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Obama Administration Still Enforcing Defense of Marriage Act in Immigration Context

Published: Dec 21, 2011 9:30 am

United States Citizen Frances Herbert and her spouse, Japanese-born Takako Ueda, just learned that the Obama administration will not recognize their marriage for immigration purposes, which may result in Ueda's deportation from the country.


The couple were legally married in Vermont on April 26, 2011.  The immigrant petition that Herbert filed on Ueda's behalf was just denied on December 1, 2011.  The denial was a direct result of the mandate of the Defense of Marriage Act (DOMA).

The denial letter contained the following language: "The DOMA applies as a matter of federal law whether or not your marriage is recognized under state law." "Your spouse is not a person of the opposite sex. Therefore, under the DOMA, your petition must be denied."  The denial was issued despite U.S. Attorney General Eric Holder's position that DOMA is unconstitutional.

According to Immigration Equality, there are 36,000 American families that will be destroyed by deportation as a direct result of DOMA.
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