LaChance v. Napolitano (HSA)

Thanks to efforts by the American Civil Liberties Union of Eastern Missouri, April LaChance married her fiancé Alain Hersey-Brown today.

St. Louis, May 7 - Thanks to efforts by the American Civil Liberties Union of Eastern Missouri, April LaChance married her fiancé Alain Hersey-Brown today.

The couple's original plans to wed this past Feb. 14 were postponed because Hersey-Brown, a Canadian citizen who was stopped in Boone County on a traffic violation in November, has been in the custody of the U.S. Immigration and Customs Enforcement (ICE) at the Morgan County Detention Center in Versailles, Missouri, since December. Morgan County Sheriff officials willingly offered to transport Hersey-Brown the 282 feet to the Morgan County Recorder's office to obtain a marriage license, but ICE would not allow them to do so. And the Morgan County Recorder refused to travel the 282 feet to the jail.

LaChance and Hersey-Brown's request to marry had been approved by ICE and they had a minister lined up to perform the wedding. So, all they needed was the marriage license. In Missouri, both individuals must sign the marriage license in the presence of the county recorder. Unfortunately, Hersey-Brown couldn't afford his $3,000 bond to leave the facility.

That's when the ACLU-EM decided to defend April LaChance's right to marry and filed suit against ICE; Janet Napolitano, secretary of the Department of Homeland Security; the Morgan County recorder; and the sheriff of Morgan County on April 24.

According to the consent judgment, entered by Federal Judge Nanette Laughrey on May 4, ICE authorized the Morgan County Sheriff to transport Hersey-Brown to the office of the Recorder of Deeds of Morgan County to obtain the marriage license. Also, the Recorder of Deeds will set up quarterly dates when a representative or deputy will conduct marriage license application affirmations at a secure location within the Morgan County jail for any person detained by ICE.

"Preventing someone from getting married because his or her fiancé is in detention is a violation of basic human rights," says Brenda Jones, ACLU-EM's executive director.

"We are pleased that this case was resolved so swiftly. This prevented any further hardship to the Hersey-Browns, who have been in a committed relationship for the past six years," adds Tony Rothert, ACLU-EM's legal director.

Now married to a citizen, Alain Hersey-Brown may be eligible for a green card, which would allow him to remain in the United States with his new wife; his 15-year-old son, who is a U.S. citizen; and his mother, a legal permanent resident.