Single seniors should marry DACA kids

[Jim Lane]

96. You've misunderstood. You're free to marry whom you choose.

What you're not free to do is to deceive the government, under oath, about the legally relevant aspects of that marriage.

If you marry an undocumented immigrant (DACA or not), and your spouse continues to deal with the ICE on whatever other grounds are available, there's no problem. If, however, your spouse seeks permanent residence ("green card" status) on the basis of being the spouse of a citizen, then the government is entitled to investigate to determine the truth of the assertion.

You have no claim that this inquiry is an invasion of your privacy, because you put the matter in issue. For example, your medical records are private. The government can't force your doctor to testify, even when that testimony would be relevant to some court case. But if you're injured in an auto accident, and you bring suit for the injuries, you're putting your physical condition in issue. The defendant can compel the hospital to turn over your records and can compel your treating physician to testify about what he or she observed as to your condition. An application based on an alleged marriage has the same effect of waiving some privacy rights.