As the nation remains entrenched in a debate over what to do about an estimated 11 million illegal residents, the Obama administration has released new guidelines to provide flexibility in individual cases without conflicting with other federal laws. Because the marriage act, passed in 1996, remains the law, the administration has stopped short of a blanket policy change on deportation cases involving married same-sex couples.

Instead, John Morton, director of Immigration and Custom Enforcement, sent a memo in June instructing his agents and lawyers to focus their deportation efforts on illegal immigrants who are criminals, gang members or security threats. He also urged them to "exercise discretion" in favor of illegal residents who have a "spouse, child or parent" who is a U.S. citizen or who is "primary caretaker" for someone who is ill, disabled or a child.

The directive did not mention legally married same-sex couples. So couples such as Makk and Wells must navigate a muddled and subjective process, one that gives immigration officers the power to allow illegal same-sex spouses to remain in the country -- provided the agent does not cite marriage as the reason -- or to proceed with deportations.