Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Obama admin. set to deport married spouse, Henry Velandia, on Friday. Claim DOMA as reason.

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread		 This topic is archived.
Home » Discuss » General Discussion Donate to DU
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:19 PM
Original message
Obama admin. set to deport married spouse, Henry Velandia, on Friday. Claim DOMA as reason.
Edited on Wed May-04-11 06:22 PM by Bluebear
Josh Vandiver and Henry Velandia are married. If they were straight, Henry could apply for legal status instead of facing deportation on Friday. And, it's the Obama administration is pushing for Henry's deportation -- and, they're citing DOMA as the reason. Stop the Deportations explains:

All of us in the lesbian and gay binational couple community felt a surge of excitement when President Obama and Attorney General Eric Holder announced on February 23 that they would stop defending Section 3 of DOMA in federal court challenges. Nevertheless, Holder made it clear in a letter to Congress that the administration would continue to enforce DOMA until it is overturned by courts or repealed by Congress. In doing so, the Obama administration says, it is simply abiding by its constitutional duties, executing the laws passed by Congress.

However, the Obama administration’s commitment to enforce DOMA has had an unexpected effect. At Department of Homeland Security (DHS) agencies such as Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE), DOMA seems to be growing stronger, not weaker. DOMA is morphing into something more powerful and more disturbing than a simple “marriage definition” statute. It has become Super DOMA. (emphasis added)

The administration—guided by a political concern that they not be perceived by their opponents as ignoring DOMA—now cites the need to enforce DOMA to justify inaction for married, same-sex binational couples even in instances where DOMA does not preclude executive branch action. Just last week, DOMA was the reason given by government attorneys to avoid exercising prosecutorial discretion in Josh and Henry’s case, a context where DOMA would not even have been mentioned before February 23.

This doesn't have to happen. The President has the power to stop these deportation. But, there's a political calculation at play -- another "maybe if we do what Republicans want, they won't be mean to us" calculation...

http://gay.americablog.com/2011/05/obama-admin-set-to-deport-married.html
Printer Friendly | Permalink |  | Top
Snoutport Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:21 PM
Response to Original message
1. Gay people should stop paying taxes until they fix this.
Printer Friendly | Permalink |  | Top
 
xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:21 PM
Response to Original message
2. Recommend
Printer Friendly | Permalink |  | Top
 
Poll_Blind Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:22 PM
Response to Original message
3. You can always count on Obama!
:bounce:

PB
Printer Friendly | Permalink |  | Top
 
Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed May-04-11 06:23 PM
Response to Original message
4. Deleted message
Sub-thread removed by moderator. Click here to review the message board rules.
 
dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:25 PM
Response to Original message
5. It's still the law of the land.
And Obama has pledged to uphold the law.

Therefore...change the law.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:29 PM
Response to Reply #5
6. "It's the law of the land! It's the law of the land! It's the law of the land!"
BRAWK! It's the law of the land!




If you would actually read and not knee-jerk everytime an immigrant thread comes up you would learn that Obama has the power not to tear this family apart.
Printer Friendly | Permalink |  | Top
 
dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:47 PM
Response to Reply #6
8. I do think that as president you enforce what is on the books.
It's a difference in philosophy I imagine.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 07:10 PM
Response to Reply #8
9. Like "moving on" from prosecuting torturers, for instance? Got it.
Printer Friendly | Permalink |  | Top
 
dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 07:48 PM
Response to Reply #9
11. That was a little convoluted with so called lawyers making odd cases
Those telling the interrogators it was legal should be investigated.

I suspect that won't go over well at this time though. I'm not sure we would like the debate.
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 08:17 PM
Response to Reply #11
16. 'I'm not sure we would like the debate.' - well, if THE LAW OF THE LAND was violated, you know....
Printer Friendly | Permalink |  | Top
 
tnlefty Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 08:06 PM
Response to Reply #6
13. Beautiful pic of a parrot...
but I thought that DOJ wasn't going to be fighting, nor enforcing DOMA...what did I misunderstand? And I seem to remember a high profile law office backing off of the DOMA litigation, and that the NRA had dropped that particular law firm for its' refusal....

What the hell is going on here?
Printer Friendly | Permalink |  | Top
 
treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 08:13 PM
Response to Reply #6
14. How?
Even before DOMA, the feds did not recognize gay marriage for any purpose.

