ImmigrationObama, Democrats walking a tight rope on gay couples and immigration reform

Gay rights organizations are putting pressure on President Obama to offer more support to changing the bipartisan immigration bill so that the foreign partners of gay Americans would have the same rights as the foreign partners of straight Americans.

The Hill notes that Obama and many Democratic lawmakers are caught between the the wishes of an important constituency in the Democratic Party, and a desire to see the immigration overhaul measure passed. Adding an amendment for same-sex couples, as Senator Patrick Leahy (D-Vermont) has done, could push many House Republicans who otherwise would have voted for the bill to vote against it.

“Of course it would be helpful,” Ty Cobb, senior legislative counsel at Human Rights Campaign told the Hill.

Senator Charles Schumer (D-New York), who co-sponsored Leahy’s Uniting American Families Act,  said the issue has given him trouble sleeping.

The Hill reports that gay rights advocates have enjoyed some success on the issue in the past. The White House has slowed deportations of immigrants in same-sex marriages, and DHS secretary Janet Napolitano said that illegal immigrants in same-sex marriages with American citizens would be considered low priority cases for deportation.

Sources in Washington suggested that Obama could extend equal rights to same-sex couples through an executive order after an immigration bill passes. When Schumer was asked about the possibility, he quickly responded:  “Ask the White House.”

Michael Cole-Schwartz, a spokesman for Human Rights Campaign, a gay rights organization, told reporters that an executive order to fight the Defense of Marriage Act (DOMA) is highly unlikely.

“The Immigration and Nationality Act defines who is eligible for family-based immigration. And, because of the Defense of Marriage Act, same-sex spouses are not eligible. The president cannot issue an executive order that would repeal DOMA or amend the INA.”
The Supreme Court is currently considering a challenge to DOMA, and Senator Dick Durbin (D-Illinois), along with other Democrats, hope that the court will declare DOMA unconstitutional, eliminating the need for congressional action. Gay rights advocates, however, are concerned the court will not reach a decision before the Judiciary Committed completes is review of the Senate immigration bill, which is likely to happen before the Memorial Day break.