Target: Alejandro Mayorkas, Director of US Citizenship and Immigration Services
Goal: Halt the deportation of married same-sex partners until the constitutionality of the Defense of Marriage Act is decided.
Same sex couples who are in civil unions or marriages legally recognized by their home state are still facing deportation because of the federal law banning same-sex marriage. Because the US does not legally recognize gay marriage, couples who are multinational face deportation of the non-US citizen.
The federal law banning gay marriage, the Defense of Marriage Act, is currently being debated in courts for its constitutionality. In the meantime, the Center for Human Rights and Constitutional Law has requested that all same-sex immigration cases be put on hold while the constitutionality of the law is considered.
The Obama Administration has said that it will take same-sex immigration cases on a case-by-case basis, but not every immigrant can afford an immigration lawyer to bring the case to court. Some same-sex couples can plead a hardship waiver, especially if there are children involved, but they are often denied the waiver because the partners are not relatives and do not qualify as such for the purposes of establishing hardship.
Sign the petition below, and ask the Department of Homeland Security to put immigration cases that involve same-sex married partners on hold while the Defense of Marriage Act is considered for its constitutionality. There is no doubt that a same-sex marriage is just as valid as current federally recognized marriages, and now that the climate toward gay marriage is changing in the US, they should be given a reprieve until the constitutionality of the Defense of Marriage Act is determined.
Dear Alejandro Mayorkas,
The Defense of Marriage Act is currently being debated for its constitutionality. In the meantime, seven US states recognize and perform same-sex marriages, and an eighth state recognizes same-sex couples who are legally married under state law. The Episcopalian church recently become one of the largest religious organizations to recognize and perform same-sex marriages—yet multinational couples in a same-sex marriage are still facing deportation because their marriages are not recognized by the federal government.
I am asking you to put any immigration cases where the immigrant is involved in a same-sex marriage with a US citizen on hold while the constitutionality of the Defense of Marriage Act is questioned. These couples already face discrimination for their marriages, and do not need to face imminent separation because their marriages are not yet recognized by the US government.
[Your Name Here]