I personally can name two binational partners/spouses who are being held in ICE detention. If they were legally able to marry their same-sex permanent partner or if their marriages recognized, by Federal Law, (i.e. no Defense of Marriage Act) their same-sex spouse would have the right to petition for them to stay in the USA. They would be at home free, where they deserve to be. In one case the ‘wife’ has been in detention since March, 2009. In the second case the partner has been in detention since July of 2008; oh, did I mention that his Amercan born husband committed suicide a couple of moths ago? I might add that he won his case to remain in the USA (albeit not through the peetition of his now deceased spouse) and because the BIA is appealing this , he has had to remain in detention since the date he won the case.
Three states (Massachusetts, Connecticut, and Iowa) currently allow same-sex marriage (with Vermont and Maine having passed not-yet-implemented legislation to join that list), five states recognize some alternative form of same-sex union, twelve states ban any recognition of any form of same-sex unions including civil union, twenty-eight states have adopted amendments to their state constitution prohibiting same sex marriage, and another twenty states have enacted statutory DOMAs. California is teetering on a decision from the Supreme Court and none of this remotely provides American Lesbians and Gays with their equal right (that other married Americans have) to petition for a spouse under the existing immigration, law to obtain permanent lawful residence in the USA.
We need immediate and urgent passage of UAFA; the Uniting of American Families Act – http://www.immigrationequality.org
Do what you can – I cannot say it any better than IE does on their website
Did I hear President Obama promise to kill DOMA? Was that a dream or was it not an actual promise? Your comments please….