest warrant. Swann said despite telling the authorities that Hernández is in federal custody, local police have visited his home four times to search for him, leading to worries that even if he is released from immigration detention he will immediately be picked up on the warrant.
For now, he remains in the detention centre in Imperial County: a hearing took place on Wednesday in which Hernández’s attorney, Laura Polstein, asked for another hearing where a judge could set bond.For now, he remains in the detention centre in Imperial County: a hearing took place on Wednesday in which Hernández’s attorney, Laura Polstein, asked for another hearing where a judge could set bond.
“Guillermo, who has been here since he was seven years old, has not had a pathway to citizenship and he should have had one. I’m opposed to building a fence and I think we should fix our immigration laws and give people a path to citizenship,” Swann said. “I just believe we should have compassion for people. They’re coming to this country for a better life.”“Guillermo, who has been here since he was seven years old, has not had a pathway to citizenship and he should have had one. I’m opposed to building a fence and I think we should fix our immigration laws and give people a path to citizenship,” Swann said. “I just believe we should have compassion for people. They’re coming to this country for a better life.”
The couple have seen each other three times since Hernández was detained and talk on the phone several times a day. If Hernández is removed from the US, Swann said he will consider moving to Mexico; or his husband could live in Mexicali, just across the border from Calexico, and Swann would visit regularly.The couple have seen each other three times since Hernández was detained and talk on the phone several times a day. If Hernández is removed from the US, Swann said he will consider moving to Mexico; or his husband could live in Mexicali, just across the border from Calexico, and Swann would visit regularly.
He is optimistic that last week’s marriage will boost the chances of Hernández being allowed to remain in the US. Swann, 58, is a veteran of the marine corps and in 2013 the Obama administration decided to stop deporting the immediate relatives of active military and veterans.He is optimistic that last week’s marriage will boost the chances of Hernández being allowed to remain in the US. Swann, 58, is a veteran of the marine corps and in 2013 the Obama administration decided to stop deporting the immediate relatives of active military and veterans.
“I’m hoping he can be released soon so we can have a honeymoon,” he said.“I’m hoping he can be released soon so we can have a honeymoon,” he said.