In a closely watched case, a gay undocumented Irishman has had his deportation order suspended and his case “administratively closed” as the Obama administration seems intent on taking steps to halt deportation of gays who have married.
The Immigration Appeals Court has suspended the deportation of Paul Wilson Dorman, 50, a gay undocumented Irishman originally from Newtownards, Co. Down who is living in New Jersey.
Dorman, who has been in a long-term relationship with John Paul Frederick, Jr., 48, since 1997, was flagged for deportation when he was waiting to meet his son, who is a minor, at the airport. A member of ground staff became suspicious of Dorman’s immigration status and reported him to the authorities, Dorman’s attorney told the Irish Voice.
The Dorman decision was eagerly awaited by other gay married couples as a test case of whether the Defense of Marriage Act (DOMA) which does not recognize gay marriages would continue to be applied by the Obama administration. Dorman had no other grounds for appealing other than he was legally married.
Instead the administration has sent the case to the United States Citizenship and Immigration Services to have Dorman’s possible green card adjudicated on the basis of his New York State marriage.
Dorman’s lawyer Nicholas J. Mundy stated, “This move represents another clear and unambiguous signal that the administration is relaxing enforcement of the Defense of Marriage Act (DOMA) and taking steps to delay and prevent the deportation of same-sex couples and the devastating discriminatory impact of DOMA."
Mr. Dorman and his same-sex spouse were previously joined in a New Jersey State civil union on June 1, 2009, and thereafter married in the State of New York on March 27, 2012. They filed a request for a relative visa petition, the first step toward obtaining lawful permanent residence, with the United States Citizenship and Immigration Services on May 2, 2012.
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Deportation of gay illegal Irishman stopped by Obama administration
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Recognizing Mr. Dorman's right to seek adjustment of status (a 'green card') before USCIS on the basis of his New York State marriage, the Department of Homeland Security agreed to 'administratively close' Mr. Dorman's deportation case in the interim, virtually extinguishing Mr. Dorman's fear of imminent deportation from this country.
'Administrative Closure' means that Mr. Dorman and the government both remain free to re-calender his deportation case before the Judge to resolve the legal issues surrounding DOMA that were previously posed to the Immigration Judge by the Board of Immigration Appeals.
For the time being, however, this action by the government represents an undeniable message that the current administration would prefer to diminish the discriminatory impact of DOMA in favor of exercising humanitarian discretion, as they continue to scrutinize and question DOMA's constitutionality. This decision gives an additional reprieve to all same-sex couples facing deportation who have been anxiously awaiting a decision in Mr. Dorman's case.
This decision also has far-reaching ramifications for everyone adversely affected by DOMA, and signals another blow to it's constitutionality and not just in an immigration context.
Had Dorman been heterosexual and married to a woman his application for a visa would have been granted. U.S. immigration law does not recognize same sex marriages with regards to granting immigration benefits.
For Dorman it all comes down to this -- does he have a legal spouse? “Marriage has always been delegated to the states unless and until the federal government steps in and trumps it. That’s what happened with DOMA.”
Mundy believes that the groundswell in support of equal treatment for gay unions is unstoppable.
“You have to win the battles in order to win the war."
