Photo By Todd Fernandez
By Brody Levesque & Linsey Pecikonis (Washington DC) Mar 26 | This past week here in Washington D.C. has been more active than the norm. There have been protests, counter-protests, obscene name/slurs directed at respected members of the Congress, angry people, more press /media coverage than usual because of Health Care reform and even DADT, but what did appear lost in all the media coverage of the noise & political theatre, has been the very important issue of Immigration Reform measures to protect LGBT people and their foreign born partners.
Last Sunday, Immigrants, Activists, and supporters marched in the streets of DC from the White House down to the National Mall. DC Agenda National Correspondent Chris Johnson reports:
"An estimated 200,000 demonstrators descended on the National Mall on Sunday to urge passage of comprehensive immigration reform, including several hundred protesters advocating for LGBT inclusion in the legislation.As they danced to salsa music and listened to speeches, participants at the rally and the march that followed called on President Obama and Congress to keep their promise to enact reform legislation before the year’s end.Latino groups — waiving signs reading “Reform not Raids” and “Obama Cumple tu Promesa” — comprised the majority of those participating in the demonstration, although contingents of Asian and Caribbean groups also took part.The LGBT contingent, which included about 300 people, advocated for their inclusion as part of the broader immigration movement as well as for incorporating the Uniting American Families Act in reform. The bill would enable LGBT Americans to sponsor same-sex partners who are foreign nationals for residency.Rachel Tiven, executive director of Immigration Equality, said the showing was “a nice visible contingent” that demonstrated “how much the LGBT community is here for comprehensive immigration reform that includes all families.”
In an Op-Ed ran in the DC Agenda this week, Agenda Columnist Joey DiGuglielmo describes the fears & frustrations felt by countless thousands of LGBT Americans and their Immigrant partners. DiGuglielmo's article, 'Someday we'll be together?' graphically illustrates the seemingly insurmountable problems LGBT partners face in seeking recognition for their relationships by Federal authorities. He relates the story of local Washington attorney Kelly Cross and his partner, who declined to be identified because it could increase his chances of being deported.
Cross’s partner came to the states from his native Poland in 2003 to study public policy at the University of Northern Iowa. Disenchanted with Iowa, he came to D.C. for an internship in 2006. Though he liked the U.S., he was planning to return to Poland or possibly somewhere else in Europe — wherever he might find a good job. His plans changed radically when he met Cross.
“This is an everyday concern, how are we going to survive,” the partner says. “In our situation, we’re lucky that we have sufficient funds to live in this not-very-pleasant situation, but I just cannot imagine if somebody is gay and working for McDonald’s and he has a boyfriend who is working for Burger King. I don’t think they are going to make it. They won’t make it for sure because they’re not able. But if there’s a couple who’s straight, they have all the rights and all possibilities to make it because it will be possible. A law that gives them the opportunity, one piece of paper, a marriage license, that gives all kinds of rights and we don’t have it.”
The couple did enter a New Jersey civil union last summer, but they say it was purely symbolic and has little practical benefit. The partner says although he understands the arguments of those who will settle only for marriage, he’d be happy with a federally recognised civil union.
Cross and his partner are, of course, not alone. Immigration Equality, a gay rights advocacy group working to end discrimination in U.S. immigration law against LGBT people, points to Williams Institute figures based on the 2000 Census that indicate there are about 36,000 bi-national same-sex couples struggling to stay together in the U.S. They’re hoping the Uniting American Families Act (UAFA), versions of which date back to 2000, will solve the problem. Because its wording says “permanent partner,” activists say it wouldn’t conflict with DOMA, though they’re hopeful — as are virtually all gay activists — that DOMA will eventually be repealed.
Spokesman Steve Ralls from the Immigration Equality & Rights Activist organisation-Immigration Equality said:
“Now that health care is officially behind us, there are indications that Congress and the White House are turning to immigration reform in the coming weeks and months,” Ralls says. “The White House has called key lawmakers to plot a way forward for comprehensive immigration reform and as part of that process, we’re working very hard to ensure that the Uniting American Families Act is part of that comprehensive bill.”
The stories are numerous, but what is very real are the heartache and pains both emotionally and finacially that burden an LGBT couples facing Immigration issues and legal considerations. Another long time supporter and activist on the issue, known as 'Amos' from the group Out4Immigration wrote a plea for assistance & recognition on Out4Immigration's site:
US Immigration laws are primarily based on the fundamental principle of family reunification. Family is also one of the most fundamental pillars of American society. However, we all know that the immigration system is broken, bogged down with bureaucratic delays and in need of much reform.
A lot of you are separated from your spouse, children, sisters and brothers for years, even decades - I am here to tell you, this is happening to Lesbian, Gay, Bisexual & Transgender families too. And I stand here in solidarity with all of you. While some of you can see a light at the end of the tunnel due to the family reunification principles - Lesbian, Gay, Bisexual & Transgender families, like my family can't. That is because Congress passed the Defense of Marriage Act in 1996.
Because of that law, same sex binational couples are treated as legal strangers even though we might be legally married or civil unionized or domestic partnership-ed. In fact, if the INS finds out about the relationship, the foreign partner might be classified as an overstay risk and be denied entry into this country.
My husband is an air force veteran and now works as a pharmacist in an independent pharmacy in the Mission. His primary expertise is in HIV patient care and his patients love him. However, even though we have been together for 14 years, are legally married in the state of California and have adopted a beautiful daughter, in the eyes of the federal government, we are legal strangers. He, the American citizen, has no right to sponsor me for a green card.
I consider myself one of the lucky few that have secured a green card through my employment, but not everyone is that lucky. That is one of the reasons why Out4Immigration exists - we are a group of same-sex binational couples struggling to stay together, forced to choose between love and country.
According to estimates from the 2000 census, more than 36,000 same-sex binational couples currently living in the United States are affected by this issue. There are also thousands more that have been forced to leave this country to live in exile in one of the 19 countries that recognizes our relationships for immigration purposes. It is time for this country to recognize our relationships, my relationship, and stop separating us from our partners.
The Uniting American Families Act will change this. The bill, if passed, will simply add 3 words "or permanent partners" after the word "spouse" in the Immigration Nationalization Act. These three simple words would stop immigration discrimination against same-sex binational couples. It would allow the Lesbian, Gay, Bisexual & Transgender American citizen the right to sponsor his or her foreign partner.
Support of the effort to overhaul provisions of the U. S. Immigration Code that deals with LGBT partners has garnered support from a prominent U. S. Senator, Chuck Schumer (D-NY) who wrote in a letter released by the Senator's office last week to some of his LGBT constituents in New York:
"Thank you for contacting me to express your support for the Uniting American Families Act of 2009. I agree that our immigration system is in serious need of reform and I am currently working with my colleagues in both parties to devise a Comprehensive Immigration Reform bill that would effectively address the many flaws that exist today.
The failure to recognize permanent partners in the application for legal permanent residency is a major concern for many Americans. I share this concern and am a cosponsor of the Uniting American Families Act of 2009, which would amend the Immigration and Nationality Act to permit permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents. I support this principle of immigration reform and I am working on introducing a comprehensive package that would address this issue along with a host of immigration issues, including a pathway to legalization, the future flow of immigrants and border enforcement measures.
At this time, I believe that the only way to pass meaningful and effective immigration reform is through a comprehensive bill, not through piecemeal legislation. The successful design and passage of this bill would be a watershed in how we deal with all aspects of immigration in this country and I am committed to fair and comprehensive reform which is necessary to rectify the many deficiencies and weaknesses of our immigration system."
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