Showing posts with label UAFA. Show all posts
Showing posts with label UAFA. Show all posts

Saturday, June 29, 2013

Gaytterdämmerung: Victory For Same-Sex Binational Couples!


The amazing good news for LGBT people during 2013's pride season continues. Wednesday the Supreme Court issued two pro-gay decisions in Windsor and Hollingsworth. Thursday was the 44th anniversary of the Stonewall riots (and yours truly gave a well-received speech at work on the occasion). Friday, marriage equality was restored in California. And today comes word that the federal government has approved a permanent residence application (i.e. for a green card) from a U.S. citizen (resident in a state which does not allow or recognize same-sex marriage) based on a legal same-sex marriage.

This means that the nightmare situation faced by same-sex binational couples who could not find a way to stay together due to homophobic immigration laws is now consigned to the dustbin of history. As a board member of the national organization devoted to assisting same-sex binational couples and having been in a binational relationship myself this is incredibly satisfying news!

Lavi Soloway of the DOMA Project confirmed the news to Buzzfeed:
The DOMA Project, whose lawyers represent the couple, announced the news Saturday morning, calling it “the first time in U.S. history a marriage-based green card petition filed by a gay couple has been approved.”
“As a gay immigrant and as an immigration attorney and gay rights activist who has worked on this issue for 20 years, this is a moment of particular personal satisfaction, Lavi Soloway, the couple’s lawyer and a founder of The DOMA Project, told BuzzFeed on Saturday.
[...]
“The approval of this petition demonstrates that the Obama administration’s commitment to recognizing same-sex couples’ marriages after the Supreme Court ruling is now a reality on the ground. We expect additional approvals of green card applications and petitions in the coming days,” Soloway said.
[...]
“It is symbolically very important that this first petition that was approved comes for a couple that lives in Florida, a state that has a constitutional ban preventing same-sex couples from marrying. This shows the effect of the DOMA ruling for immigration purposes will extend to couples, no matter where they live, so long as they have a valid marriage license,” Soloway said.
Amazing news! Immigration laws are incredibly complicated, but Immigration Equality has a very useful list of Frequently Asked Questions (FAQ) that binational couples should review before taking any drastic steps.

Happy Pride!

Wednesday, June 12, 2013

Leahy Submits Pro-LGBT Amendment To Immigration Bill


Senator Patrick Leahy (D-VT) has introduced a pro-gay amendment to the comprehensive immigration bill being debated on the floor of the United States Senate which would solve the immigration problems for most same-sex binational couples. This a surprise because Leahy shocked (and disappointed) many LGBT people when he decided at the last minute to withdraw his pro-gay amendments when the bill was before the Senate Judiciary Committee, which he chairs, in order to help the bill advance with Republican votes.

The text of the amendment states that its purpose is:
To recognize, for purposes of the Immigration and Nationality Act, any marriage entered into in full compliance with the laws of the State or foreign country within which such marriage was performed.
It does so by saying that any marriage (including same-sex marriages) which are legal n the jurisdiction in which they were performed will be recognized as a marriage for the purposes of immigration law. Importantly,  the marriage would still be recognized for immigration purposes even if the state in which the couple lives or moves to does not recognize that marriage as legal.

Lavi Soloway of the DOMA Project explains implications of the Leahy amendment:
With this bold move, Senator Leahy has carved out an exception to the Defense of Marriage Act for lesbian and gay binational couples that will provide access to existing marriage-related family unification provisions of our immigration law. The Leahy amendment does not actually amend any current provision of our immigration law, but simply removes the extrinsic barrier caused by DOMA that prevents lesbian and gay Americans from filing petitions for their spouses, fiance(e)s and stepchildren. The implication of Senator Leahy's focus on equality is that LGBT families are no different than any other American families comprised of citizens and non-citizens.
The unfortunate part of not having the amendment pass in committee as opposed to on the floor of the Senate is that in committee it needed a majority vote (which could have been provided by all Democrats) while on the floor it will almost certainly require 60 votes to be included in the comprehensive immigration bill working its way though the Senate.