23 Comments
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Switch to the desktop site to post a comment.Schon | Jul 25, 2012, 07:42 PM EDT
Dissembling seanomelb, either you can't read or your are deliberately misrepresenting what I have said in my previous posts. I condemn the murdering bigots and their supporters from both the republican and the loyalist populations in the Ireland. If you were a sane person then I would be happy to agree with your criticism of murderers from ALL factions, however, knowing you to be unbalanced, I fear that I am at a loss to explain why you got married in a Presbyteian Church. It could of course be because you can't read, but then I expect that your wife, (you did marry a female didn't you?) would have said. Irish nationalism has since the 1700's been the provence of the dissenter, the protestant population that did not belong to the Anglican church, Church of Ireland or Episcopalian Church. So I can't understand your pathological hatred of the Ulster protestant. They have been marginalised by the Brits and the Irish throughout history but you are prepared to overlook the republican/Roman Catholic atrocities but are highly indignant when the proddies resort to the same tactics in their defence. How about trying to be truthful in future and a bit less of the bigotry. Luv & kisses
seanomelb | Jul 23, 2012, 07:31 PM EDT
Your bleeding heart post is typical old schon. You condemn nationalists for carrying guns and you condone by your silence loyalist terrorist for their murders. If I am a religious bigot why then was I married in the presbyterian church. I have never viewed Irish nationalism with a religious focus.And you call me a bigoted religious hypocrite your postings would be amusing if they were not so sad and puerile.
Schon | Jul 23, 2012, 04:31 AM EDT
seanomelb... Is everyone who disagrees with you a bigot? And lets face it, you are no paragon for respecting those who disagree with your opinions. You're a hypocrite! And what about guns, you apologist for the murderers in Ireland. You who supports guns for murdering Irish rebels but not for the poor Unionist who suffered under the IRA reign of terror for 30 years and who now have to put up with murdering Sinn Fein politicians discriminating against protestants in allocating jobs. More hypocrisy. Do you support the many random murders in the States? uppinko is entitled to his views, especially any religious views he has. Why is it that failed Irish Catholics who claim to be atheist always attack the opinions of other, non-Roman Catholics. But then what can you expect from a religiously bigoted hypocrite such as you are.
pilib04 | Jul 22, 2012, 03:03 PM EDT
Paul's gay? How does that change anything?
pilib04 | Jul 22, 2012, 03:02 PM EDT
briano, "strait?" paddyranger makes a fascinating point. i thought you had to jump through hoops to get a spouse a green card. my guess is, that Paul is Irish and the President is looking out for one of his own. Helps to have an Irish President. Say it loud and say it proud: Is feidir linn! The way I see it, Paul being from Down and Northern Ireland is an added bonus.
hollabackgurl | Jul 22, 2012, 10:19 AM EDT
The way conservatives compare same sex marriage to marrying a dolphin or a dog is shameful. They won't allow those couples their dignity or respect because they don't think they deserve them. That's what's behind their objections: disrespect for anyone who disagrees with them.
seanomelb | Jul 21, 2012, 08:13 PM EDT
uppinko I suppose you are also against gun control. Diminishing the argument with your silly "DOG" "CAT" analogy demeans the debate.I love the "false Christianity" of the right who have no respect for those who disagree with them.
BrianO | Jul 21, 2012, 10:55 AM EDT
Time to remove the loophole of citizenship by marriage be strait or not.
hollabackgurl | Jul 21, 2012, 10:42 AM EDT
He would not have fallen out of status and become undocumented in the first place if his marriage were treated the same as any heterosexual one. It's time to end this pointless and cruel one-sided discrimination.
paddyRanger | Jul 21, 2012, 08:47 AM EDT
If he was straight and married to an American citizen would he be deported for being illegal?? sent back to Ireland and told to enter USA legally.........is he getting preferential treatment because he is Gay? or is he getting treated just the same as if he was straight ??
bonjouryall | Jul 20, 2012, 07:58 PM EDT
Sorry to inform several of you that the point of the article is that Obama is NOT enforcing DOMA albeit without any legal authority to do so (although I think everyone will note it is politically very useful). Notice the part about DOMA "does not recognize gay marriage". That is why the case is important. Also, there is little point in name-calling or racial slurs. The people that do this put themselves in the same boat as those they think they're above; they are inviting the opposition to call themselves names; and quite frankly they indicate they can't use real arguments.