How would any POTUS have this power, or in fact not be wrong for not having a congress passed law as is usually required?
Printer Friendly | Permalink |  | Top
 
nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 06:44 PM
Response to Reply #5
7. Obama did not pledge to uphold the law
Edited on Wed May-04-11 06:45 PM by nichomachus
He never "pledged" to uphold the law. He swore to uphold the Constitution and he's already said he thinks DOMA is unconstitutional. Therefore, he has violated his oath of office by upholding something that violates the Constitution.
Printer Friendly | Permalink |  | Top
 
Capitalocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 07:48 PM
Response to Reply #7
12. Oh, snap
Good point
Printer Friendly | Permalink |  | Top
 
treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 08:15 PM
Response to Reply #7
15. Absolutely wrong
a president who did this would be abusing the power of the office.

They'd don't get to pick and choose laws to enforce. If the courts say a law is constitutional, it has to be enforced, even if a President disagrees with that ruling. A president is not authorized to enforce his personal opinion.


Printer Friendly | Permalink |  | Top
 
nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 11:51 AM
Response to Reply #15
21. Obama has already refused to "uphold the law" on 17 other issues
He signed bills and attached signing statements saying he objected to provisions of the law and wouldn't comply with them.
Printer Friendly | Permalink |  | Top
 
treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 04:57 PM
Response to Reply #21
22. Signing statements are about interpretation of the law
the executive branch is giving notice about how they will interpret the law. Any person who does not like that can challenge it in court. After the court rules on a specific issue, the President will then enforce the law as the court ruled, now having a precedent.

Your 17 items are vague and undefined and it is likely your conclusory sentence is an emotional reaction to what Obama did, rather than what he said, based on the idea that all signing statements are bad. Bush abused them, but it does not follow that they are always a bad thing.

Printer Friendly | Permalink |  | Top
 
Oasis_ Donating Member (201 posts) Send PM | Profile | Ignore Wed May-04-11 08:24 PM
Response to Reply #7
17. Huge difference
You simply want him to ignore laws he doesn't agree with? That's precisely the reason we have three independent branches of government. The Legislative branch voted on and passed it. It's up to them repeal it, or a Federal court to overturn it. Barring that, it's the law of the land.

A President does not possess plenary authority. He can't simply declare something Unconstitutional and refuse to uphold the law based on his own questions of aforementioned Constitutionality.

Oasis
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 02:08 AM
Response to Reply #17
19. Why is he ignoring laws against torture? Why is it only gay issues that bring this passion about law
Printer Friendly | Permalink |  | Top
 
treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 04:59 PM
Response to Reply #19
23. He disagrees with you on certain things
Believe it or not, disagreement about the law and how it is applied occurs every day in courtrooms and appeals courts throughout the country.

What about those people who think the income tax is unconstitutional? What if one of them got elected President? That President "could" just refuse to appoint tax examiners. But we'd say he had to follow the law as is in that case, and we would be right.

Printer Friendly | Permalink |  | Top
 
JoeyT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 05:40 PM
Response to Reply #19
24. It isn't just gay issues.
It's also cancer patients trying to live without pain.

Anything else appears to be ok, though.
Printer Friendly | Permalink |  | Top
 
nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 11:48 AM
Response to Reply #17
20. Sure he can -- he's already done it on other issues
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-05-11 08:20 PM
Response to Reply #20
25. Shhh that breaks their agenda
Printer Friendly | Permalink |  | Top
 
Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-08-11 01:07 AM
Response to Reply #5
26. Oh, my, a judge adjourned the deportation for now. He must not uphold the law of the land!
http://gay.americablog.com/2011/05/henris-deportation-has-been-halted.html

:)
Printer Friendly | Permalink |  | Top
 
Commie Pinko Dirtbag Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-08-11 09:59 AM
Response to Reply #26
27. Oh, now you ruined dkf's day.
:rofl:
Printer Friendly | Permalink |  | Top
 
Starry Messenger Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 07:19 PM
Response to Original message
10. recommend.
Printer Friendly | Permalink |  | Top
 
KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-04-11 09:14 PM
Response to Original message
18. kick
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list Thu May 09th 2024, 05:08 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC