On June 26, 2013, the United States Supreme Court held that the Defense of Marriage Act is Unconstitutional. While same sex marriage based immigration benefits are not granted under current law, there does appear to be relief on the way for same-sex couples seeking immigration benefits. Janet Napolitano, Secretary of Homeland Security, issued the following statement, indicating that immigration benefits for same sex couples may not be far away:
“I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. 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."
Gupta & Trujillo applauds the recent DOMA decision and DHS's efforts to extend immigration benefits to the gay and lesbian community.