USCIS WILL ENFORCE DOMA EVEN IF FEDS WON’T

As we all know by now, on February 23, 2011, the United States Department of Justice (USDOJ) made the decision to stop defending Section 3 of DOMA (Defense of Marriage Act), raising hopes for same-sex married couples who have applied for green cards. On that day, USCIS began to hold same-sex green card applications in abeyance while it sought guidance as to the meaning of the USDOJ’s announcement. The official word came in last night, March 29, 2011, that the USCIS will continue to deny same-sex bi-national couples, merely based on the enforcement of DOMA. There will be no change, since, according to USCIS press secretary Christopher Bentley, the policy in place is there to enforce the law.

So, USCIS will resume its discriminatory practices of old. What this will mean for future advocates who decide to sue over this matter, only time will tell. But it seems as though the USCIS is begging for a lawsuit on the issue of DOMA . . . or is it that it will take a similar announcement by USDHS Secretary Napolitano as well. Is the DOMA still enforceable if the USDOJ will not put up a defense against it? Stay tuned.

Aime Katambwe, Esq. 3/30/2011

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9 thoughts on “USCIS WILL ENFORCE DOMA EVEN IF FEDS WON’T

  1. DOMA is INSANE. There are millions of polpee who live in the US in the shadows, living a half life. Obama does not control the Supreme Court, but he can influence Immigration. He can step up and make sure the low priority list for enforcement of DOMA INCLUDES Brad and Anthony. All the attention to how honestly Anthony has lived in the US is to make sure his qualification for the LOW PRIORITY LIST is crystal clear. Brad and Anthony need AFFIRMATIVE STATEMENT from Immigration and Obama that the deportation order which is due in 5 days will not be enforced. If Obama fails here, he has failed completely as I predict he will no longer be electable in the next Presidential election. My hopes and support are with Brad, Anthony and the doggies.

  2. I THINK IS IMPORTANT TO BE CAREFUL AND I GONNA TRY TO MAKE MY POINT WITH MY SPANGLISH : I have been reading many aeitclrs and tv programmes about this couple and everytime it is mentioned that the Australian one remained legal. Whether a foreign partner had the chance to remain legal or not (the possibilities to remain legal in the US depends on many factors such as nationality, if u have money for investments, profession, etc) SHOULDNT BE MENTIONED AS A POSITIVE QUALITY that gives that particular couple points towards being aknowledged!!Giving that much importance to the legal status of people (that might had remained ilegal just to be with her-his spouse or partner) is wrong because in the future it might be used against couples as an excuse to continue to discriminate. PLease stop doing that!!!

    • Sad! Is not the word that should be used in this case! Disgusting is more like it! How can the United States of America do sohtimeng like this, and more over how can a African American President allow this to happen, He, President Obama has surly in his life time felt the horrible effects of discrimination, how quickly we forget!!!!Not willing to do anything to help, very sad!!! And shame on you Barrack Obama, that you would allow this to happen!!!That you would allow this kind of discrimination. That you would sit by and watch as so many loving couples are being torn apart, and kept separated

      • After 19 years in a relationship, Anthony has never violtaed our country’s immigration laws. Why to add this? What does this has to do with the fact that the US does not allow same sex American citizens to bring home their spouses or fiances? Why to respect US immigration laws under the current circumstances has become in every article and in every interview such a dignifying act when most of the time remain legal when you are a foreigner is impossible to accomplish and being ilegal to keep your family together is all what is left to do???

    • something like, Frankly, we’ve got plenty to do arnoud here without having to repeatedly defend a law arising from a wedge issue trotted out to score political points and prevent a problem that only exists in the minds of some prejudiced people. I’d like to think Obama is on a boldness kick and has rediscovered where his support lies, but I don’t. He’s been a no show in the battle going on in Wisconsin, disgustingly so. His SOTU and budget both serve to validate Republicans’ politically self-serving talking points about the need to cut spending, even though doing so will only stall or reverse economic recovery — ironically, postponing the day when the economy is finally back in shape and some serious deficit reduction can take place without spiking unemployment and chilling demand.Oh yes, Obama is a far better president than the one he replaced. But this period we’re in calls for a Roosevelt, Truman or Johnson-type fighter and reformer, not an appeaser. The fact Obama either doesn’t understand that or does but chooses to ignore it leaves him as a muddler who’s blowing more opportunities to make a difference, to set things right, than most presidents ever get.

  3. This is great! And it’s wonderful to read sontihemg like this for once and not be afraid to see the comments below. Haha. Maybe someday Dani and I can be together without his having to keep taking classes and not being able to work. I wonder though what the death of DOMA might do in states with anti-marriage laws on the books. If we were to marry in a free state and stay in another state, would the federal government still be required to recognize our marriage even if the state didn’t? So many questions . . . But big hearfelt congratulations to all the couples getting a reprieve!

    • No State is allowed to freely discriminate against its people in violation of the US Constitution. There is the problem of “full faith and credit given to the acts of sister States” under the 4th Amendment that is going to have to be dealt with when all this is said and done. Stay tuned.

    • I went thought the same, not at that exrteme point but still unfair. I am so sad that this is happening to thousands of couples in America. I am trying to make a difference and right now I am working in a documentary for my film making workshop in Los Angeles that is about binational couples facing deportation. I would love to interview some of you couples out there that are going thought this unfairness and we together put our word out. Looking forward to hear from you and help me with my project. Thank you.

      • Because of the bigotry and hobphoomia of the US governement which denies me the same rights as heterosexual people, I made the decision to leave my country and live with my partner in Malaysia. It is ironic that the US touts itself as a defender and advocate of human rights and is engaged in two wars fighting Islamic radicals and I had to move to a predominantly Muslim country to be with the one I love. I can’t receive medicare in a foreign country and I still have to pay US taxes, but I am considered a second class citizen with few rights. I spend my social security and pension in Malaysia. This is money that could help the American economy, but since I have a same sex foreign partner the government doesn’t want it. nor me and my partner.

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