ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW


Chinese Immig. Daily


Connect to us

Make us Homepage


Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

< Back to current issue of Immigration Daily

Bloggings on Deportation and Removal

by Matthew Kolken

When Real Life Meets Art: The Continued Enforcement of DOMA in the Immigration Context

I was just  introduced to a new film starting Jamie Lynn Sigler of Sopranos and Entourage fame that tackles the subject of the continued enforcement of the Defense of Marriage Act (DOMA) in the immigration context.

Here is a summary of the film:

Jack Edwards is a British gay man living in New York. After his brother gets killed in a brutal car crash Jack is left to raise his niece with his sister-in-law Mya. When Jack's work visa gets denied he marries his best friend Ali for a green card in a desperate attempt to keep his family together. After he meets Spanish American Mano Alfaro and his marriage of convenience starts to crumble, Jack is faced with impossible decisions for his family, friends and the man he loves.

And the trailer:

On April 2, 2012, Immigration Equality, on behalf of five same-sex couples, filed suit in U.S. District Court in New York challenging the constitutionality of DOMA.  The suit alleges equal protection violations stemming from the denial of immigration benefits due to gender and sexual orientation.

Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, U.S. Citizenship and Immigration Services Director Alejandro Mayorkas among others, are the named defendants.  

The Obama administration continues to deny immigrant petitions filed on behalf of legally married same-sex spouses, and in most cases has been moving forward with deportation proceedings after the denial.

It will be very interesting to see if the Obama administration defends the law in District Court, or concedes its unconstitutionality.

About The Author

Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.