News / USA

    US Immigration Judge Suspends Deportation of Gay Spouse

    Michael Bowman

    For the first time, a U.S. judge has suspended the deportation of the foreign-born same-sex spouse of an American citizen.  Last week’s action by an immigration judge in New York comes amid ongoing challenges to the constitutionality of a law banning the federal government from recognizing marriages between homosexuals.

    Last year, Cristina Ojeda of Queens, New York, married her partner of three years, Argentine-born Monica Alcota, in nearby Connecticut, one of only a handful of states that allow civil marriage for gay people.  But Alcota has been living under the threat of deportation for years, having overstayed a tourist visa that expired 10 years ago.

    Last week (3/22/11), Alcota stood before an immigration judge fearing deportation to Argentina.  But the judge halted deportation proceedings to give her and Ojeda time to petition for federal recognition of their marriage.

    Ojeda spoke with VOA a day later, saying, "We were happy.  It gives us more hope."

    Among the more common ways for non-citizens to gain legal residency in the United States is by marrying a U.S. citizen.  But that avenue is blocked for tens of thousands of bi-national gay couples.  Most states refuse to grant marriage licenses to same-sex couples, and federal law bans recognition of same-sex marriage.

    Ojeda recalls the pain of seeing her spouse taken into federal custody and placed in detention for three months prior to the deportation hearing. "Oh God, it has been horrible.  I have never gone through anything this painful, having Monica being taken away from me on the bus.  I had to hug her, and they took her," she said.

    Attorney Lavi Soloway represents Alcota and Ojeda. "Monica and Cristina represent the ultimate consequence of discrimination against lesbian and gay couples who, although they are legally married, are denied recognition of their marriage by the federal government for all purposes, including immigration.  Cristina is no different than any other U.S. citizen.  She is in a loving, committed relationship with her spouse," he said.

    Enacted in 1996, the Defense of Marriage Act stipulates that only opposite-sex marriages are valid under federal law.   During the past year, federal courts have ruled core elements of the Act unconstitutional.  Those cases are being appealed and could ultimately be decided by the U.S. Supreme Court.

    Weeks ago, the Obama administration announced it would no longer defend the Defense of Marriage Act’s constitutionality, leaving it to congressionally-appointed attorneys to argue for its retention.  Earlier this month, bills to repeal the law were introduced in both houses of Congress.

    California Western Law School Professor Ari Waldman has written extensively on the legal battles surrounding the Defense of Marriage Act.  He says suspending deportation is well within an immigration judge’s power, as Judge Terry Bain did for Monica Alcota.  "That the constitutionality of DOMA is, at best, uncertain, must have suggested to Judge Bain that a law that is of dubious constitutionality should not be the basis for splitting up a committed couple," he said.

    VOA contacted several pro-DOMA advocacy groups.  None were willing to comment on the Alcota-Ojeda case, but all are steadfast in their conviction the institution of marriage should be reserved for heterosexuals, and that allowing gays to marry will weaken the institution and corrode the family unit, what they call the building block of civilization.

    Attorney Lavi Soloway sees the issue differently. "It really is a question of discrimination.  And I have not yet heard a cogent argument for justifying discrimination against couples like Cristina and Monica.  The United States has a long history of battling to perfect the ideal that all people have equality under the law.  And what Monica and Cristina achieved is one small incremental step towards further perfecting that ideal," he said.

    Law Professor Waldman says Judge Bain’s decision sets no binding precedent for other immigration cases involving bi-national married gay couples.  But he expects other judges will take note of the Alcota-Ojeda case and concur that similar deportations should be suspended until the Defense of Marriage Act’s constitutionality is definitively determined, or until the law is repealed, as President Barack Obama has advocated.

    You May Like

    Former US Envoys Urge Obama to Delay Troop Cuts in Afghanistan

    Keeping troop levels up during conflict with both Taliban and Islamic State is necessary to support Kabul government, they say

    First Lady to Visit Africa to Promote Girls' Education

    Michele Obama will be joined by daughters and actresses Meryl Streep and Freida Pinto

    Video NYSE Analyst: Brexit Will Continue to Place Pressure on Markets

    Despite orderly pricing and execution strategy at the New York Stock Exchange, analyst explains added pressure on world financial markets is likely