seanomelb | Jul 20, 2012, 06:27 PM EDT
Typical of murph46 and his anti gay tea baggers on this site,not an ounce of compassion or respect for anyone except for other bigots
hollabackgurl | Jul 20, 2012, 05:45 PM EDT
If they can get married legally (and they can) then they deserve equal rights with all other married couples, including immigration rights where one partner is a US citizen, as is the case here. If they were heterosexual no one would even think to discuss it. They deserve the same rights, no more and no less.
alisaann | Jul 20, 2012, 04:30 PM EDT
how long has Mr. Dorman been in the USA?....if he's undocumented....while i'm glad he's being allowed to stay with his spouse and such...he needs to become a USA CITIZEN...and they had better HOPE, that obama gets another term in the white house....because if romney gets in...he'll make it FEDERALY ILLEGAL for gays to marry. alisa
Woodman | Jul 20, 2012, 03:12 PM EDT
The immigration laws are just a big joke. You are rewarded for breaking them and an immigrant your are a stupid sap for trying to come here legally. First of all since 1965 the law has been no Irish need apply. So if you get here for a visit another angle to game the system is if you are shacking up with an American Citizen and it's an "abusive relationship" - you can use that to get a green card. Be sure and call the cops to report the abuse, so you will have a record for the INS. There is no limit to what the US taxpayer will pay, so make sure you bring your sense of entitlement.
Ms.Gail | Jul 20, 2012, 02:59 PM EDT
If you're going to worry about illegal aliens, worry about the drug cartels building high tech tunnels under the Mexico-US border. Not about one spouse of a citizen. When I was a little kid the KKK was still burning crosses in front of the homes of blacks,interracial couples and Catholics. Let's not go there.
Eschetic | Jul 20, 2012, 11:43 AM EDT
Murph46 and other presumed bigots intentionally miss the point: the deportation cancellation was simply FOLLOWING the law, not avoiding it. Legal marriage to a U.S. citizen will usually bar deportation unless the "marriage" is a fraud to somehow avoid a law since the government will not intentionally rip apart legal couples. Stable, long term relationships have always been recognized as in the best interests of society. Mr. Dorman's marriage is legal (and under the administration of an aggressively right wing New Jersey Governor Christie no less, NOT President Obama, whether you personally happen to support it or not). It was long ago settled by the Supreme Court (Loving vs. Virginia back in the 1967) that a marriage is such a basic human right that if ONE state recognizes it ALL states must. All the bigoted right wing attacks on so called "gay marriage" are essentially rear guard eye-wash; the meaningless face saving sputterings of the old guard who has essentially lost the argument. The Dorman case is merely the fully legal flowering of the logical implications of that 1967 case enforced by a MODERATE administration (no how much the bigots and political hacks of my own party - I remain a registered and active Republican - scream otherwise) FOLLOWING THE LAW as it must.
hollabackgurl | Jul 20, 2012, 11:40 AM EDT
Here's the test: when you get married your partner becomes a candidate for a green card. That's the law of the land. It's simple.
hollabackgurl | Jul 20, 2012, 11:34 AM EDT
This is troll bait for the ugliest people in America and lookit' they're here commenting already. Their responses are predictable in their heartless bigotry and homophobia. We would expect nothing less from them.
Mousemess | Jul 20, 2012, 10:27 AM EDT
BrianO, How do we know you are straight, is there a test or something?
Murph46 | Jul 20, 2012, 10:18 AM EDT
Welcome to the socialistic Obama administration.Weigh it not on its legal criteria (illegal alien) but give him a pass cause he is gay!Mr.Obama we don't understand an administration that sells guns to cartels that kill our guards,we don't understand this ruling -please explain!
BrianO | Jul 20, 2012, 10:12 AM EDT
How do we know he's gay, is there a test or something?
TisEyerish | Jul 20, 2012, 10:00 AM EDT
Should he be deported if he is in the US illegally...absolutely...along with the hundreds of thousands of other illegals who are here. Should he be deported because he is married to another man? Absolutely not! Frankly, I don't think his being gay has anything to do with the deportation...why is the back-story being made the focus of this article?