Integrity Legal

14th July 2011

It recently came to this blogger’s attention that United States President Barack Obama is apparently set to attend an upcoming ASEAN summit in Bali, Indonesia. In order to provide further information regarding such developments it is necessary to quote directly from the Jakarta Updates website, JakartaUpdates.com:

United States President Barack Obama is scheduled to attend the ASEAN Summit in Bali in September 2011. Obama’s arrival is hoped to bring a positive image for Bali and Indonesia in general in particular after the 2002 Bali bombing. “The arrival of President Obama is hoped to foster the trust of the international community regarding the security aspects of Indonesia and especially Bali’s readiness to hold a world-class event,” said a member of Commission IV DPRD Bali, Tjokorda Raka Kerthyasa, in Denpasar, on Tuesday (12/07/2011). According to Kerthyasa, this visit will have a very positive impact not only great for tourism in Bali, but also for Indonesia. That will mean Indonesian security has been acknowledged and Bali is considered a very special place…

The administration of this web log encourages readers to click upon the hyperlinks noted above to read this article in detail.

This news comes upon the heels of a recent trip by the Chairman of the United States Joint Chiefs of Staff to China. Clearly, both of these developments illustrate the increasing importance of the ASEAN (Association of Southeast Asian Nations) jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) and China. These events are also a testament to the increasing global economic dominance of Asia in general. Hopefully the discussions held at this upcoming summit will result in tangible benefits for the American people and the people of those nations which are members of ASEAN.

In news pertaining to the struggle for LGBT (Lesbian, Gay, Bisexual, and Transgender) Equality it recently came to this blogger’s attention that a highly respected advocacy organization for the cause of LGBT Equality recently submitted a brief to a New York Court in support of the rights of a same sex bi-national couple. To provide further insight it is necessary to quote directly from a press release posted upon the official website of Lambda Legal, LambdaLegal.org:

(New York, July 12, 2011) – Yesterday, Lambda Legal filed an amicus brief in a case involving Cristina Ojeda and Monica Alcota, a married binational lesbian couple from Queens, New York. The friend-of-the-court brief argues that immigration officials are incorrectly relying on an inapplicable case for authority to continue deportation proceedings while the constitutionality of the Defense of Marriage Act (DOMA) is being challenged…In the brief filed yesterday, Lambda Legal argues that USCIS cannot insulate itself from legal and political developments surrounding both DOMA and a 1982 case, Adams v. Howerton. Adams has been superseded by intervening legal and legislative developments including the emergence of jurisdictions where marriage or civil unions of same-sex couples are recognized, and ongoing federal court cases challenging the constitutionality of DOMA. Finally, since the law surrounding DOMA is developing, the brief urges immigration officials to administratively close or postpone all pending immigration matters involving married same-sex couples until DOMA is repealed or declared unconstitutional. Absent DOMA, there is no legal impediment to extending immigration protections to Ms. Alcota and spouses in similarly-situated same-sex couples…

The administration of this web log adamantly encourages those interested to click upon the relevant hyperlinks noted above to read about these developments. As a practical matter, “administrative closure” has been used in the past with respect to the K-3 visa (a United States travel document somewhat akin to the K-1 visa although designed for the foreign spouse of an American Citizen) where the underlying I-130 (the petition form for a CR-1 visa or an IR-1 visa) sees adjudication and arrival at the National Visa Center prior to, or contemporaneously with, the I-129f petition package. Therefore, usage of administrative closing in an immigration context is not altogether unheard of. That said, whether such a mechanism will ultimately be utilized under these circumstances remains to be seen.

As noted previously on this blog, the United States Citizenship and Immigration Service (USCIS) did attempt to place a hold upon deportations involving same sex bi-national couples. However, that hold was apparently rescinded by the Department of Homeland Security (DHS) citing the so-called “Defense of Marriage Act” (DOMA) as a valid reason for such action. Thereafter, it was noted that the Attorney General of the United States, Eric Holder, vacated a finding for deportation in a case before the Board of Immigration Appeals (BIA) involving a couple who had entered into a same sex civil union in the sovereign State of  New Jersey. It was recently noted that United States Bankruptcy Courts appear poised to begin adjudicating bankruptcy petitions from same sex couples. All of these developments have occurred contemporaneously with news that the Judiciary Committee of the United States Senate is preparing to hold hearings regarding the possible repeal of DOMA and the ramifications of adopting legislation such as the Respect for Marriage Act. The Respect for Marriage Act would hopefully provide federal recognition of a same sex marriage legalized and/or solemnized by an American State which permits such unions.

Strictly within the context of American immigration it should be noted that Representative Jerrold Nadler has introduced legislation such as the Uniting American Families Act (UAFA) in order to remedy the current legal discrimination imposed upon the LGBT community. Furthermore, it would appear that Representative Mike Honda‘s Reuniting Families Act includes UAFA-like language which would attempt to correct the current inequities borne by same-sex bi-national couples.

For related information please see: Full Faith and Credit Clause.


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