LA Times Online reported that Sen. Patrick Leahy (D-Vt.) lamented over his withdrawal of a green-card allowance amendment for non-resident partners in same-sex marriages. He clarified that it was a sacrifice that needed to be made in order to prevent Republican undoing of the entire bill.

However, it turns out Sen. Leahy’s distress about his participation in that motion was needless. As explained in the LA Times piece, “that provision is unnecessary in light of the U.S. Supreme Court’s decision to invalidate the part of the Defense of Marriage Act that denied same-sex couples a range of federal benefits and protections.”

The advantage for bi-national, same-sex married couples comes in the form of the ability to request citizenship documentation, such as green cards, for the non-resident spouse. In addition, immigrants who are awaiting deportation as the consequence of a law action may have that order overturned by a judge who deems that action may lead to “exceptional hardship to their same-sex citizen spouse.”

According to a story on Huffingtonpost.com, “About 32,000 same-sex couples in the United States have one partner who is an American citizen and another from a foreign country, said Gary Gates, a demographer at the University of California, Los Angeles Law School’s Williams Institute. It isn’t clear how many of those couples are married or how many might seek immigration benefits.”

Although this Supreme Court decision is a boon for many couples and proponents of immigrant rights, there is one last step to be taken; the Department of Homeland Security must add its stamp of approval and designate policy on appeals on deportation rulings.
When two nation-stirring causes meet at such a crossroads, it is an opportunity for the examination of citizen rights as a whole, not just for target groups and demographics. Bearing the spirit of citizen rights in mind, the Supreme Court ruling may be upheld with support from decision-makers at Homeland Security. It should be remembered that, at the crux of this story, the resolution was passed down in efforts to support equality for same-sex couples and to ensure that they are provided the same federal and legal rights.

It’s not only U.S.-based couples that will feel the impact. There is speculation that bi-national pairs that moved abroad because of the previous state of affairs may return to live at home. Martha McDevitt-Pugh, who founded the group Love Exiles for gay and lesbian couples, told the Associated Press that “she hopes she’ll soon be able to return to Northern California to be closer to her ailing 84-year-old mother. McDevitt-Pugh married her wife, Lin, 12 years ago in the Netherlands, knowing they couldn’t live together in the United States at the time.”

As we move through immigration and gay-rights reform, we can see lines blurring. However, as things come into sharper focus, it’s apparent- these ground-breaking reforms are letting Americans be Americans.

Sources:
Hernandez, Sandra. July 3, 2013. Same-sex marriage ruling impacts immigration law too. LATimes.com
Preston, Julia. June 27, 2013. For gay immigrants, marriage ruling brings a path to a green card. NYTimes.com
The Associated Press. June 28, 2013. Ruling a boon for gay couples with foreign spouse. NPR.org