Prop 8 Ruling Could Clear Hurdle for Immigration Reform

Now that the Supreme Court has struck down the Defense of Marriage Act, the decision is helping clear a hurdle for immigration reform.

More than 25,000 same-sex binational couples are now eligible to sponsor their spouse and gain legal status.

Before today's decision a U.S. Citizen was barred under the Defense of Marriage Act from sponsoring a same-sex foreign national spouse for a green card. But now same-sex couples will receive the same federal benefits as heterosexual couples.

“They should be given equal protection that their application should be adjudicated by immigration at the very least and hopefully get approved and get their status,” said Immigration Attorney Chris Macaraeg who applauds the decision.

The extension of immigration benefits for same-sex couples had previously been a major sticking point in negotiations over the Senate's immigration reform bill.

Democrats were forced to abandon an amendment that would have recognized same-sex marriages after Republicans objected.

While immigrant rights groups call this a huge win for immigration reform, those who oppose the ruling, say marriage should remain between a man and a woman.

“They’re forcing something that the people don’t want,” said Larry Barnes, a San Diego resident who opposes the Supreme Court’s decision. “The majority voted three times, and then they changed the legislation for the fourth time. So what are we supposed to do?,” he added.

This is not to say that getting a green card will be easy for same-sex couples.

They'll still have to go through the same process as heterosexual couples.

In some cases, this involves a spouse traveling to their foreign-born country and staying there for several years while their application is being processed.

Contact Us