Department of Homeland Security: Implementation of the Supreme Court Ruling on the Defense of Marriage Act

Statement from Secretary of Homeland Security Janet Napolitano

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Please visit the DHS website for FAQs for same-sex binational couples.

Out4Immigration has compiled the following resources for attorney recommendations and resources:

• Same-sex binational couples seeking advice on how to proceed with marriage and fiancée visa petitions (i.e., "green card applications”) are encouraged to view these resources: “After DOMA: What It Means for You” from the National Center for Lesbian Rights (NCLR), After DOMA: Immigration from Lambda Legal and “The End of DOMA: What Your Family Needs to Know” from Immigration Equality.
• The law firm, Masliah and Soloway are offering free consultations to same-sex binational couples. Email them at consult@masliah-soloway.com.  
• Also, the law firm McCown and Evans is offering free consultations to same-sex binationals. Please contact them at (415) 834-9123, or email info@mccownevans.com. 
• In the San Francisco Bay Area, McCown and Evans will be hosting a series of free legal workshops for same-sex binationals in July and August. Visit http://out4immigration.blogspot.com/2013/06/upcoming-information-sessions-marriage.html for details.

BREAKING: Supreme Court’s DOMA Decision Grants Same-Sex Binationals Federal Immigration Rights

Key Part of Defense of Marriage Act (DOMA) Struck Down,
California's Proposition 8 Case Dismissed

Media Contacts:

Amos Lim, Out4Immigration, 415-742-1626, amos@out4immigration.org

Kathy Drasky, Out4Immigration, 415-606-2085, kathy@out4immigration.org

SAN FRANCISCO – JUNE 26, 2013 – The Supreme Court of the United States (SCOTUS) struck down Section 3 of the federal Defense of Marriage Act (DOMA) this morning and declared that same-sex couples who are legally married deserve equal rights to the benefits under federal law that go to all other married couples. Of the more than 1,100 federal rights no one is more critical to same-sex binational couples than immigration – or the right of an American citizen to sponsor a foreign-born spouse for permanent residency, or a green card.

In a separate ruling, SCOTUS also dismissed California’s Proposition 8 case, a referendum that took away marriage equality from gay and lesbian couples in 2008. This ruling returns the case to a previous 2009 state ruling that declared Proposition 8 was “unconstitutional” under California law. 

Both rulings were decided on 5-4 votes. Justice Anthony Kennedy wrote the opinion on the DOMA case. Chief Justice John Roberts wrote the opinion for the Prop. 8 case.

While the DOMA ruling is clear – federal benefits for any couple that is legally married in a state, country or jurisdiction where same-sex marriage is legal, the Proposition 8 ruling will take more time for lawmakers to sort out. In the best case scenario, marriage equality will be restored to California within a month. 

“Out4Immigration is elated with the results of today’s decisions. One of our routes to immigration equality for same-sex binational couples has always been the demise of DOMA. Today that has happened,” said Amos Lim, Co-founder and Community Outreach Director of Out4Immigration.

“We will continue to watch how the Proposition 8 decision unfolds and hope for a quick restoration of marriage equality in California,” Lim added.

As California, the most populous state, restores marriage equality for its citizens, there will now be 13 states, as well as the District of Columbia, where same-sex marriage is legal.

Lim pointed out, however, that same-sex binational couples currently living in the states that lack marriage equality will need to travel to a place where same-sex marriage is legal in order to obtain a marriage that will give them federal benefits. Although federal benefits will be available to these couples, those living in states that lack equal marriage protection will continue to be subject to discrimination at the state level.

“We remain concerned that statutory barriers are still in place for some couples and urge Congress to immediately repeal DOMA in its entirety,” said Lim.

Democratic members of Congress were quick to praise the DOMA ruling and pledged to introduce legislation that would finish the job of fully repealing the discriminatory law.

Sen. Dianne Feinstein (D-CA) took to Twitter to say, "I will introduce legislation ASAP to repeal discriminatory DOMA once and for all.”

Same-sex binational couples seeking advice on how to proceed with marriage and fiancée visa petitions (i.e., "green card applications”) are encouraged to view these resources: “After DOMA: What It Means for You” from the National Center for Lesbian Rights (NCLR), After DOMA: Immigration from Lambda Legal and “The End of DOMA: What Your Family Needs to Know” from Immigration Equality.

The law firm, Masliah and Soloway are offering free consultations to same-sex binational couples. Email them at consult@masliah-soloway.com. 

Also, the law firm McCown and Evans is offering free consultations to same-sex binationals. Please contact them at (415) 834-9123, or email info@mccownevans.com.  

In the San Francisco Bay Area, McCown and Evans will be hosting a series of free legal workshops for same-sex binationals in July and August. Visit http://out4immigration.blogspot.com/2013/06/upcoming-information-sessions-marriage.html for details.

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For more information:

Out4Immigration: http://www.out4immigration.org

“DOMA Unconstitutional; California Ban on Marriage Dead”: http://www.advocate.com/politics/marriage-equality/2013/06/26/supreme-court-issues-landmark-lgbt-rulings

“DOMA Ruling to Prompt Legislation on Capitol Hill”: http://legaltimes.typepad.com/blt/2013/06/doma-ruling-prompts-legislation-on-capitol-hill.html

Out4Immigration blog (featuring stories of same-sex binationals): http://out4immigration.blogspot.com/

United by Love, Divided by Law (visual protest by same-sex binational couples separated by U.S. immigration laws): http://unitedbylovedividedbylaw.tumblr.com

Count Me In / Same-Sex Binationals Share Their Stories: http://bit.ly/O4ICountMeIn

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Out4Immigration is a national grassroots organization dedicated to raising awareness about the discrimination same-sex binational couples face under current U.S. immigration law and the difficulties they encounter in keeping their families together legally in this country. For more information, visit www.out4immigration.org.

