Defense of Marriage Act (DOMA)

Lesbian and gay noncitizens face serious impediments to obtaining legal immigration status in the United States through marriage. The immigration agencies rely upon Section 3 of the Defense of Marriage Act (DOMA) (defining marriage as a union between one man and one woman) to bar lesbian and gay U.S. citizens and residents from petitioning for their spouses. Likewise, noncitizens are precluded from applying for other immigration protections based on a marriage involving a lesbian or gay noncitizen.

ADVOCACY | RESOURCES | TELL THE LAC ABOUT YOUR DOMA CASES

ADVOCACY

Letters to Department of Homeland Security, Executive Office for Immigration Review, and Department of Justice Urging Interim Relief Pending Final Resolution of Section 3 of DOMA (submitted Apr. 6, 2011). Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and AIC, joined by dozens of other organizations, urged the Administration to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA.

RESOURCES

LAC Practice Advisory: "Protecting and Preserving the Rights of LGBT Families: DOMA, Dorman, and Immigration Strategies" (June 3, 2011). This Practice Advisory suggests strategies for attorneys representing noncitizens in removal proceedings whose cases are affected by DOMA.

TELL THE LAC ABOUT YOUR DOMA CASES

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