The DOMA Project Reacts to Policy Granting Deferred Action and Employment Authorization to Dream Act Immigrants

Department of Homeland Security Secretary Janet Napolitano released a three-page memorandum directing U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to offer “deferred action” to certain young persons who were brought to the United States as children.  The President followed the release of the DHS memo with a speech in the Rose Garden announcing the long-awaited policy which, in some respects, closely tracks the legislation known as the DREAM Act and responds directly to years of protests and a massive grass roots organizing efforts by student activists known as “Dreamers.”  Perhaps most importantly, today’s events demonstrated that the President will use his broad authority to solve problems that Congress is unwilling to address, especially when communities organize and advocate effectively for executive branch action. Today’s move falls squarely within the framework of President Obama’s mantra, We Can’t Wait, but it also confirms the President’s repeated promise to take action when his feet are held to the fire. At today’s White House Pride Reception, the President repeated that theme: “Now, I’ve said before that I would never counsel patience; that it wasn’t right to tell you to be patient any more than it was right for others to tell women to be patient a century ago, or African Americans to be patient a half century ago. After decades of inaction and indifference, you have every reason and right to push, loudly and forcefully, for equality.”

Statement by Lavi Soloway, co-founder, Stop The Deportations – The DOMA Project:

“President Obama used the discretionary power of the executive branch to achieve greater fairness in the enforcement of our immigration laws, consistent with his promise to prioritize keeping families together. This new policy provides temporary lawful status and employment authorization to hundreds of thousands of young immigrants, including many LGBT “Dream Act” students, and strengthens our communities and our country. While we celebrate this important step forward, we are reminded every day that there is much more work to be done to ensure that our immigration policy protects all American families.

We urge the administration to implement interim solutions that protect gay and lesbian binational couples who are excluded from the existing “green card” process available to all other married couples because of the Defense of Marriage Act. Every day these couples worry that they will be torn apart or forced into exile in order to stay together. This administration has said that denying green cards to the spouses of gay and lesbian Americans is a violation of the equal protection guarantee of the U.S. Constitution, but has not taken the steps necessary to mitigate the discriminatory impact of DOMA in this area. Instead, U.S. Citizenship and Immigration Services continues to deny green card petitions filed by lesbian and gay Americans for their spouses.

Given that six federal court rulings have found DOMA to be unconstitutional, the administration now should put into effect the following policy to stop the deportations, separations and exile of gay and lesbian binational couples:

(1) order an immediate moratorium on deportations of the partners and spouses of gay and lesbian Americans who, but for DOMA, would be eligible for permanent resident status;
(2) provide temporary humanitarian parole to the partners, spouses and children of gay and lesbian Americans who are stuck outside the United States, so that these families can be reunited; and
(3) put on hold all “green card” petitions filed by gay and lesbian Americans for their spouses, thereby giving those spouses lawful status and employment authorization until DOMA has been struck down by the Supreme Court or repealed by Congress;

These steps would not achieve full equality, but they would keep these LGBT families together until DOMA has been defeated.”

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  • Jennifer

    Please continue this fight…and continue to make the public aware of this discrimination. There are soooo many people who are misformed. They are misinformed because they believe that because LGBT individuals have the right to marry in certain states, that they have the right to the same federal benefits given to heterosexual couples. Thank you for your fight!!!!

    June 17, 2012
  • T n J

    Let’s hope that DOMA will be gone soon. Thank you for everybody’s effort!!

    June 19, 2012

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This is a pro-bono project of the law firm of Masliah & Soloway, PC. Posts on this website are offered for informational purposes only and do not constitute legal advice. The law firm of Masliah & Soloway, PC has offices in New York and Los Angeles. Our practice is limited to U.S. Immigration & Nationality Law.