Following the US Supreme Court ruling the Defense of Marriage Act unconstitutionally denies federal benefits to married same-sex couples on June 26, 2013, Homeland Security Secretary Janet Napolitano issued the following statement:
I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits. I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.
Since this does not specifically state same-sex married couples can now obtain immigration benefits, a more formal policy statement is expected on this subject in the future.