Thu May 05, 2011 at 11:20:42 PM EDT
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| Friday afternoon there's supposed to be a deportation hearing in Newark for a couple some states, many countries, and all of us recognize as legally married. Josh Vandiver is an American, Henry Velandia is from Venezuela. Our country has not recognized the couple, legally married last year in Connecticut, as married enough to keep Velandia in this country with his husband. Henry's visitor visa is expired. And because of DOMA, Josh isn't allowed to sponsor his husband for a green card. It's an outrage that DOMA applies, that the normal route this couple should be able to follow isn't available to them because Josh and Henry are the same gender. Josh and Henry's case has become a lightning rod for change, because no matter what happens in their case, other same-sex couples from different countries will face the same crap as long as DOMA is allowed to stand.
What: Rally to Stop Henry Velandia's Deportation
When: Friday, May 6 at 11am
Where: Department of Homeland Security
Newark Immigration Court
Peter Rodino Federal Building
970 Broad St, Newark
Three months ago, President Obama made the decision to stop defending DOMA in federal court, and that makes right now a ripe time for change. Rep. Rush Holt seized that opportunity when he went on record with the Obama administration in a letter to US Department of Homeland Security Secretary Janet Napolitano calling on her to "immediately resolve" Josh and Henry's deportation case, and stop all deportations involving married gay and lesbian binational couples. Rush Holt letter, after the jump. US Attorney Eric Holder got into Josh and Henry's case today, and that's good news. But it's not enough. This shouldn't happen to anyone else, and it will as long as DOMA rules.
Backing up Friday's rally are groups both Jersey-based and national, including Garden State Equality, Princeton Equality Project, Courage Campaign, GetEQUAL, Stop the Deportations, All Out, Immigration Equality Action Fund, Marriage Equality USA, Out4Immigration, and Queer Rising.
Joining Holt are 64 other members of the House and Senate.
These hearings go on during the work day, so that's when the rally is. If you can make it to Newark Friday 11am, or show your support any other way, it strikes a blow for equality. Disclosure: I'm a board member of Garden State Equality. I'd be writing about this even if I wasn't. |
| Rosi Efthim :: Rally Friday: Stop the May 6 Deportation of Henry Velandia |
| Text of Rush Holt letter to Department of Homeland Security Secretary Janet Napolitano:
March 31, 2011
The Honorable Janet Napolitano
Secretary of Homeland Security
U.S. Naval Security Station
3801 Nebraska Avenue, NW
Washington, D.C. 20393
Dear Secretary Napolitano,
I write to you today to ask that you work with me to immediately resolve a deportation case that illustrates the injustice and unconstitutionality of the Defense of Marriage Act.
One of my constituents, Josh Vandiver married his husband, Henry Velandia, in 2010 in the state of Connecticut, where same-sex marriage is legal. Henry is from Venezuela and came to the United States in 2002 on a visitor visa. However, as a result of DOMA, Henry is ineligible for a spouse visa and will be deported unless the courts rule on the unconstitutionality of DOMA or a bill passes in Congress challenging DOMA. As a U.S. citizen, Josh should receive the full rights granted to all citizens and should not be singled out based on his sexual orientation, which is what is occurring by not allowing Josh to sponsor Henry for a visa. Our immigration policies must work to unite families, not rip them apart.
In a statement released on February 23, 2011, Attorney General Eric Holder said, "After careful consideration, including a review of my recommendation, the president has concluded that, given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases." I could not agree more and support efforts to repeal DOMA. In the interim, you must not apply this unconstitutional law to tear apart families.
In 2009, the Department of Homeland Security made the decision based on humanitarian grounds to put a moratorium on deportations of the widows of U.S. citizen husbands who were killed during the wars in Afghanistan and Iraq before they received their green cards. In light of Attorney General Holder's new guidance, I am asking you to suspend the deportation of all spouses of citizens in a same-sex marriage until a decision is reached on DOMA. This is the right thing to do for Henry, Josh and countless others who are being victimized by this discriminatory and unconstitutional law.
I appreciate your expeditious consideration of this matter, and my thanks for your dedicated service to our nation.
Sincerely,
RUSH HOLT
Member of Congress |
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