Ruling opens immigration system to gay couples

Alan Gomez | USA TODAY

WASHINGTON - Gay and lesbian couples will for the first time be able to secure green cards for their foreign spouses after the Supreme Court struck down a section of federal law that denied federal benefits to legally married same-sex couples.

Department of Homeland Security Secretary Janet Napolitano said she was pleased to see the justices strike down parts of the Defense of Marriage Act. She said her agency, which oversees the visa application process for all foreigners, will now allow U.S. citizens to petition for their same-sex couples just like other married couples.

"This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits," Napolitano said in a statement. "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."

Advocacy groups had been waiting for the official word from Homeland Security, but were confident that it would be coming.

"At long last, we can now tell our families that yes, they are eligible to apply for green cards," Rachel Tiven, executive director of Immigration Equality, a group that has been fighting for equal treatment in immigration law for 19 years, said in a statement.

The group estimates there could be 36,000 same-sex, bi-national couples that stand to benefit from the ruling.

The decision also means that the contentious issue of immigration rights for gay couples will not jeopardize an immigration bill moving through the Senate.

Sen. Patrick Leahy, D-Vt., has proposed a amendment that would allow U.S. citizens to petition for their gay and lesbian partners through the immigration system. He filed it briefly when the bill was being debated in the Senate Judiciary Committee last month but withdrew it after Senate Republicans who support the immigration bill said they would oppose it if the amendment was included.

After the Court's ruling Wednesday, Leahy said the issue was resolved and he would withdraw his amendment.

"With the Supreme Court's decision today, it appears that the anti-discrimination principle that I have long advocated will apply to our immigration laws and bi-national couples and their families can now be united under the law," Leahy said. "As a result of this welcome decision, I will not be seeking a floor vote on my amendment."