Gay Man Faces Deportation Despite Legal Marriage

If ever there was a perfect example of how the Defense of Marriage Act harms LGBT Americans, the story of Henry Velandia and John Vandiver provides it. Henry and Josh are a gay couple in New Jersey, and in August 2010, they traveled up to Connecticut to get married.

It's a beautiful story. Henry calls Josh "the love of his life," and the two hope to build a long and happy future together. Of course, there's one thing that might get in the way. And that would be the U.S. government, which is threatening to deport Henry back to Venezuela, forcibly separating the couple.

Current immigration policy in the United States prevents Josh, an American citizen and Princeton graduate student, from sponsoring Henry. Unlike straight married couples, who have their relationships recognized by the federal government and can sponsor one another for citizenship here in the States, gay couples don't have that right. The Defense of Marriage Act prevents the federal government from recognizing same-sex marriages, regardless of the fact that five states and the District of Columbia have marriage equality laws on their books.

The end result is that loving, committed and legally-married couples like Henry and Josh face a reality where they might be torn apart by the U.S. government. Talk about unjust.

Freedom to Marry has been all over this story, pointing out if the Defense of Marriage Act was repealed — which was one of the promises that President Barack Obama made as a candidate back in 2008 — cases like this would be saved for the history books.

"Each day, the Defense of Marriage Act  tears apart thousands of bi-national families who have been separated or are facing deportation. The Defense of Marriage Act excludes legally married same-sex couples from the more than a thousand federal responsibilities and protections of marriage, including Social Security survivor benefits, fair treatment by the IRS, and the ability to sponsor a spouse for a visa or citizenship," the organization writes.

Earlier this week, Immigrant Rights blogger Prerna Lal also covered this story, pointing out that Josh and Henry are trying to raise awareness about their situation to both stop Henry's potential deportation, but to also show the inequalities that exist for LGBT people within current U.S. immigration policy. A Facebook page has emerged in order for folks to lend support to Henry and Josh, and activists are feverishly writing the Department of Homeland Security and New Jersey U.S. Senators, hoping that they can step up and stop Henry's potential deportation back to Venezuela.

Add your voice here. And by all means, add your voice to Freedom to Marry's petition reminding Congress and President Obama of the need to repeal the Defense of Marriage Act. Each day that passes with the Defense of Marriage Act on the books, is another day where an innocent couple like Henry and Josh face the threat of being forcibly broken apart by the U.S. government. And that's unacceptable for a country rooted in the principles of equality, liberty and the pursuit of happiness.

Photo Credit: Stopthedeportations

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