Newark court declares administrative close to deportation proceeding against married same-sex couple
June 30, 2011
By Katie Garcia, Freedom to Marry's Communications Intern
Today, a Newark immigration judge has stopped the deportation proceeding against Henry Velandia, a foreign-born legal spouse of an American citizen, Joshua Vandiver, honoring the US government’s request to no longer deport immigrants who are legally married to a US-national same-sex spouse.
Henry Velandia, a Venezuelan salsa dancer living in New Jersey, immigrated to the US in 2002 and was legally married to Josh Vandiver in Connecticut last year. Under current immigration law, Josh Vandiver was not able to petition the government for legal residency for Henry because under the so-called Defense of Marriage Act (DOMA) married same-sex couples are not afforded the immigration protections given to other married couples.
The decision to drop the Henry’s deportation proceeding came after a month of careful consideration by the Newark office of Immigration and Customs Enforcement on whether to proceed with the deportation hearing given that the courts are currently deciding the fate of DOMA. This decision to drop the deportation proceeding gives hope to other married same-sex couples that also face the threat of separation or deportation because of DOMA bars the federal government from honoring their marriages for the purposes of immigration.
Evan Wolfson, founder and President of Freedom to Marry, comments on today’s decision:
“Freedom to Marry applauds the U.S. government for bringing an end to this deportation process, which threatened to cruelly separate a couple who, like so many others, fell in love, made a lifetime commitment to one another, and got married – but because they are gay, were denied the normal family immigration protections afforded other married couples. While this exercise of sound government discretion is most welcome, Josh and Henry, along with so many other families, should not be vulnerable to the unfair treatment or uncertainty caused by federal marriage discrimination against same-sex couples. It is time for Congress to pass the Respect for Marriage Act, which would repeal the so-called Defense of Marriage Act and end the hardship and unfairness that burden the lives of loving and committed couples. ”?
To learn more about the campaign to stop the deportation of gay and lesbian bi-national couples, visit Stop the Deportations.