Bloggings on Immigration Law and Policy

by Greg Siskind

Supreme Court Case Could Open Door for Same Sex Immigration Benefits

The Supreme Court agreed today to hear a challenge to the Defense of Marriage Act. DOMA prevents federal agencies like USCIS from conferring benefits to legally married couples if the partners are of the same sex. Overturning DOMA would likely mean that the Supreme Court would be able to grant immigration benefits to those married legally in one of the growing number of US states that marry people of the same sex or people legally married in a foreign country where such marriages are legal. There are many other types of cases that would also be affected. The First and Second Circuit Courts of Appeals have already struck down parts of DOMA. But USCIS is still enforcing DOMA until the Supreme Court settles the matter.