Senate Judiciary Hearing on Immgration Equality Wed

Immigration Equality sent out an announcement about the Senate Judiciary hearing being held on Wednesday June 3rd on the Uniting American Familes Act (UAFA).

On Wednesday morning, the Senate Judiciary Committee will hold the first-ever Congressional hearing on obstacles faced by lesbian and gay couples under U.S. immigration law. Senator Patrick Leahy (D-VT), chairman of the committee, has scheduled a 10 a.m. hearing on the Uniting American Families Act (UAFA). The bill, sponsored by Leahy in the Senate and Congressman Jerold Nadler (D-NY) in the House, would modify immigration policy to end discrimination against lesbian and gay Americans who want to sponsor their permanent partners for residency in the United States. Such couples are often separated, or torn apart, because current U.S. law does not allow for the same sponsorship rights for lesbian and gay citizens as for heterosexuals.

"Every day, an estimated 36,000 binational couples, nearly half of whom are raising children, are facing separation, or already living separately, because our country refuses to treat them equally under the law," said Rachel B. Tiven, executive director of Immigration Equality. "These loving, committed families are faced with an untenable choice between the person they love and the country they love. Many are forced to uproot their lives and leave their extended families, jobs and communities behind. It is long past time that Congress fixed our broken immigration system, including this pervasive discrimination against so many families. Senator Leahy's hearing, coming just as President Obama and Congress prepare to address comprehensive immigration reform, is a step in the right direction."

Wednesday's hearing will feature Shirley Tan, a Filipina mother of 12-year-old twins from Pacifica, Calif., who is facing deportation despite having been with her partner for 23 years. Though Tan's children and partner are American citizens, she cannot be sponsored for residency because her partner is female. Unless Congress takes action to pass UAFA, Tan will be forced to return to the Philippines.

Joining Tan as a witness will also be Gordon Stewart, a native of Vermont who was forced to sell his family's farm and relocate to London to be with his partner, who is Brazilian. Stewart, who transferred his job with Pfizer Pharmaceuticals to the United Kingdom, has been welcomed in that country, where his partner received a visa to be with him. Under U.S. immigration law, his partner was unable to join him in the United States, and Stewart was forced to leave his family behind to be with the person he loves. Other witnesses include Julian Bond, chairman of the National Association for the Advancement of Colored People (NAACP) and attorney Christopher Nugent, who will represent the American Bar Association (ABA).

"The cost of discriminating against lesbian and gay families is staggering and personal," Tiven noted. "Children are being separated from their mothers. Companies are forced to relocate employees or lose their talent altogether. In many cases, Americans must live on separate continents, thousands of miles from their immediate and extended families. All the while, this blatant discrimination could be fixed, and families could be brought together, simply by passing UAFA."

President Obama has said he supports the legislation. In a statement issued in March, the White House noted, "The president thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country. We will work closely with Congress to craft comprehensive immigration reform legislation."

"No reform can be truly called comprehensive," Tiven agreed, "unless it includes our families, too."

The entire witness list of the hearing, which starts at 10am EDT, can be viewed here:

Witness List

Hearing before the Senate Judiciary Committee

on

“The Uniting American Families Act: Addressing Inequality in Federal Immigration Law”

Wednesday, June 3, 2009
Dirksen Office Building Room 226
10:00 a.m.

Shirley Tan
Pacifica, CA

Gordon Stewart
London, England

Julian Bond
Chairman
National Board of Directors
National Association for the Advancement of Colored People
Washington, DC

Christopher Nugent
Co-Chair
Committee on the Rights of Immigrants
Section of Individual Rights and Responsibilities
American Bar Association
Washington, DC

Roy Beck
President
NumbersUSA Education & Research Foundation
Arlington, VA

Jessica M. Vaughan
Director, Policy Studies
Center for Immigration Studies
Franklin, MA

You can also apparently view a webcast of this hearing online.

Washington Post Editorializes In Favor of UAFA!

The Washington Post on Monday editorializes in favor of passage of UAFA (Uniting American Families Act) which would allow LGBT Americans to sponsor their same-sex foreign partners for permanent resident status. Here's the editorial in its entirety:

THE UNITING American Families Act would allow gay and lesbian Americans and permanent residents to sponsor their foreign-born partners for legal residency in the United States. The bill, introduced last month in the Senate by Patrick Leahy (D-Vt.) and in the House by Jerrold Nadler (D-N.Y.), would add "permanent partner" and "permanent partnership" after the words "spouse" and "marriage" in relevant sections of the Immigration and Nationality Act. If passed, it would right a gross unfairness.

Under the proposal, a "permanent partnership" is defined as a "committed, intimate relationship" with another adult "in which both parties intend a lifelong commitment." The couple must be financially interdependent and not married to or in a permanent partnership with anyone else. And the partners can't be related. The benefit comes with the same immigration restrictions and enforcement standards that apply to heterosexual couples. Fraudulent permanent partnerships face the same penalties as fake marriages: up to five years in prison and up to a $250,000 fine.

"Under current law, committed same-sex foreign partners of American citizens are unable to use the family immigration system, which accounts for a majority of the green cards and immigrant visas granted annually by the United States," Mr. Leahy said upon introducing the bill. "The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones." According to the most recent census, he added, about 35,000 binational, same-sex couples are living in the United States. The new legislation would ensure that the family connections valued under immigration law are extended to gays and lesbians.

The strain of the status quo on gay and lesbian binational couples should not be discounted. Because their relationships are not legally recognized by the United States, some couples have resorted to illegal marriages where the foreign nationals marry Americans to get green cards that allow them to stay in the country permanently. In other cases, Americans have exiled themselves to be with their partners. Sixteen countries, including Australia, Brazil, Canada, Israel, South Africa and the United Kingdom, allow residents to sponsor same-sex permanent partners for legal immigration. American gays and lesbians should not have to choose between their country and their partners.

For a full list of the 16 countries which allow their nationals to sponsor their same-sex partners and to contact your Congressperson about your thoughts on H.R.. 1024/ S. 424, go to the website of the advicacy organization Immigration Equality. (NOTE: MadProfessah is a member of their board of directors.) This is great news. Hopefully the bill will either be a stand-alone measure enacted by the Obama administration to show a tangible success for the LGBT community, or as part of comprehensive immigration reform.