Judge Halts Deportation of Henry Velandia
A major victory for Princeton couple Joshua Vandiver GS and his husband Henry Velandia: an immigration judge in Newark ruled yesterday that Venezuelan-born Velandia's deportation would be halted until December in light of developing national policy on the Defense of Marriage Act (DOMA).
The background: Vandiver met Velandia in 2006, and they legally married in Connecticut in August 2010. Currently, Vandiver is a residential grad student in Whitman, getting his PhD in politics. Velandia teaches salsa lessons in Whitman and also founded his own dance studio called HotSalsaHot.The battle: According to DOMA, passed in 1996, the national government does not recognize same-sex marriages, civil unions, or domestic partnerships. Because couples married in states with same-sex marriage laws do not receive any federal rights, Velandia could not obtain a green card via his spouse, unlike most heterosexual bi-national couples. When Velandia's visa expired and his request for a new one was denied, the couple launched a campaign to stop his deportation that has gained national attention from CNN, The Advocate, and the New York Times.More details after the jump. Also, check out the video of Josh and Henry's wedding from their Facebook page, "Save Our Marriage":
The law: President Obama's administration announced in February that it found DOMA unconstitutional and would not defend the law in court. However, the administration would still enforce the law until the Supreme Court comes to a decision on DOMA's unconstitutionality.Recently, Attorney General Holder stepped into suspend the deportation of Paul Wilson Dorman, one member of another bi-national same-sex couple from New Jersey. The Newark judge cited the Attorney General's move as precedent for his decision to stop Velandia's deportation.The implications: The recent decision marks a reprieve for the couple until December, when Velandia's deportation case will be revisited. In the meantime, the constitutionality of DOMA is being challenged in multiple court cases. The story of Vandiver and Velandia is not uncommon; according to a UCLA study, around 24,000 gay and lesbian couples in the United States include at least one foreign partner. Without federal rights, these couples face the threat of having their spouse deported.Full disclosure -- I am a staff worker in the LGBT Center. Therefore, I feel it's necessary to disclose that my politics will invariably be connected to this blog post. However, my intention is mainly to inform, as this is a complex and developing story that requires understanding of LGBT issues.