Progress and Questions: DOMA, DHS and Your Family

By Victoria Neilson on 03/28/2011 @ 11:55 AM

On Friday afternoon The Daily Beast reported – to much fanfare and celebration – that local USCIS offices in DC and Baltimore were holding spousal applications filed by lesbian and gay married couples, rather than denying those applications as has happened in the past.

LGBT Americans with partners from abroad have been rightly hopeful that change is on the horizon, following the Department of Justice’s February announcement that it believe the Defense of Marriage Act to be unconstitutional. Immigration Equality called on the Administration to halt the separation of our families – and hold spousal applications – while DOMA’s constitutionality is settled by the courts. We believe it’s the right thing to do. We hope the Administration agrees.

Friday’s press report, however, also included a cautionary tone from DHS headquarters in Washington. A national DHS spokesperson noted to The Daily Beast – and reiterated to other reports as well – that the Department continued to enforce DOMA.

Many of our families are, as a result, naturally wondering: What does this mean?

If, indeed, marriage-based applications are being held by DHS, it would signal an incredible step forward for lesbian and gay families. Given the statement by DHS headquarters, however, it is too early, as we write this update, to know if there has been a real change in policy, or if the statements by DHS field offices, as reported on Friday, were the result of a well-meaning staff person speaking on their own.

That’s why all of us at Immigration Equality are working – right now – to get clarification about what is actually happening. We know that everyone is in immediate need of an end to the separations our families have faced for years. And, we know we are getting closer every day. But, we want to be sure we have accurate information before couples take any action that could be contrary to your best interests.

For now, couples who have questions about this recent news should read our FAQs about marriage. And, because every case is unique, please contact our legal team with specific questions about your situation.

The great steps forward we’ve seen in recent weeks are evidence that our hard work is paying off. We’ll continue to fight, with all of you, until none of our families face separation or exile. Until then, however, please be sure to contact an attorney before taking any legal actions.

As soon as we learn more, we’ll post updated information here on the blog. In the meantime, keep working with us for change. We’re making progress, step by step, every single day.