STOP THE DEPORTATIONS THE DOMA PROJECT: DOMA Deportations: What the President Can Do

Wednesday, March 2, 2011

DOMA Deportations: What the President Can Do

From the Washington Blade. Full story here. While this article does not produce much diversity in response to its rhetorical headline, The DOMA Project is included here as an example as one very real ways in which the executive branch can re-evaluate the landscape of deportation proceedings for development of public policy to address urgent humanitarian crises.

Amid this debate, another LGBT advocate is drawing on the recent change in how the Obama administration is handling DOMA to press the administration to exercise prosecutorial discretion in cases involving bi-national same-sex couples.

Lavi Soloway, an attorney with Masliah & Soloway PC in New York, is representing three married, same-sex bi-national couples in New York, New Jersey and California who are facing deportation proceedings.

Alex Benshimol and Doug Gentry are scheduled for a July 13 hearing in San Francisco; Monica Alcota and Cristina Ojeda are scheduled for a March 22 hearing in New York; and Henry Velandia and Josh Vandiver scheduled for a May 6 hearing in Newark, N.J. Each of the American spouses in these cases has filed green card petitions on behalf of their foreign national partners, although DOMA prevents American nationals from sponsoring their partners.

“We intend to argue as a result of the shifting position of the executive branch with respect to DOMA that it’s appropriate for the immigration judges and also for the attorneys that represent the Department of Homeland Security to exercise what’s called prosecutorial discretion, which simply means exercising more discretion in how to proceed with these cases,” Soloway said.

In the three pending cases, Soloway is asking for judges to consider changes that were made to how the Obama administration is handling DOMA in court and to put off deportation proceedings until another time when different relief of legal options may be available. According to Soloway, if anyone in these cases is deported, they won’t be able to return to the United States for another 10 years, even if DOMA is repealed or overturned sometime before then.

“I’m calling on the Department of Homeland Security … to develop reasonable innovative policy to deal with the particular moment that we’re in,” Soloway said. “We’re just in a very short-term moment where things are in a state of flux. I’m not asking them to stop enforcing any law; this is part of enforcing the law.”

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WHAT ARE WE FIGHTING FOR?

STOP THE DEPORTATIONS is a campaign launched in October 2010 by a group of married binational couples working with attorneys Lavi Soloway and Noemi Masliah, who are founders of Immigration Equality and partners in the law firm, Masliah & Soloway. Our purpose is to raise awareness of the cruel impact of the DEFENSE OF MARRIAGE ACT on married gay and lesbian binational couples and bring an end to that discrimination. Because the federal government denies recognition to legally married same-sex couples, they are deprived of the usual access to immigration laws that allow all other American citizens to petition for a green card for their foreign spouses.

In most cases, DOMA is the only obstacle preventing married binational couples from achieving resolution of the immigration issue. Because of DOMA, married binational couples are faced with the very real threat of being torn apart because of expiring visas or deportation orders. Many binational couples are exiled to third countries where their relationships are recognized under the law. Still others are kept apart, left to maintain a long-distance relationship on line, by phone calls and visits.

Every day in this country there are gay and lesbian Americans whose spouses face deportation proceedings. This must end. We cannot sit by while the government destroys the hopes and dreams of loving couples. Join our fight against DOMA and help bring an end discrimination against same-sex binational couples. For more information on how you can get involved email us here.

DOMA Project Participation

We invite potential DOMA project participants to contact us if they are same-sex binational couples who are married (or planning to marry) and who want to join our campaign to end discrimination in immigration law. With the exception of our DOMA Project participants, we do not encourage any married same-sex couple to file an I-130 Petition for Alien Relative as such a petition will be denied and the filing of the petition may have significant negative consequences on the foreign spouse's future eligibility for various non-immigrant visas, or precipitate removal proceedings if that person is in the United States without lawful status. Any binational couples considering marriage should consult THE DOMA PROJECT or other qualified attorney or appropriate gay rights organization to discuss the potential consequences for eligibility for non-immigrant visas and to address other immigration related concerns. To learn more about our DOMA Project, contact us here. Your story is a vital part of winning this struggle.

ADD YOUR STORY

We are actively looking for binational couples to join this campaign. Your testimonials, videos, photographs, etc. will help us put discrimination into terms that everyone can understand: its cruel impact on individual couples and families. Anyone interested in getting involved to help raise awareness of the impact of DOMA on binational couples should contact us here. All information received will be confidential. Couples who want to participate without revealing their full names or other identifying information are welcome. Binational couples who are currently in separate countries and binational couples living abroad are also welcome.