Breaking News

U.S. Deportation Recognizes Same-Sex Couples as Families
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The notorious Defense of Marriage Act (DOMA) may become increasing undermined, de facto, as federal laws sidestep it. Despite DOMA defining marriage as between one man and one woman, Department of Homeland Security Secretary Janet Napolitano has declared Thursday that same-sex relationships should be equally considered in determining whether to deport an individual. And though the gist of this has been expressed before, this is the first time it has been put into writing.

“It is one of the first times that ICE [Immigration and Customs Enforcement] or DHS have recognized lesbian and gay relationships for the purpose of an immigration benefit,” said Steve Ralls, who is a spokesman for Immigration Equality, a group which advocates for lesbian and gay immigrants. “So it certainly is a big step forward in terms of the administrations’ commitment to ensuring US citizens are not separated from their same sex partners.”

Rachel Tiven, executive director for Immigration Equality, agreed with him. “This is a huge step forward. Until now LGBT families and their lawyers had nothing to rely on but an oral promise that prosecutorial discretion would include all families. Today, DHS has responded to Congress and made that promise real.”

  
What
Where


The members of Congress she referred to include 80 House Democrats led by Minority Leader Nancy Pelosi (D-California).

Napolitano went so far as to make a federal definition of family. “In an effort to make clear the definition of the phrase ‘family relationships,’ I have directed ICE to disseminate written guidance to the field that the interpretation of the phrase ‘family relationships’ include long-term, same-sex partners. As with every other factor identified in Director Morton’s June 11 memorandum, the applicability of the ‘family relationships’ factor is weighed on an individualized basis in the consideration of whether prosecutorial discretion is appropriate in a given sense.”

The new measures affect 35,000 to 40,000 same-sex partners in the US involving an immigrant. With such de facto side-stepping of the limitations DOMA could put on these relationships, this might be a clue how the Supreme Court might rule on its constitutionality next year.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Immigration Attorney with portable business

USA-VA-McLean

McLean office is seeking an immigration attorney with $500,000+ in portable business.

Apply Now

Employment Attorney with 3+ years of wage and hour litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks employment attorney with 3+ years of experience in wage and h...

Apply Now

Litigation Attorney with 3-6 years of experience

USA-IL-Chicago

Chicago office of our client seeks litigation attorney with 3-6 years of experience and exposure to ...

Apply Now

RELEVANT JOBS

Experienced Civil Litigation Paralegal

USA-CA-San Diego

Civil litigation / insurance defense law firm in UTC is seeking a full time, experienced litigation ...

Apply now

Associate Attorney

USA-CA-San Diego

Busy, mid-sized San Diego based civil and complex litigation firm working throughout the state is se...

Apply now

Experienced Legal Secretary

USA-CA-San Diego

Busy mid-sized law firm in the UTC area is seeking a full time, experienced legal secretary.  A...

Apply now

Legal Secretary

USA-NJ-Morristown

A fulltime legal secretary with experience in working for a litigation firm in New Jersey. Experienc...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top