Stay tuned!

Saturday, May 04, 2013

Saturday Politics: LGBT Equality and Immigration Reform


As readers of this blog know, I am myself a gay immigrant (now a naturalized citizen of the United States). So, I am following the discussions and politics around comprehensive immigration reform quite closely. One of the most important issues to me (and many other people) is how immigration reform will deal with the plight of same-sex binational couples. Under current law, there is no way for a U.S. citizen or permanent resident to sponsor their foreign-born spouse or partner to remain in the United States permanently. Partly this is is due to the fact that the so-called Defense of Marriage Act (DOMA) prohibits the federal government from providing any federal right or benefit to legally same-sex married couples, but it also is a result of Congress' inaction to fix this injustice towards same-sex couples. (It should be noted that there are 18 countries who allow their citizens to sponsor a foreign-born same-sex partner to remain with them permanently, and several of these countries do not recognize same-sex marriage.)

Of course, generally the  people who hate the LGBT community and oppose any establishment or strengthening protections against discrimination on the basis of sexual orientation (i.e. heterosexual supremacists) are also generally the same people who hate immigrants as well (i.e. xenophobes and oftentimes nativist racists), although these two sets of people are not completely overlapping. (Not all homophobes are xenophobic and not all racist xenophobes are anti-gay. However, a significant fraction of the Republican Congressmembers are both anti-gay and anti-immigrant)

The current draft comprehensive immigration reform bill in the Senate (often referred to as the Gang of Eight's CIR bill) does not include a provision helping same-sex binational couples, although the President's immigration blueprint of reform principles does.

So there is an intriguing political question of what will happen when the political desires of the LGBT community to be included in CIR collides with the Republican xenophobia and homophobia? The Go8 CITR bill is being marked up in the Senate Judiciary Committee next week and the Democrats are expected to offer an amendment that includes the entire text of the Uniting American Families Act (UAFA) that would solve the same-sex binational couples' issue by creating a new class of visa for sponsorship of "permanent partners" for those who can not get married and sponsor their spouse for a permanent resident visa.

The Republicans involved in immigration reform have been repeatedly saying that including "social issues" like LGBT equality will derail any chances of comprehensive immigration reform. Cue the New York Times:
Now, with the immigration bill scheduled to advance next week toward a vote in the Judiciary Committee, Democrats are in a quandary about whether to offer an amendment that would give green cards to same-sex partners. 
Republican sponsors of the overhaul warned on Tuesday that such an amendment would sink the entire measure.  
“There’s a reason this language wasn’t included in the Gang of Eight’s bill: It’s a deal-breaker for most Republicans,” Senator Flake said. “Finding consensus on immigration legislation is tough enough without opening the bill up to social issues.” 
Under existing immigration law, it is generally a quick and straightforward process when an American citizen seeks a green card for a foreign-born spouse in a traditional marriage. 
But under a 1996 federal law that defines marriage as a union between a man and a woman, Americans cannot apply for green cards for foreign spouses of the same sex. In addition, the immigration code does not recognize same-sex partners.
Interestingly, a number of LGBT groups pushed back hard this week on the notion that including same-sex couples in comprehensive immigration reform would weaken the bill:
Chad Griffin, president of the Human Rights Campaign, issued a statement late Wednesday saying Congress must pass an immigration bill that includes gay couples and the notion that their addition would block the legislation from passing is an “offensive ruse.”
“This bluster is nothing more than a political maneuver designed to divide the pro-reform coalition and at the same time appease a small but vocal group of social conservatives that will do anything to stop progress for lesbian and gay couples,” Griffin said. “The LGBT community will not stand for Congress placing the blame of their own dysfunction on our shoulders.”
Another joint statement earlier in the day from a quintet of LGBT organizations — the National Center for Lesbian Rights, the Gay & Lesbian Alliance Against Defamation, the National Gay & Lesbian Task Force, United We Dream and Queer Undocumented Immigrant Project — expressed a similar sentiment.
“We do not believe that our friends in the evangelical faith community or conservative Republicans would allow the entire immigration reform bill to fail simply because it affords 28,500 same-sex couples equal immigration rights,” the organizations state. “This take-it-or-leave-it stance with regard to same-sex bi-national couples is not helpful when we all share the same goal of passing comprehensive immigration reform that provides a path to citizenship.”
Both of these statements emphasize that LGBT groups support passage of comprehensive immigration reform and take note of an estimate from the Williams Institute that 267,000 of the 11 million undocumented immigrants in the United States are LGBT.
This is a tough one. There are roughly 9 times as many LGBT immigrants who will be positively impacted by comprehensive immigration reform as who will be negatively impacted by a CIR bill that does not include UAFA. I am fan of the Williams Institute, but their estimate that less than 2.5% of all undocumented immigrants are LGBT seems woefully low to me. The only reason to keep UAFA out of CIR is to placate Republican's homophobia while the Republicans are presumably playing down their own xenophobia. Would you agree to a sexist compromise on a racist bill? When multiple identities combine and compete against each other, usually everyone loses.

