Recent Supreme Court Decision on Same-Sex Marriage Will Change Immigration Forever

Although the case does not directly involve immigration law, the Supreme Court’s decision on DOMA will profoundly affect the lives and rights of gay and lesbian bi-national couples. Under DOMA, lesbian and gay U.S. citizens and lawful permanent residents were barred from obtaining permanent residency and any other immigration protections for their same-sex spouses.  As a result, gay and lesbian families have been torn apart, same-sex spouses of citizens have been deported, and thousands of U.S. citizens have been forced to choose between their life-partners and exile from the United States. 

The Supreme Court’s decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples any federal benefits, including immigration benefits. This is a historic day for gay and lesbian marriage rights, as DOMA disqualified same-sex couples from over a thousand federal benefits, and made same-sex couples in committed relationships second-class citizens in the eyes of the federal government. 

Secretary of Homeland Security Janet Napolitano has issued a statement applauding the decision striking down the discriminatory law and has begun implementing the decision to allow same sex spouses to obtain immigration benefits:

“This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits. I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.” 

The importance of this decision for the immigration rights of gay and lesbian couples cannot be understated. There are an estimated 28,500 bi-national same-sex couples in the United States. These couples will now be afforded many of the same immigration benefits and protections as all other couples under the U.S. immigration laws. 

Los Angeles Immigration attorney Amira Al-Alami, an outspoken advocate of Comprehensive Immigration Reform and Gay rights has recently been recognized for her “Excellent Rating” in her field by Avvo, with an average of 5 stars for client ratings. The rating is based on customer reviews and peer recommendations.

Amira Al-Alami is the Secretary of the Executive Committee for Immigration of the Los Angeles County Bar Association (LACBA), is a Board Member of the Latina Lawyers Bar Association of Southern California and an active member of the American Immigration Lawyers Association (“AILA”). Attorney Alami made regular weekly appearances on Telemundo News, Channel 46, speaking about immigration law. Amira has appeared in TV Azteca, El Canal 22, Mundo Fox, Canal 52 and El Canal 34.

Contact Information

Amira Al-Alami

Immigration Attorney

Law Office of Amira Al-Alami

(1) (888)990-6020

rosario.alamilaw@gmail.com