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Periscope by Niall O'Dowd

Deportation of gay illegal Irishman stopped by Obama administration

Posted on Sunday, May 08, 2011 at 02:08 AM

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An undocumented gay Irishman, Paul Wilson Dorman, is at the center of a major battle by the Obama administration to set aside the Defense of Marriage Act which states that marriage can only be between a man and a woman.

Attorney General Eric Holder has asked the Board of Immigration Appeals to set aside their ruling deporting Dorman to Ireland under the act on the basis that the act is now being challenged in court and may be set aside.

His actions have once again put the issue of gay marriage and whether it can be acknowledged legally in America back on the front pages.

Dorman has lived illegally in New Jersey where he has a civil partnership with another gay man. He was liable for deportation after his undocumented status was discovered.

Now however, in an extraordinary move, Holder has halted the deportation and asked the The Board of Immigration Appeals judges to reconsider the case and judge whether Dorman can be considered a spouse of an American citizen or if there are other extenuating circumstances to keep him in America.

The Obama administration stated in February that it would no longer defend the Defense of Marriage Act in court and this is the first step in that process.

Dorman and his partner had already decided to take their case to a federal appeals court because they believed the decision by the Board of Immigration Appeals was based on the Defense of Marriage Act which they believe is unconstitutional.

The fact that the Obama administration has now jumped in on their side is seen as highly significant.

People who are facing deportation can ask immigration judges let them stay in the U.S.

Lavi Soloway, a New York immigration attorney and founder of Immigration Equality, a group that advocates for the immigration rights of gay couples told the Associated Press the Dorman decisions is long overdue because there is clear discrimination against gay couples on immigration issues because spouses legally marriesdby law in several states cannot sponsor their partners

"This is the right path. Until Congress can pass legislation to remedy this, the executive branch can and should act," Soloway said.

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Seanmor | Oct 13, 2012, 02:46 PM EDT

Collie, I'm not so sure that there were NO restriction on immigrants from Ireland and Grmany when your grandpaents came here. Before I got muy visa in Dublin in the late '50s, I needed to have sponsor, pass a very stringent physical exam, prove that I didn't have a police record and agree to register with the Draft Board and serve in the military. Yes, I too had 'tenants' in my 5-roomed apt, all of whom had served in the U.S. Army as Irish citizens and would later marry and have children. That was after I had served 4 years in the Marine Corps.

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Colliegirl | May 09, 2011, 11:26 PM EDT

The way the law is now, an illegal alien taxpaying Guatemalan man, married to an American woman, who has been in the country for ten years and has a home and children here can be deported and has no legal way to remain or return. But an illegal Irish man who is living with another guy can stay?? What kind of justice is that? But in response to JudyStinger, my grandparents who came from Ireland and Germany did so legally too. But there were very few restrictions then. Today, there is NO WAY to do it legally for many good people, no quotas, no waiting lists to get on. If you have lots of money and are a doctor or computer scientist maybe they'll let you in. But if you're a poor hard working young Hispanic man or woman, forget it. Maiamar, I don't have an interest in the sex life of homosexual partners, but calling it marriage doesn't make it so. They have the same rights as any other American. My same sex roommate and I live in the same house. We're not married. If we started having sex does that give us rights we didn't have before? Can we lie and say we're having sex and get some tax breaks or some other 'rights' we don't already have? This just doesn't make sense.

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JudyStinger | May 09, 2011, 05:45 PM EDT

My Grandparents came from Scotland, Ireland and Germany and went through the legal process of this country. This is the Attorney General of the United States and he circumvents the law???????

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Maiamar | May 09, 2011, 11:26 AM EDT

Yeesh!!! I can't believe the amount of hate and religious crap being spewed on this. I ask you, HOW is someone's gay marriage going to personally affect you? Will your marriage fall apart simply because another couple marries? Everyone who supports DOMA seriously needs to get a life and get out of other peoples' bedrooms. You are spending WAY too much time worrying about what others are doing sexually. Clean up your own yard. . .

