LAST WEEK, Attorney General Eric Holder asked a New Jersey appeals court to reconsider the deportation of an immigrant involved in a homosexual civil union, sending the clear message that the Justice Department does not intend to enforce the Defense of Marriage Act (DOMA). The day following Holder’s action, a Connecticut judge responded by suspending deportation proceedings against another homosexual immigrant. 

Under DOMA, legal residency cannot be extended to partners of citizens in civil unions or so-called same-sex “marriages.” Many thousands of immigrants would like citizenship on the basis of homosexual relationships, their organized advocates say. According to The New York Times, a Justice Department official stated on Saturday that Holder would continue to enforce the law. But clearly this is not true. 

The implications of legally-recognized same-sex unions with regard to immigration rulings are rarely considered in the public debate on the issue. But once a same-sex union is accorded the same recognition as those of heterosexual couples, it is impossible to logically deny the claims of those in homosexual unions who want to gain U.S. citizenship. The possibilities for short-term unions undertaken for practical advantage are enormous.

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