American Immigration Lawyers Association on DOMA and Immigration, DHS Secretary Napolitano Promises Action
In this video, the President of the American Immigration Lawyers Association explains her understanding of the Supreme Court’s historic decision yesterday striking down the federal Defense of Marriage Act (DOMA).
As has been previously blogged over the last 24 hours, there are uncertainties about just how the Court’s invalidation of DOMA will affect U.S. immigration law. A clear sign of the possibility of greatly increased recognition of same sex marriages under the immigration laws can be seen in this statement by U.S. Department of Homeland Security Secretary Janet Napolitano just hours after the ruling:
“I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits. I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.” Download Napolitano
Patricia Murphy on the Daily Beast opines that, by taking the issue of the recognition of same sex marriage off th etable in discussions of immigration reform (assuming that the U.S. government begins to recognize same sex marriages under the immigration laws), the Supreme Court has improved the chances that Congress will pass a reform bill.
There is lots going on on this front. Stay tuned!
KJ