(Re-posted from late last night so more people see it.)
When last we heard about the case of Henry Velandia, the 27 year old man from Venezuela who was in the process of being deported simply because his marriage to a man was not recognized as valid, AG Holder had ordered that a decision in another DOMA immigration case be vacated and referred to him for review, and the judge in Henry's case used that ruling to delay the deportation until December.
Today, the United States has dropped the deportation proceedings against him. This seems to be related to the new 'more humane' deportation guidelines set by the US last week. This is an issue activists have pressed the administration to do something about, because we knew they could, and now they have. This is unquestionably good news for this couple but it could have far-reaching consequences for future attempted deportations.
Immigration lawyers and gay rights advocates said the decision represented a significant shift in policy and could open the door to the cancellation of deportations for other immigrants in same-sex marriages.
“This action shows that the government has not only the power but the inclination to do the right thing when it comes to protecting certain vulnerable populations from deportation,” said the couple’s lawyer, Lavi Soloway.
Maybe people at risk of being deported simply by virtue of being in a same-sex and not an opposite-sex marriage can relax for awhile because of this. I certainly hope so. If this is part of a bigger change in immigration policy in order to make it more humane (and the article seems to be speculating on some of its points, going from the information they have right now) then it represents a shift across the board for gay and lesbian couples that really will allow us to feel more secure.
As Velandia says, though, this won't be over until DOMA is repealed or declared unconstitutional:
But he pointed out that while the decision was “a big step forward,” it still did not address the underlying issue of whether same-sex marriages should be recognized by the federal government.
“The fight isn’t over,” Mr. Velandia said.
Until the law is no longer operable, there is always some risk of its use.