As many of you know, a few weeks ago, President Obama made the surprisingly exciting announcement that his Department of Justice would no longer be defending the Defense of Marriage Act (DOMA) in the courts. This decision was made after many lower courts had found DOMA to be unconstitutional. Obama framed his change of tactics around the amount of money the administration would spend on defending a law which judges were ruling against. Obama made sure to say that he would continue enforcing the law until it was overturned, but the court battles would no longer be defended by his administration.
The religious right and the National Organization for Marriage were in an uproar. They lied and claimed that Obama had overturned the law, or that he was no longer enforcing it. And the usual rigamarole ensued.
Now, we’re happy to find that despite the fact that DOMA has not yet been overturned, in at least one instance, it is no longer being used to attack gay and lesbian families. One of the rights we are fighting so hard for, which heterosexual married people frequently take for granted, is that married bi-national couples can stay in this country and that foreign-born citizens married to US citizens will gain citizenship through that marriage.
A few months ago, we told you the story of Josh Vandiver, a graduate student at Princeton, and Henry Velandia, a Venezuelan dance instructor who was facing deportation despite their 2010 marriage in Connecticut.
Now, Newsweek/The Daily Beast has learned that the heads of two USCIS districts—Washington, D.C. and Baltimore—informed attorneys from the advocacy group American Immigration Lawyers Association that cases in their districts involving married gay and lesbian couples would be put on hold. The news could have far-reaching effects. People like Velandia might be safe from deportation while their cases are on hold.
Let’s keep our fingers crossed that Henry and Josh will be together in the US permanently.