Immigration By Gay Asylum ***The President Champions The Court’s Decision To Strike Down DOMA, Signaling Broad LGBT Immigration Relief Is Finally Here*** Today, the Court, in a narrow 5-4 ruling, went further than ever before in recognizing LGBT rights in general and same-sex marriages in particular. Justice Kennedy, writing for the majority, did not hold back: "What has been explained to this point should more than suffice to establish that the principal purpose and the necessary effect of this law are to demean those persons who are in a lawful same-sex marriage. This requires the Court to hold, as it now does, that DOMA is unconsti¬tutional as a deprivation of the liberty of the person pro¬tected by the Fifth Amendment of the Constitution. The liberty protected by the Fifth Amendment’s Due Process Clause contains within it the prohibition against denying to any person the equal protection of the laws. . . . . DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the mar¬riages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity." To be clear, the Court today did *not* rule that we have a fundamental right to same-sex marriage under the U.S. Constitution. The ruling is more measured, finding only that gays and lesbians who are married in a state that recognizes such marriages cannot be denied the same federal rights as their heterosexual counterparts. By implication, this would include federal immigration rights. And so, if you are an LGBT nonimmigrant married to an American citizen or Long Term Resident who lives in one of the 12 (soon to be 13 with California) States and DC District that recognize same-sex marriage, today’s historic ruling affords you the opportunity to apply for a green card, which, if successful, would then provide you with a path toward citizenship. Please remember that marriage alone does not dictate immigration; a person who is married and otherwise eligible for a green card still may be denied same for many reasons (for example, a criminal record). But today’s ruling will surely extend a basic right to many who have been denied that right for far too long. Less clear, however, are the immigration rights of those *not* living in the 12+ States that recognize same-sex marriage. Nor do we know how domestic partnerships or long-term same-sex relationships where the couples have been unable (and denied the right to) marry will be treated. Also, will the Government overlook the bars to entry specific to persons who overstay their visas in light of the difficult and unfair predicament that forced many LGBT individuals to overstay their visas? Not sure. President Obama and others in his Administration are in position to answer many of the issues left unresolved by today’s ruling. We have anticipated President Obama’s strong support on these issues and today he again spoke and signaled that progressive change is coming (without specifically addressing immigration): "This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better." In sum, the Court today ruled that LGBT immigration reform is here, but did so expressly only for certain individuals. For others, we must wait and see what the next few days and weeks bring in the form of changed policies. Already change is in the air. A NY Judge earlier today stopped an imminent deportation hours after the decision (see first comment to this Post). Health and Human Services Secretary Kathleen Sebelius and others have been quick to speak out that the Government will move swiftly to implement change. We just need more time to see how this all unfolds. In the meantime, we should enjoy this incredible victory! Happy Pride! PS On a separate issue, there appears to be a reason to celebrate on the proposed changes to asylum laws well. Specifically, the Immigration Reform Act as written today, if passed, will abolish the 1-year filing deadline to apply for asylum and allow those who have applied and been rejected for asylum because of the 1-year filing deadline an opportunity to reapply (for example, those who have Withholding of Removal status). George Tenreiro BALDASSARE & MARA, LLC 570 Broad Street, Suite 900 Newark, New Jersey 07102 Office: 973.200.4066; Fax: 973.741.2482 E-Mail: gtenreiro@mabalaw.com Bio: http://www.mabalaw.com/attorneys/george-tenreiro/ Admitted in New Jersey and New York