Equality Advocates Rally to Save Binational Gay Couple from Enforced Separation

A number of GLBT equality organizations have planned a May 6 rally in support of a gay binational couple facing enforced separation. The rally is slated to take place "in the shadow of the Statue of Liberty," according to a May 5 joint press release.

The two men, who live in New Jersey, "will endure deportation hearings, facing the stark reality of living under the Defense of Marriage Act," the release said. "In the shadow of the Statue of Liberty, GetEQUAL working with a host of other LGBT organizations--including Stop the Deportations, All Out, Courage Campaign, Garden State Equality, Immigration Equality Action Fund, Marriage Equality USA, Out4Immigration, Princeton Equality Project, and Queer Rising--to make clear that these deportations of LGBT spouses must stop immediately.

"The rally outside the Newark Federal Courthouse is taking place as Josh Vandiver of Colorado and Henry Velandia of Venezuela face deportation hearings before the court," the release continued. "Despite legally marrying in Connecticut in August 2010, Vandiver (a Ph.D. student at Princeton University) and Velandia (a salsa dancer, instructor, and founder of a Princeton-based dance studio) are facing a nightmare scenario--being ripped apart from one another at the hands of the U.S. government."

Heterosexual Americans have the right to sponsor significant others of the opposite sex for green cards. But gay and lesbian binational families do not enjoy the same rights and protections, or any federal level rights and protections, under the provisions of the anti-gay 1996 "Defense of Marriage" Act.

"As a result, Josh cannot sponsor Henry for a green card unlike all straight married couples in the same situation," the release noted. "A loving, legally married couple, are now at risk of being torn apart with Henry's potential deportation looming on May 6."

But the couple--and their supporters--are not simply lying down and giving in, the release said.

"Josh and Henry became tireless advocates for LGBT bi-national couples in the United States, all the while fighting to stay together and save their own marriage. Last fall they launched the 'Stop the Deportations' campaign to raise awareness to the cruel impact that DOMA has on married same-sex couples and to challenge DOMA in immigration court proceedings."

"I never intended nor wanted to be an activist," Vandiver said. "I have to do what is necessary to save our marriage and to keep the man I love in this country."

Vandiver went on to say, "On May 6 Henry could be ripped away from me, but that doesn't have to happen. The Obama administration can immediately stop the deportations of spouses of gay and lesbian Americans. This would ensure that Henry and I aren't torn apart."

Even if the White House does nothing to intervene, gay and lesbian families may eventually have recourse to the law. The Uniting American Families Act, reintroduced in the U.S. House of Representatives on April 14 by Congressman Jerrold Nadler, together with a number of co-sponsors, would redress some of the inequalities that same-sex families face, by allowing committed American partners in same-sex relationships with citizens of other countries to act as sponsors for their significant others.

Moreover, the Respect for Marriage Act was reintroduced to both the Senate and the House on March 16. The bill would repeal DOMA and extend the same rights and protections that heterosexuals enjoy to same-sex couples.

But relief from Congress is likely to take years. Binational couples facing imminent deportation of one family member do not have the luxury of time.

"Their predicament and that of tens of thousands of other LGBT couples was thrust in to the spotlight again in March after the Obama administration declared they would no longer defend DOMA in the courts," the release went on. "Despite hopes that this would mean the federal government would cease deporting LGBT spouses, the administration continues to enforce DOMA tearing families apart despite President Obama's continued assurances that his administration is only prioritizing criminal deportations.

"These men are going through what no couple in America should have to go through, choosing between love and country," said Robin McGehee, director of GetEQUAL. "Henry and Josh a loving couple. America is better than this, and I urge President Obama and Secretary Napolitano to act now! Save this relationship and stop deporting our families."

GetEQUAL is "a national grassroots organization whose mission is to empower the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community and our allies to take bold action to demand full legal and social equality, and to hold accountable those who stand in the way," the release said.

"Stop the Deportations is a campaign launched in October 2010 by a group of married binational couples working with attorneys Lavi Soloway and Noemi Masliah, who are founders of Immigration Equality and partners in the law firm Masliah & Soloway," the release added. "The firm's purpose is to raise awareness of the cruel impact of the 'Defense of Marriage Act' on married gay and lesbian binational couples and bring an end to that discrimination."

The couple have already been the beneficiaries of efforts from Rep. Rush Holt, who cited their case in a letter to the federal Department of Homeland Security last month pleading on behalf of their family and others like them.

Holt referenced the announcement that the justice Department would no longer defend DOMA in federal court on Constitutional grounds. With that announcement in mind, Holt wrote, "I am asking you to suspend the deportation of all spouses of citizens in a same-sex marriage until a decision is reached on DOMA.

"This is the right thing to do for Henry, Josh and countless others who are being victimized by this discriminatory and unconstitutional law," added Holt.

Lavi Soloway, attorney for the New Jersey couple, says that at any given time, a few hundred couples in similar situations as his clients face deportation proceedings.

"All of them live with the fear that what Josh and Henry have on May 6 will one day be on their schedule as well," said Soloway, who practices in New York and Los Angeles. "They all have this barrier to resolving their immigration status."