Landmark Decision Supports International Same Sex Couple
In a major evolution in the federal government’s policy on international same sex couples, the government recently dropped its attempt to deport a Venezuelan man who is married to a man who is a US citizen. The government asked a federal immigration court, in Newark, NJ, to dismiss the case and allow the Venezuelan to stay in this country. The court agreed to do that. It seems quite possible that this is the beginning of a trend of letting foreign nationals stay in this country if they are married to US citizens of the same sex.
The decision to stop deportation proceedings involved Henry Velandia , a Venezuelan professional Salsa dancer. He came here almost 20 years ago. One year ago he married Josh Vandiver in Connecticut where same sex marriage is legal. The couple first met five years ago They now live in New Jersey.
In 2009 Velandia applied for a "green card." If the card had been issued to him he would have had legal residence in this country. But, instead of granting the request, Immigration and Customs Enforcement (ICE) started deportation proceedings against Velandia.
For a long time US law and policy has helped opposite sex couples in similar situations. With opposite sex couples, if a foreign national marries a US citizen, that can be the basis for the foreign national to gain legal permanent residence in this country. However, the same has not been true when same sex couples marry.
The United States is home to about 24,000 same-sex couples in which one partner is an American citizen and the other is not, according to an analysis of 2008 census survey data by the Williams Institute. According to the New York-based advocacy organization, Immigration Equality, thousands of these gay couples one American and one an immigrant – leave the U.S. each year for countries where gay immigrants are welcome. So, the government’s action in the above case could bring hope to many of these couples.
This seems to be part of a trend in which the federal government is granting more and more recognition for the marriages of same sex couples. The government also recently granted same sex spouses and domestic partners significant protections when one or both of them is receiving Medicaid which is called MediCal in California. Earlier this year the Obama administration announced that it considers major portions of the Defense of Marriage Act to be unconstitutional. That appears to be the basis for the federal government’s slowly evolving policy of recognizing same sex marriage.
Boyce Hinman
California Communities United Institute