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Advocate | May 09, 2011, 10:57 AM EDT

Anti-American Socialists, Holder and the Obamaination have NO lawful authority to REFUSE enforcement of existing Federal Law! None at all! Therefore they MUST be prosecuted immediately! They have NO lawful authority to enter their personal opinions regarding enforcement issues; the Law is the law! This is just another part of our demise into complete Moral Bankruptcy! Furthermore, these two MEN can NEVER, nor will they ever be, 'married!' Simple definition of the terms 'married, marriage, Etc., etc." will clearly establish this as FACT! Call their relationship (sic), what you will, but marriage, NEVER! Marriage is a plan and design of Yahweh/God; His definition, not yours, nor mine! Thus, is seems obvious that His opinion is the ONLY one that matters. No Rule or law of man can change the definition of something --- PERIOD! We the SHEEPle are paying a big price to obtain the status of: "Moral Bankruptcy."

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JackFknTwist | May 09, 2011, 02:41 AM EDT

@John5319 : "EVIL" as you call it, simply does not exist. People do bad things.......so start taking person responsibility... As for "sovereignty".....that is exclusively from the people.......Remember "We the people........" Not "We God......"

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John5319 | May 09, 2011, 12:18 AM EDT

A NATION is defined by it's borders isn't it ???? So then why is the issue of an individual's SOVEREIGN choice brought up at all ??? Because the elite "political class" of leftists desire to create a moral CHAOS in line with the Saul ALisnky mantra of destruction "from within". Look at the bigger picture of the divisiveness at play here . . . it is the PLAN . . . to use Evil intentions to create that chaos, and it's MOTIVE to manipulate the ignorant (not knowing) for the "means to an end".... an EVIL end. There is the answer as to WHY all this is happening. Evil motives = Evil results = the destruction of Sovereignty, that sovereignty which is given NOT by Government .... but by God !!

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hollabackgurl | May 08, 2011, 09:34 PM EDT

By the way the majority of these couples came here legally and are in status. They are being denied green cards based on their marriages - whilst heterosexual couples are granted green cards for their marriages. That unfairness has to end.

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hollabackgurl | May 08, 2011, 09:31 PM EDT

Actually there are civil unions and/or marriage equality for gay people in most of the developed nations of the world already, including Ireland. The administration has said that the equal protection clause states that gay that DOMA is clearly unconstitutional. Any true patriot or conservative who isn't a blatant hypocrite has to admit that. America is behind the times on this issue and it serves no good to deport gay partners who are legally wed here or elsewhere. It's discrimination and its un-American.

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Woodman | May 08, 2011, 09:09 PM EDT

Like it or not there is no such thing as "gay marriage" under Federal law. Some states allow it but it's not clear if these marriage are recognized in states that don't allow it, So the US Attorney General is refusing to enforce the law because Obama disagrees with it? Has Obama declared himself a king now, who rules by fiat?

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DaveyBoy | May 08, 2011, 08:07 PM EDT

They have to let him stay if Onama is truly a human being with a heart. The government needs to keep him here and go after the millions of illegal mexicans in California who have taken jobs or are living out here and treating this state like mexico and throwing trash in the streets on other peoples yards and Let the Irish immigrants get citizenship right away.

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PhlutiePhan | May 08, 2011, 07:43 PM EDT

The real fact is that there are laws on the books in regard to an illegal immigrant "hiding in marriage". This would be an illegal marriage and liable for deportation. It was common in the past for illegals to pay for someone to marry and illegally enter the U.S. Therefore, this is not necessarily a "marriage" issue. It is a "con" to stay in the United States illegally.

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JackFknTwist | May 08, 2011, 07:31 PM EDT

@edmicca : the name is from a movie.......doubt you've seen it !

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JackFknTwist | May 08, 2011, 07:29 PM EDT

@eiriamach: you got it right........Irish catholics, GET OUT MORE !

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JackFknTwist | May 08, 2011, 07:27 PM EDT

@edmicca: your use of the phrase "gay lifestyle" shows just how stupid you are. @katieherk: no, marriage is for everyone, if they choose it, it is a civil right, not a religious one. If you want a religious marriage go to a church......there are lots of them......but don't deny the rights of others just because of your religious beliefs.

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