Greg Siskind on Immigration Law and Policy
Bi-National Couples Pin Hopes on Tomorrow's Supreme Court Argument
The news media is talking about the Supreme Court arguments today on California's same sex marriage law. But the pro-immigration community is closely watching tomorrow's arguments more. That's because the Defense of Marriage Act is being challenged. That act has two parts. One expressly allows states to not have to recognize same sex marriages from other states. The other part of DOMA says not federal agency can recognize a same sex marriage for federal benefits even if the marriage is recognized in the state where the couple lives.
It's the second issue that has an immigration impact. USCIS will not allow spouses to file green cards or other visa applications in same sex unions. And ICE has been destroying families by pursuing the deportations of people who would be eligible for green cards if DOMA were not the law. And it is this part of DOMA that pundits believe actually stands a better chance of being found unconstitutional by the Court.
We probably won't know until June how the Court will rule, but best of luck to the anti-DOMA lawyers in their arguments tomorrow.