Senators demand hold on deportation of same-sex partners until Supreme Court ruling

“We urge DHS to hold marriage-based immigration petitions in abeyance until the Supreme Court issues its ruling on same-sex marriage. Holding these cases in abeyance for a few months will prevent hardship to LGBT immigrant families,” the senators wrote. 

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“We also call upon the Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA. By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision.”

Under DOMA, federal immigration benefits do not extend to same-sex couples. First and 2nd circuit federal appeals courts have deemed DOMA unconstitutional — the Supreme Court will take the issue up later this year.

Sens. Kirsten GillibrandKirsten GillibrandOvernight Tech: TV box plan faces crucial vote | Trump transition team to meet tech groups | Growing scrutiny of Yahoo security Overnight Finance: McConnell offers 'clean' funding bill | Dems pan proposal | Flint aid, internet measure not included | More heat for Wells Fargo | New concerns on investor visas Senate Dems call for investigation into Wells Fargo's wage practices MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalOvernight Tech: FCC chief downplays delay to TV box reforms | Lawsuit filed over internet transition | Waze rolls out ridehailing service Anti-trade senators say chamber would be crazy to pass TPP Leahy wants Judiciary hearing on Yahoo MORE (D-Conn.), Ron WydenRon WydenOvernight Healthcare: Watchdog says ObamaCare program made illegal payments Election-year politics: Senate Dems shun GOP vulnerables Overnight Tech: TV box plan faces crucial vote | Trump transition team to meet tech groups | Growing scrutiny of Yahoo security MORE (D-Ore.), Barbara BoxerBarbara BoxerDems gain upper hand on budget Overnight Finance: Senate rejects funding bill as shutdown looms | Labor Dept. to probe Wells Fargo | Fed to ease stress test rules for small banks Funding bill rejected as shutdown nears MORE (D-Calif.), Chris CoonsChris CoonsElection-year politics: Senate Dems shun GOP vulnerables Overnight Healthcare: McConnell unveils new Zika package | Manchin defends daughter on EpiPens | Bill includes M for opioid crisis Dems to GOP: Help us fix ObamaCare MORE (D-Del.), Barbara MikulskiBarbara MikulskiSenate Dems: Add Flint aid to spending deal This week: Shutdown deadline looms over Congress Week ahead: Key court date for climate rule; Fight over Flint aid MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseAnti-trade senators say chamber would be crazy to pass TPP Overnight Energy: SEC begins probing Exxon Senate Dems unveil new public option push for ObamaCare MORE (D-R.I.), Bernie SandersBernie SandersSunday shows preview: Pressure on Trump for second debate Maher, Silverman: Gary Johnson is no Bernie What will be October’s surprise? MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenAnti-trade senators say chamber would be crazy to pass TPP Overnight Tech: TV box plan faces crucial vote | Trump transition team to meet tech groups | Growing scrutiny of Yahoo security Overnight Regulation: Supporters push for TV box reforms ahead of vote MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenSenators press State Department on 'plan B' in Syria Senate passes bill to preserve sexual assault kits Dems call for better birth control access for female troops MORE (D-N.H.), Jeff MerkleyJeff MerkleyOvernight Finance: Lawmakers float criminal charges for Wells Fargo chief | Scrutiny on Trump's Cuba dealings | Ryan warns of recession if no tax reform Anti-trade senators say chamber would be crazy to pass TPP Democrats press Wells Fargo CEO for more answers on scandal MORE (D-Ore.) and Patty MurrayPatty MurrayElection-year politics: Senate Dems shun GOP vulnerables Congress approves .1B in Zika funds Lawmakers pledge push for cures bill in lame-duck MORE (D-Wash.) all signed the letter, adding that DOMA is a form of discrimination that creates a “tier of second-class families.”

“The Supreme Court will soon have its voice heard on this discriminatory policy that has already been deemed unconstitutional by two federal courts,” Gillibrand said in a statement Thursday. “In light of those earlier decisions, we must lift the hardship for LGBT families who live in fear of separation based on this antiquated law until the Supreme Court rules. Regardless of the court’s ultimate decision, it is well past time for Congress to recognize the marriages of all loving and committed couples and finally put the discriminatory DOMA policy into the dustbin of history.”

President Obama's administration has come out against DOMA, but many Republicans still support the law, which says marriage is between a man and a woman.