Action Alert: Urge Congess to Support Uniting American Families Act

There's been a lot of attention paid of late to the issues of marriage equality and Don't Ask Don't Tell -- and that's all to the good. However, there's legislation related to another important GLBT rights issue percolating in Washington that could really use our help. Passage of the Uniting American Families Act (S. 424, H.R. 1024), would change the lives of many GLBT people whose families are being torn apart under current immigration laws. GLBT families are being split because their spouses and children are not considered part of a legal family, and thus are not allowed into the United States under current immigration policy.

The Uniting American Families Act was introduced as a Valentine’s Day gift this year to same-sex, bi-national couples by Rep. Jerrold Nadler and Sen. Patrick Leahy. For more information, please visit www.immigrationequality.org.

Sen. Patrick Leahy held a hearing on UAFA today in the Senate Judiciary Committee that he chairs. Among those who testified is Shirley Tan, 43, the mother of twin 12-year-old boys who are U.S. citizens because they were born here. Ms. Tan has raised them with her partner of 20 years, Jay Mercado, who like Ms. Tan is from the Philippines. Although Ms. Mercado became a naturalized American citizen in 1998, she has not been able to gain legal immigration status for Ms. Tan. Of course the legislation is being criticized by the usual suspects, who are threatening to block comprehensive immigration reform if provisions to provide rights to GLBT couples are included:

The political fault lines opened by Senator Leahy’s same-sex bill quickly became apparent this week. In a letter sent Tuesday, Bishop John C. Wester of Salt Lake City, the chairman of the Catholic bishops’ Committee on Migration, wrote that the Uniting American Families Act would “erode the institution of marriage and family,” by taking a position “that is contrary to the very nature of marriage which pre-dates the Church and the State.”

How Bi-National GLBT Families Suffer: The U.S. government discriminates against gay and lesbian bi-national couples by not allowing them to sponsor their foreign-born life partners or spouses for immigration. Because of this, these couples face the terrible choice of separating from the person they love or leaving the country. I guess the Catholic bishops and others would prefer that human beings, including many children, continue to suffer rather than give an inch on the GLBT relationship front. According to an email from Equality New Mexico:

Over 37,000 couples are affected by this discrimination according to the 2000 Census. The median age for individuals in a bi-national lesbian or gay relationship is 38 years old. These are mature, committed relationships.

Many gay and lesbian Americans in bi-national relationships have aging parents and must make difficult decisions between managing their parents’ health or remaining with their partner.

46% of gay and lesbian bi-national couples are raising children in the home.

With no ability to sponsor their partners, Americans are being forced abroad: taking their tax base, their talent, and enterprise to one of the 19 countries that offer immigration benefits for same-sex partners.

More About the Bill: To qualify for benefits under the Act, permanent partners, like married couples, would need to prove their emotional and financial commitment through rigorous documentation. Applicants for permanent partnership benefits would face the same interview process that married couples face. Gay and lesbian binational couples would also face the same criminal penalties for fraud -- imprisonment for up to five years and a $250,000 fine -- as married couples. Additionally, to ensure the foreign national does not become a public charge, the American partner would be required to sign an affidavit committing to support the foreign national partner for ten years, even if the partnership ends.

This is an issue that is supported by the Obama administration. Asked about the President's stance on the measure and the likelihood of its inclusion in comprehensive immigration legislation, White House spokesman Shin Inouye said, “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.”

It's important to understand that this is not a problem that can be fixed by legislation in the states regarding civil unions or even same-sex marriage. Tens of thousands of bi-national same-sex couples continue to be discriminated against despite changing marriage laws. UAFA would extend rights that heterosexual married couples in the U.S. enjoy, along with same-sex couples in 19 other nations. Until this legislation passes, the US will continue, in the gleeful words of the Family Research Council, to “export homosexuals from the United States” as they are forced to choose between their loved ones and their country.

New House Bill: Now the provisions of the UAFA will also be a part of the new Reuniting American Families Act (S. 1085), which seeks to ease family immigration visa backlogs and promote the humane and timely reunification of all immigrant families, including those of GLBT citizens.

Congressman Mike Honda (D-CA), a long-time champion of the LGBT community, will soon introduce the new legislation. This landmark immigration bill would end harmful practices -- such as long visa wait times and discrimination against LGBT families -- that prevent loving families from being together. In an historic move, Congressman Honda included lesbian and gay people as part of this legislation, marking the first time in Congressional history that lesbian and gay couples have been included as part of a multi-issue immigration bill.

Take Action: PLEASE contact your members of Congress and urge their support of the United American Families Act bill, as well as the new Reunited American Families Act:

• Senator Jeff Bingaman: (505) 346-6601
• Senator Tom Udall: (505) 346-6791
• Rep. Martin Heinrich: (505) 346-6781
• Rep. Harry Teague: (575) 522-3908
• Rep. Ben Lujan: (505) 984-8950