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 GillibrandMcAuliffe: I wouldn't want a 'caretaker' in Kaine's Senate seat Tim Kaine backs call to boost funding for Israeli missile defense The Trail 2016: The newrevolution begins MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalDems fear Trump arguments on terrorism Tim Kaine backs call to boost funding for Israeli missile defense Senate Dems push Obama for more Iran transparency MORE (D-Conn.), Ron WydenRon WydenThe Hill's 12:30 Report Tim Kaine backs call to boost funding for Israeli missile defense Dems push for US, EU cooperation on China's market status MORE (D-Ore.), Barbara BoxerBarbara BoxerReid faces Sanders supporters' fury at DNC Calif. Dem touts her 'badass' sister's Senate run The Trail 2016: One large crack in the glass ceiling MORE (D-Calif.), Chris CoonsChris CoonsTop Dem: ‘I don't believe for a minute’ Trump was joking about Russia The Hill's 12:30 Report Senators ask IRS to issue guidance to help startups MORE (D-Del.), Barbara MikulskiBarbara MikulskiThe Trail 2016: Her big night Clinton to cast election as ‘moment of reckoning’ Sanders gives blessing as Dems nominate Clinton MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseThe Hill's 12:30 Report Why Kaine is the right choice for Clinton Report: More, stronger cyber attacks to flood networks MORE (D-R.I.), Bernie SandersBernie SandersDems rally behind Wasserman Schultz How did Hillary Clinton do? Pundits react to speech Winners and losers of the Democratic National Convention MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenWinners and losers of the Democratic National Convention Party unity overcomes chaos...and the Bernie-or-Bust crowd The Hill's 12:30 Report MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenDemocrats ‘freaked out’ about polls in meeting with Clinton GMO labeling bill advances in the Senate over Dem objections Overnight Defense: US blames ISIS for Turkey attack | Afghan visas in spending bill | Army rolls up its sleeves MORE (D-N.H.), Jeff MerkleyJeff MerkleyKaine as Clinton's VP pick sells out progressive wing of party Unions want one thing from Hillary tonight: A stake in TPP’s heart Only senator to back Bernie: Dems must unite MORE (D-Ore.) and Patty MurrayPatty MurrayOur children, our future – bridging the partisan divide Overnight Energy: Officials close in on new global emissions deal NBA pulls All-Star Game from NC over bathroom law 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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