History of Immigration

Supreme Court’s DOMA Decision Good for Economic Competitiveness

Supreme Court’s DOMA Decision Good for Economic Competitiveness

In the global economy of the twenty-first century, a globally mobile workforce is critical to remaining competitive. Yet for LGBT employees, their families, and their employers, significant barriers remain in place. The Supreme Court’s June 26 decision in United States v. Windsor finding part of the Defense of Marriage Act (DOMA) unconstitutional has clear and […]

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USCIS Approves First Green Cards for Same Sex Couples

USCIS Approves First Green Cards for Same Sex Couples

On June 26, the Supreme Court issued its decision in the case of United States v. Windsor, in which it struck down section 3 of the Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman for all federal laws.  This law meant that the immigration agencies would not recognize […]

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Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples

Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples

Today, the Supreme Court issued its decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples […]

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Immigration Reform is an LGBT Issue

Immigration Reform is an LGBT Issue

By Victoria Neilson, Legal Director, Immigration Equality. This week the U.S. Supreme Court is hearing oral arguments in two cases, Hollingsworth v. Perry and United States v. Windsor, that will forever change the course of the struggle for lesbian, gay, bisexual, and transgender (LGBT) equality.  While we are hopeful that the Court will strike down […]

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How the Supreme Court Decision on DOMA Will Impact Immigration Law

How the Supreme Court Decision on DOMA Will Impact Immigration Law

Family unity is one of the driving forces in our immigration system.  United States citizens and lawful permanent residents can obtain immigrant visas for their spouses.  Many foreign nationals who come to the United States on employment-based visas bring their spouses and children with them.  And some waivers and forms of relief from removal are […]

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Including LGBT Immigrants in Immigration Reform Helps Protect Vulnerable Individuals

Including LGBT Immigrants in Immigration Reform Helps Protect Vulnerable Individuals

Roughly 11 million unauthorized immigrants live in the United States, and their backgrounds and stories are incredibly diverse. DREAM activists helped to change the picture of the 11 million by shining light on young people affected by our broken immigration system, while grassroots movements are highlighting the stories of families.  But a new report from […]

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Appellate Court Hears Arguments in Case Challenging DOMA, Bi-National Married Couples File New Suit

Appellate Court Hears Arguments in Case Challenging DOMA, Bi-National Married Couples File New Suit

Same sex couples face often insurmountable hurdles when it comes to immigration status.  Under the Defense of Marriage Act (“DOMA”), lesbian and gay U.S. citizens and lawful permanent residents are barred from obtaining immigrant visas for their spouses.  When Congress enacted DOMA in 1996, no state celebrated marriages between gay and lesbian couples.  But, the […]

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How Will DHS’s Prosecutorial Discretion Guidelines Impact Gay and Lesbian Bi-National Couples?

Written by on August 19, 2011 in Enforcement, History of Immigration with 4 Comments
How Will DHS’s Prosecutorial Discretion Guidelines Impact Gay and Lesbian Bi-National Couples?

Yesterday, the Department of Homeland Security (DHS) announced that they would take concrete steps to implement existing guidance on prosecutorial discretion in an attempt to provide relief for low priority immigration cases. DHS also announced that a new committee will review 300,000 immigration cases currently in removal proceedings to determine which cases are low priority […]

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Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases

Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases

BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages.  In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes.  Yet, […]

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