Presidential Promises and the Uniting American Families Act: Bringing Same-Sex Immigration Rights to the United States

Abstract

Binational same-sex couples in the United States all too often face a difficult reality. Due to discriminatory immigration laws, which prevent United States citizens from sponsoring their same-sex partners for permanent residence, same-sex couples must choose between deportation and separating their families. The Uniting American Families Act, however, offers a remedy to this unacceptable inequality. Yet the Act currently does not have the congressional support it needs to pass. This Note argues that President Obama, as the country’s Executive, should use his “bully pulpit” to inspire the Act’s passage. Specifically, this Note examines the manifestation and extent of Executive power in relation to immigration, the timeliness of the issue, and the recent broadening of Executive power to support a conclusion that Mr. Obama should take such action.