Removal Proceedings Terminated for Foreign National in Same-Sex Marriage

In a righteous move, Immigration and Customs Enforcement agreed to a Venezuelan foreign national’s request to terminate removal proceedings, stating that his removal “is not an enforcement priority at this time.” After all, he is a salsa dancer – not a potential terrorist carrying 10 boarding passes on a flight. The foreign national is in a same-sex marriage to a U.S. citizen. In February, the Obama administration announced that it viewed the Defense of Marriage Act, or “DOMA” as unconstitutional. DOMA is a federal law that bars the federal government from recognizing same-sex marriages. However, Department of Homeland Security has been instructed to enforce DOMA until it is struck down. Although they are not granting relief in these cases, they are exercising prosecutorial discretion on a case-by-case basis. This most recent case is a positive example of that. I took a particular interest in this article because I am half-Venezuelan, but have been following the news in same-sex marriage cases and transgendered issues for a while.

For more information about me and my practice, please visit my website at www.alanoimmigrationlaw.com.

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