>The DOMA Debate Is Important For Immigration

The federal Defense of Marriage Act of 1996 (DOMA) prohibits the federal government from recognizing same-sex marriages that are recognized as legal marriages in a number of states including Vermont.  The federal government generally recognizes marriages that are legal under the law of any states, but DOMA specifically bars federal recognition of same-sex marriages.  DOMA directly affects immigration, because immigration benefits are granted by federal law so same-sex marriages aren't recognized for immigration purposes.  I'm not the only immigration lawyer who's had to explain this to professionals who are invited by a U.S. organization to pursue a career in the United States and add value for U.S. business, industry, arts and academia but face the reality that under U.S. law, their lawfully-wedded partner can't get immigration status to live here with them, even if they were married lawfully in the United States.  One of the tenets of U.S. immigration law is family unification, and this is just another example where the reality of how the law is applied doesn't match the policy goal of protecting the unity of family relationships.  The Obama Administration already made the determination that DOMA is unconstitutional and the Administration stopped defending DOMA in legal actions in which it's challenged.  But DOMA remains the law of the land and the Administration is bound to follow the law until it's changed, including with respect to approving immigration benefits.   U.S. Citizenship and Immigration Services announced in August 2011 that it will give favorable consideration to applications for partners to remain as "visitors" with their spouse who is authorized to live and work in the United States, and this is a positive development.  But treating spouses as "visitors" disrespects the institution of marriage and denies the spouse opportunities to establish financial ties, study or work here or pursue lawful permanent residency here, opportunities that routinely are afforded to spouses.  So it's great news from the office of Sen. Patrick Leahy, D-VT that the Senate Judiciary Committee will debate repeal of DOMA this week in Committee.  The Respect for Marriage Act (S.598 in the Senate and HR 1116 in the House) was introduced earlier this year to repeal DOMA, and it's co-sponsored by 30 members of the U.S. Senate.  The Senate Judiciary Committee takes up the Respect for Marriage Act on November 3, 2011.