Justice Dept. to
Continue Policy Against Same-Sex Marriage
Published: May 8, 2011 - New York Times
After two instances in which deportations were suspended in immigration
cases involving same-sex couples, the Justice Department has cautioned that it
will continue to enforce a law that bars the federal government from recognizing
same-sex
marriages.
A Justice Department official said Saturday that Attorney General Eric
H. Holder Jr. had made no change in the administrationfs approach to the
law, the Defense of Marriage Act, suggesting that deportations could continue in
other immigration cases involving married gay couples.
On Friday, an immigration judge in Newark suspended the deportation of Henry
Velandia, a Venezuelan man who was legally married last year in Connecticut to
an American citizen, Josh Vandiver. The judge cited an unusual action by Mr.
Holder in a different case.
On Thursday, Mr. Holder postponed the deportation of an Irish immigrant
involved in a same-sex union, sending the case back to the immigration appeals
court. The Irish man, Paul Wilson Dorman, was joined in a civil union in 2009
with an American citizen in New Jersey.
The Board of Immigration Appeals had denied Mr. Dorman residency, citing the
Defense of Marriage Act, known as DOMA. Among other issues, Mr. Holder asked the
appeals court to consider whether the civil union might qualify Mr. Dorman as a
spouse eligible for residency.
Tracy Schmaler, a spokeswoman for Mr. Holder, said he had interceded in Mr.
Dormanfs case only because he wanted the immigration appeals court to decide
issues he felt had been overlooked. gAs we have made clear, we will continue to
enforce DOMA,h Ms. Schmaler said.
In February, Mr. Holder announced that the administration viewed the marriage
act as unconstitutional and would not defend it in the courts, although the
administration would continue to enforce the law.
Gay rights advocates have asked the administration to postpone all
deportations for same-sex married couples until the courts decide whether the
marriage act is constitutional. Under immigration law, an American citizen can
petition for legal residency for a spouse, if the spouse is not the same sex.