    This forum has been closed.
    Comments
         
    There are no comments in this forum. Be first and add one

    Featured Videos

    Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
    Brexit Vote Plunges Global Markets Into Unchartered Territoryi
    X
    June 24, 2016 9:38 PM
    British voters plunged global markets into unknown territory after they voted Thursday to leave the European Union. The results of the Brexit vote, the term coined to describe the referendum, caught many off guard. Analysts say the resulting volatility could last for weeks, perhaps longer. Mil Arcega reports.
    Video

    Video Brexit Vote Plunges Global Markets Into Unchartered Territory

    British voters plunged global markets into unknown territory after they voted Thursday to leave the European Union. The results of the Brexit vote, the term coined to describe the referendum, caught many off guard. Analysts say the resulting volatility could last for weeks, perhaps longer. Mil Arcega reports.
    Video

    Video Orlando Shooting Changes Debate on Gun Control

    It’s been nearly two weeks since the largest mass shooting ever in the United States. Despite public calls for tighter gun control laws, Congress is at an impasse. Democratic lawmakers resorted to a 1960s civil rights tactic to portray their frustration. VOA’s Carolyn Presutti explains how the Orlando, Florida shooting is changing the debate.
    Video

    Video Tunisian Fishing Town Searches for Jobs, Local Development Solutions

    As the European Union tries to come to grips with its migrant crisis, some newcomers are leaving voluntarily. But those returning to their home countries face an uncertain future.  Five years after Tunisia's revolution, the tiny North African country is struggling with unrest, soaring unemployment and plummeting growth. From the southern Tunisian fishing town of Zarzis, Lisa Bryant takes a look for VOA at a search for local solutions.
    Video

    Video 'American Troops' in Russia Despite Tensions

    Historic battle re-enactment is a niche hobby with a fair number of adherents in Russia where past military victories are played-up by the Kremlin as a show of national strength. But, one group of World War II re-enactors in Moscow has the rare distinction of choosing to play western ally troops. VOA's Daniel Schearf explains.
    Video

    Video Experts: Very Few Killed in US Gun Violence Are Victims of Mass Shootings

    The deadly shooting at a Florida nightclub has reignited the debate in the U.S. over gun control. Although Congress doesn't provide government health agencies funds to study gun violence, public health experts say private research has helped them learn some things about the issue. VOA's Carol Pearson reports.
    Video

    Video Trump Unleashes Broadside Against Clinton to Try to Ease GOP Doubts

    Recent public opinion polls show Republican Donald Trump slipping behind Democrat Hillary Clinton in the presidential election matchup for November. Trump trails her both in fundraising and campaign organization, but he's intensifying his attacks on the former secretary of state. VOA National Correspondent Jim Malone reports.
    Video

    Video Muslim American Mayor Calls for Tolerance

    Syrian-born Mohamed Khairullah describes himself as "an American mayor who happens to be Muslim." As the three-term mayor of Prospect Park, New Jersey, he believes his town of 6,000 is an example of how ethnicity and religious beliefs should not determine a community's leadership. Ramon Taylor has this report from Prospect Park.
    Video

    Video Internal Rifts Over Syria Policy Could Be Headache for Next US President

    With the Obama administration showing little outward enthusiasm for adopting a more robust Syria policy, there is a strong likelihood that the internal discontent expressed by State Department employees will roll over to the next administration. VOA State Department correspondent Pam Dockins reports.
    Video

    Video Senegal to Park Colorful ‘Cars Rapide’ Permanently

    Brightly painted cars rapide are a hallmark of Dakar, offering residents a cheap way to get around the capital city since 1976. But the privately owned minibuses are scheduled to be parked for good in late 2018, as Ricci Shryock reports for VOA.
    Video

    Video Florida Gets $1 Million in Emergency Government Funding for Orlando

    The U.S. government has granted $1 million in emergency funding to the state of Florida to cover the costs linked to the June 12 massacre in Orlando. U.S. Attorney General Loretta Lynch announced the grant Tuesday in Orlando, where she met with survivors of the shooting attack that killed 49 people. Zlatica Hoke reports.
    Video

    Video How to Print Impossible Shapes with Metal

    3-D printing with metals is rapidly becoming more advanced. As printers become more affordable, the industry is partnering with universities to refine processes for manufacturing previously impossible things. A new 3-D printing lab aims to bring the new technology closer to everyday use. VOA's George Putic reports.
    Video

    Video Big Somali Community in Minnesota Observes Muslim Religious Feast

    Ramadan is widely observed in the north central US state of Minnesota, which a large Muslim community calls home. VOA Somali service reporter Mohmud Masadde files this report from Minneapolis, the state's biggest city.

    Special Report

    Adrift The Invisible African Diaspora