 

Keep Up with All the News Stories on Same-Sex Binationals and Immigration Reform

The news is happening faster than we can keep up with it on this blog. We try to get stories up that affect us as quickly as possible, particularly surrounding our exclusion from the immigration reform bill that has now moved out of committee and to the Senate floor.

If you do not see the latest news when you arrive here, please click to our new curation site: "United by Love, Divided by Law."

Our volunteer communications person, Kathy, has been tracking stories on this site for over a year, so you will find a very detailed backlog of the history of our march toward immigration rights and marriage equality - both of which will create a path to green cards for gay and lesbian Americans with foreign spouses.

BREAKING: Sign the Petition to Demand USCIS, DHS, the White House Do Something to Stop Deporting Our Partners

Out4Immigration is demanding the United States Citizenship and Immigration Services, Department of Homeland Security and the White House put the cases of same-sex binational couples facing deportation on hold until DOMA - which is forcing loving couples apart - can be resolved.

Add your name to this important petition now:

Dear USCIS: Don't Go Back to Denying Green Cards to Loving, Same-Sex Couples

BREAKING NEWS
Since President Obama and the Department of Justice issued their directive to stop defending the Defense of Marriage Act (DOMA) in court on February 23, same-sex binational couples have experienced a high-intensity roller coaster ride of federal http://www.blogger.com/img/blank.gifagencies temporarily granting - then rescinding - small, yet humane steps toward keeping our families together. One day we hear good news like this:

U.S. Citizenship and Immigration Services Asks Field Offices to Put Bi-National Immigration Cases on Hold

But the next day, we are told this:

DOJ to Married Green Card Applicants: DOMA Still Applies

Tell these federal agencies and the White House to stop playing politics with same-sex binational couples. The rights of lesbian, gay, bisexual and transgender American citizens with foreign partners have been denied too long. At Out4Immigration, we have seen countless numbers of our friends and volunteers be forced into exile or be torn apart. Can you sign and circulate this petition to build support against unjust immigration laws and DOMA - the two obstacles that go hand-in-hand in keeping loving, same-sex binational couples from living together in the United States?

Dear USCIS: Don't Go Back to Denying Green Cards to Loving, Same-Sex Couples

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Out4Immigration is committed to seeing the day when married same-sex binational couples can apply for green cards, just like opposite-sex binational couples do. We will continue to push at any angle to see an end to what Rep. Jerrold Nadler continually calls this "gratuitous cruelty" of denying green cards to loving, http://www.blogger.com/img/blank.gifsame-sex couples.

For the first time we now have options to accomplish this at all three branches of government. Judicially, with the Obama directive to stop defending DOMA; legislatively with bills like the Respect for Marriage Act to repeal DOMA and the soon to be reintroduced Uniting American Families Act (UAFA); and on an executive basis with administrative fixes to the law like we saw [temporarily] last week.

*******

JOIN US!
Join Out4Immigration on the web through our Yahoo! Groups list (visit our website homepage and scroll to the bottom of the page, click on the Yahoo! icon and follow the instructions) and keep up with our daily conversation on equal immigration rights. You can also join us on Facebook or follow us on Twitter.

THANKS TO ALL OUR VOLUNTEERS!
Out4Immigration is an all-volunteer, grassroots group. Everything we do comes from people volunteering their personal time - to build coalitions with their communities, to get resolutions and letters in support of UAFA, to speak at conferences and rallies, to staff booths at events, to organize events and march in parades. Thank you all for stepping up. It is your commitment to this cause that will ultimately end discrimination in US immigration law.

BREAKING: DHS Signals Quick End to Temporary Abeyance Policy

Married same-sex binational couples hoping that ALL applications for green cards would be put into abeyance ("on hold") until more firm decisions around DOMA come down will have to wait.

DHS has signaled that each case will need to be reviewed on a case-by-case basis. Like last week's case in New York, where the judge delayed the deportation of an Argentinian woman legally married to an American woman, the judge could rule favorably in such a case.

Or, the judge could order the deportation.

We have LOTS of work to do. Please follow us on Facebook or join our Yahoo Groups list to keep informed and learn of grassroots actions.

Full story at Stop the Deportations: The DOMA Project.

UPDATE: In light of yesterday's decision by USCIS to change their "abeyance" policy again.... here's a petition on change.org to urge them to not revert back to the old policy.

Please sign, share the petition and get more people to sign.

Petitions by Change.org|Start a Petition »

We need you to get the word out and make some noise!

Geert & Mel's Story: A Green Card Victory

Congratulations to two of Out4Immigration’s long-time supporters, Mel & Geert! After many years, Geert received his green card last month. This same-sex binational couple (Geert, at the right is from The Netherlands, and Mel, at left, is an American citizen) have been together for more than 30 years. Together they have navigated the US immigration system through many twists and turns, including the HIV travel ban.
The lifting of the ban earlier this year, made Geert’s green card application possible.

Geert & Mel specifically thank all those who write letters and call Congress every week for all you do to keep equal immigration rights and the need for the Uniting American Families Act (UAFA) in front of those who can make a difference. The couple also are greatly indebted to their Congresswoman, Rep. Barbara Lee (D-CA-9) for her ceaseless support of UAFA and LGBT immigration rights.

Out4Immigration thanks Geert and Mel for all they do on our behalf – we don’t think they have ever missed a chance to march with O4I here in San Francisco. We also share this story with all of you to let you know that there is always hope. Do not give up on your own personal quests for the pursuit of happiness in America. And, do not give up on grassroots activism. It really does make a difference. If you are in a same-sex binational relationship, call your representatives in Congress today and tell them that you need their help. Even if they have already signed onto UAFA, they can urge their colleagues to do the same – and possibly more.