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 GillibrandAdvocacy group seeks probe into DOD statements on sexual assault Carter pledges probe of sex assault testimony This week: Congress on track to miss Puerto Rico deadline MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalJudiciary Dems seek hearing on voting rights Supreme Court wrestles with corruption law Lawmaker calls for probe into 'unusual' Amazon cruise deaths MORE (D-Conn.), Ron WydenRon WydenOvernight Cybersecurity: Judge could require Clinton testimony in email case Wyden to introduce bill fighting new fed hacking powers Feds list schools that sought exemption from discrimination statute MORE (D-Ore.), Barbara BoxerBarbara BoxerThe Trail 2016: GOP stages of grief Cruz fouls out in Indiana Carter pledges probe of sex assault testimony MORE (D-Calif.), Chris CoonsChris CoonsJudiciary Dems seek hearing on voting rights Investments in research and development are investments in American jobs House clears trade secrets bill for Obama's signature MORE (D-Del.), Barbara MikulskiBarbara MikulskiAcela primaries: Winners, losers Failed Md. gubernatorial candidate wins primary for Donna Edwards seat Candidate who spent M loses Md. House race MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseJudiciary Dems seek hearing on voting rights Senate looks for easy wins amid 2016 gridlock Portman focuses on drug abuse epidemic in new ad MORE (D-R.I.), Bernie SandersBernie SandersGloria Steinem: If Clinton doesn't win it's because majority didn't vote Protesters greet Clinton at Calif. rally Sanders: 'You can’t keep track’ of the wars GOP would start MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenTSA under investigation for racial profiling Judiciary Dems seek hearing on voting rights Senate passes resolution honoring Prince MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenSenators approve shift in funding to ease airport wait times Carter pledges probe of sex assault testimony Pentagon looks to reduce billion energy bill MORE (D-N.H.), Jeff MerkleyJeff MerkleyOvernight Finance: Fed steady on rates; Dems rally behind retirement rule Overnight Finance: Puerto Rico pressure builds; Big tariff vote Wednesday Senate votes to increase wind energy funding MORE (D-Ore.) and Patty MurrayPatty MurrayRyan goes all-in on Puerto Rico Overnight Healthcare: Medicare fight looms on Capitol Hill Senate GOP hardening stance against emergency funding for Zika 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.

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