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 GillibrandSanders shares star power with NY House hopeful Bernie Sanders’s awkward return to the Senate Protecting living organ donors' rights MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalElizabeth Warren joins House Dems' sit-in Democrats stage sit-in on House floor to push for gun vote Dems blast Republicans after failed gun votes MORE (D-Conn.), Ron WydenRon WydenRepublican chairman: Our tax reform plan fits with Trump's vision Post Orlando, hawks make a power play Democrats seize spotlight with sit-in on guns MORE (D-Ore.), Barbara BoxerBarbara BoxerSenate honors Cleveland Cavs' NBA championship California’s last nuclear plant slated to close Senate rejects gun control background check measures MORE (D-Calif.), Chris CoonsChris CoonsOvernight Defense: GOP blasts latest Gitmo transfer | Boeing defends Iran Air deal Key Dem: US-Iran relations may get worse before they get better The Hill's 12:30 Report MORE (D-Del.), Barbara MikulskiBarbara MikulskiOvernight Energy: Senate panel approves EPA spending, rules bill Senate panel breaks with House on cuts to IRS Dems propose to boost DOJ funding by M MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseThe Hill's 12:30 Report Hacked computer network mysteriously back online Marketplace for hacked-server sales may be much bigger than reported MORE (D-R.I.), Bernie SandersBernie SandersSunday shows preview: Next steps after Trump upheaval Bernie fights for relevance Sanders shares star power with NY House hopeful MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenAl Franken says he would be Clinton's vice president if asked Poll: Sanders, Rubio most popular VP picks Bernie Sanders’s awkward return to the Senate MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenGOP senators: Brexit vote a wake-up call Overnight Defense: Senate rejects new FBI surveillance powers | Brexit vote looms | Push for new military aid deal with Israel Senators push vote to condemn Russia's 'reckless actions' MORE (D-N.H.), Jeff MerkleyJeff MerkleyThe Hill's 12:30 Report Key Sanders ally: Time to get behind Clinton Dem Senate campaign chair endorses Clinton MORE (D-Ore.) and Patty MurrayPatty MurraySenate Dems link court fight to Congressional Baseball Game Reid: House-passed Zika deal a 'disgrace' Bernie Sanders’s awkward return to the Senate 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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