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. 

“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 GillibrandMusic streamer Spotify joins Gillibrand’s push for paid family leave Gillibrand proposes sexual assault reforms for Merchant Marine Academy Podesta floated Bill Gates, Bloomberg as possible Clinton VPs MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalOvernight Healthcare: Biden hints at new money for cancer research | Trump details opioid plan | Dem urges feds to reject EpiPen settlement Dem calls on DOJ to reject EpiPen settlement Why Yahoo's breach could turn the SEC into a cybersecurity tiger MORE (D-Conn.), Ron WydenRon WydenWyden seeks IRS info on firms linked to Panama Papers Rep. Brady plans to move tax reform legislation in 2017 US confirms China has ended tax breaks for domestic airplanes MORE (D-Ore.), Barbara BoxerBarbara BoxerHouse and Senate water bills face billion difference Boxer, Feinstein endorse Kamala Harris in two-Dem Senate race Dems gain upper hand on budget MORE (D-Calif.), Chris CoonsChris CoonsDem blasts Trump on 'jail' line: 'That's what dictators do' Election-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 MORE (D-Del.), Barbara MikulskiBarbara MikulskiBetter child care for stronger families GOP Senate candidate: It's 'not practical' to repeal ObamaCare Senate Dems: Add Flint aid to spending deal MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseMoney for nothing: Rethinking CO2 Dem takes Exxon fight to GOP chairman's backyard Anti-trade senators say chamber would be crazy to pass TPP MORE (D-R.I.), Bernie SandersBernie SandersWikiLeaks: Advisers were nervous about Clinton touting her support for Israel Sanders presses drug company to explain price hike for leukemia drug Get me out of the two-party system or give me death MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenGreat Lakes senators seek boost for maritime system Court ruling could be game changer for Dems in Nevada Why Yahoo's breach could turn the SEC into a cybersecurity tiger MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenPodesta floated Bill Gates, Bloomberg as possible Clinton VPs Obama signs 'bill of rights' for rape survivors into law Four military options for Obama in Syria MORE (D-N.H.), Jeff MerkleyJeff MerkleyOvernight Healthcare: Top ObamaCare lobbyists reject 'public option' push | Groups sound alarm over Medicare premium hike Top ObamaCare lobbyists reject 'public option' push Liberal groups urge Schumer to reject Bayh for Banking gavel MORE (D-Ore.) and Patty MurrayPatty MurraySenate Dems demand answers from Wells Fargo over treatment of military A fight for new rights Election-year politics: Senate Dems shun GOP vulnerables 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.