However, a significant part of this issue may be resolved after June 27th if the Supreme Court (as expected) strikes down Section 3 of the Defense of Marriage Act and the Obama administration starts issuing permanent resident visas (i.e. green cards) to legally married same-sex couples. It's unlikely CIR will have become law by then so Senate Democrats should move forward with including UAFA now and wait and see if DOMA is still valid law when they make their final vote on the bill.

President Obama himself (finally!) weighed in on this issue, saying while in Costa Rica yesterday that he supports inclusion of LGBT couples in immigration reform. The Miami Times reports:
President Barack Obama says he supports recognizing gay unions in a broad immigration bill pending in Congress but won't say whether he would sign legislation that fails to do so.
Obama says that recognizing same-sex relationships in the bill is "the right thing to do." But he says it would be premature to telegraph what he will or won't do before lawmakers send him a bill.
Gay rights supporters are pushing for an amendment to the bill to allow gays to sponsor their partners to come to the U.S.
But Republicans, including some who helped draft the bill, have made it clear that amending the legislation in that fashion would cost their support.
I say call the Republicans bluff. There are over 800 pages in the bill which will impact 11 million undocumented immigrants and hundreds of billions of dollars and they are going to blow it up because the bill will allow same-sex binational couples to remain families?

Really? Bring it on.

Thursday, December 27, 2012

U.S. Rep. Hanna (R-NY) Takes Pro-LGBT Positions

Richard Hanna is a Republican congressman from upstate New York, currently representing the 24th Congressional District (but will represent the 22nd District staring January 3, 2013 due to redistricting).
There are very few moderates in the House Republican caucus but Hanna can probably be considered one of them, since he "only" votes with the rest of the caucus less than 90% of the time.

Anyway, Hanna is making news this week for his announcement of pro-LGBT positions. He has signed off as a co-sponsor of the Uniting All Families Act, which would end discrimination in immigration laws against same-sex bi-national couples as well as the Respect for Marriage Act (RFMA), which would repeal DOMA.

The Advocate has the details of Hanna's announcement:
“New York State allows all its citizens the freedom to marry the person they love,” he said. “Under the Tenth Amendment, the federal government has a Constitutional responsibility to respect New York’s right to set its own laws. It’s my job to see that it does. 
“It is right to extend equal protection under federal law to all couples who are legally married without infringing upon religious freedom and beliefs,” Hanna continued. “This legislation does not tell states who can be married or who must be treated as married, nor does it require any religious institution to violate their own convictions. 
“I respect the deeply held beliefs on both sides of this issue,” he said. “The simple fact remains that the federal government has a responsibility to ensure all legally married couples are treated equally under federal law – and this bill would achieve that proper standard.”
In addition to supporting DOMA repeal, Hanna joined fellow Republican U.S. Representative Charlie Dent of Pennsylvania have signed on to the Uniting American Families Act, Immigration Equality announced earlier this month.

Hat/tip to LGBT Think Progress

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