Immigration Equalityestimates from 2000 census there are 36,000 bi-national same-sex couples living in the US, nearly half of them with children.
Contrary to a popular misconceptions, state-level same sex marriage offers no avenue for citizens to petition for residency for their non-citizens same sex partners. It is the jusidiction of Federal Government that doesn't, and likely won't anytime soon, recognize same sex relationships.
A remedy may be in the works, but the GLBT community and supporters must seize this moment to tell congress people now is the time to respect our families.
There is an expedited form to send to your local rep urging them to include GLBT immigration equality into the reform package. It took me 3 minutes to fill out, please do so here. You can send their form letter, or (better) customize your own.
Follow under the fold if you're asking why now? (because there's a milestone approaching this Tuesday, October 13) or just why should I care?
First the question of why now?
I know there's a lot going on. But it seems Congressman Luis Gutierrez, who represents Illinois' 4th Congressional District, plans to introduce comprehensive immigration-reform legislation in the U.S. House of Representatives within the next couple of weeks. And this isn't the first report suggesting that immigration reform is next on deck. And there's a press conference scheduled for this Tuesday, October 13. Presumably, the principles for the bill will be laid out by then, but clearly, as with all legislation, not cast in stone.
At this point, it is unclear if his bill will include GLBT language. And his office has declined to comment to press inquiries or give a definitive answer to Immigration Equality. (Which, when I thought about it, is kind of obnoxious and not acceptable. Surely Rep. Gutierrez has constituents that this immigration bil will affect. All the country does. Do they not deserve an answer?)
There has been a bill kicking around Congress since 2000, and currently in both houses, The Uniting American Families Act, that would extend spousal petitioning privileges to foreign same-sex partners of American citizens. It was introduced by Rep Jerry Nadler (D-NY) and attracted 116 co-sponsors in the house, and Sen. Patrick Leahy (D-VT) and had 22 co-sponsors in the Senate.
President Obama during his time in the Senate never signed on as a sponsor, although he did expressed his supportfor the legislation during the campaign and told GLBT audiences he saw the current system as inequitable and that it should be addressed as a part of a comprehensive immigration reform package. So it's sounding like that day is coming soon. So, um, how 'bout that, Mr. President, it sounded good in August.
It would be great to get GBLT-inclusion into the package from the ground floor. Rep. Gutierrez can be emailed via his House web page, but it requires a district zip code. I was unable to find another means, but if someone has it, I'm happy to update. So if you're inclined to go Advance Placement Advocate, his phone numbers are:
Capitol Hill Office | District Office |
202-225-8203 | 773-342-0774 |
2266 Rayburn House Office Bldg. | 2201 W. North Ave. |
Washington, D.C. 20515 | Chicago, IL 60647 |
And the Senate?
In September, the following members of Congressional Progressive Caucus's Immigration Task Force sent a letter urging equal treatment for same-sex couples in immigration reform package being drafted for the Senate by Sen. Chuck Schumer (D-NY).
Rep. Neil Abercrombie, Rep. Yvette Clark, Rep. Keith Ellison, Rep. Sam Farr, Rep. Raul Grijalva, Rep. Michael Honda, Rep. Frank Johnson, Rep. Jerrold Nadler, Rep. Jared Polis, Rep. Lucille Roybal-Allard, Rep. Linda Sanchez, Rep. Lynn Woolsey
Give 'em an "atta boy!" if you get a chance.
Senator Schumer's website has letter of intent regarding his principles for reform. No mention is made of GLBT inclusion. Senator Schumer may be contacted here. His phone number are:
Washington: 202-224-6542
In NYC: 212-486-4430
And the question of why at all?
Steve Ralls, director of Communication for Immigration Equality recently relayed a heartbreaking story in the Huffington Post, about Steve and Joe. Joe has been a resident of the US for over decade, first on a student visa, later via employer sponsored work permit. But the recession claimed not only Joe's job, but also his home and his family. Though recently married to Steve in the state of Connecticut, and for all practical purposes, family, the Federal government doesn't see it that way. Marriage license, a co-purchased home, 9 years together and President Obama's recent proclamation notwithstanding, Steve has no more standing to petition on Joe's behalf than the barista who poured your coffee this morning. Under the duress of the US Government, Joe will be leaving his husband and his country of choice on October 23.
The stories are many, The Advocate also recently profile several families torn apart by our immigration policy. The follow is courtesy of Immigration Equality's press materials. The first couple's story is so ordinary in terms of the immigration experience, people meet while in school fall in love. Heterosexual couples have the right to marry and petition the government for residency and citizenship status on behalf of their spouses. For straight people these situations are hard roads. For gay people, they are only dead ends.
Family, Unvalued.
Chris and Felipe: Unexpected love complicates things
Felipe is a citizen of Colombia and has spent several years and thousands of dollars obtaining employment-based visas in order to remain in the U.S. He initially came to the U.S. as a student and to work as a geologist. Felipe and Chris met when Felipe was considering returning to Colombia to pursue his career.
"I met the person that I wanted to spend the rest of my life with," explains Felipe. This life changing event, while joyous, meant that Felipe now had to organize his life around obtaining a work related visa. This led to Felipe being overqualified and underpaid in exchange for a work visa. To maintain his work visa he struggled with workplace exploitation, and constant anxiety. "I’m very surprised that Chris and I are together today. We really love each other...very few people would put up with what we’ve been through to stay together."
Mark and Philippe: selling their home to keep their familiy together
Mark (pictured left with child) and his partner Philippe (not his real name) are living in Harrisburg, Pennsylvania with their two adopted children John (5, pictured left) and Claire-Marie. Philippe, a French native, was on a specialty worker visa for a number of years when the visa expired due to term limitations. Philippe then transferred to a student visa and is now taking classes in order to remain in the country legally.
Mark says that while they feel fortunate that they can be together and raise the kids jointly, they are fearful for the future. "We are now selling our house so we can afford Philippe's classes."
[A sad post-note, I happen to know, since Immigration Equality prepared this, Mark and Philippe have relocated to France. Phillipe's options ran out in America, and as Philippe is a French citizen, which recognizes their citizen's right to petition for same sex partners they were forced to move there, although it was not their desire to do so. They would have prefered to stay in American. Additionally, Philippe had to essentially, relinquish his parental rights to their children, as France does not recognize same-sex, second parent adoptions. Mark's children are not recognized by France, which pains them.]
Barbara and Susan: Marrying in MA is seen as detrimental to residency petition
Barbara and Susan have been together for over six years and are raising two kids in Massachusetts. Susan is from the United Kingdom and in the U.S. on a non-immigrant visa. The two cannot get legally married in Massachusetts for fear that declaring their intent to live together permanently would detriment Susan’s visa status.
The children want to remain in the U.S. but it is difficult given the uncertainty of non-immigrant visas and the limitations it places on their lives. Barbara is disabled and consequently relies heavily on Susan to perform daily tasks and constantly worries how to provide for their family if Susan is forced to leave the country. "My daughter worries Susan will go away and not come back," Barbara says. "You can’t tell kids that it will all be ok. Ok to her would mean we will stay here with her friends, that everything will stay the same. We can’t tell her that, because it might not be ok."
Ayla and Connie: Exiled in Canada
Ayla is a Turkish citizen and Connie a U.S. citizen. Ayla has family in the U.S. but because she is a lesbian, they refused to sponsor her. She applied for the diversity visa lottery and in 1995 was notified that she had won. Because of a prior overstay on a visa, she was deemed ineligible for a diversity visa green card. Ayla was trying to find a permanent way to remain in the country when the two met. They were married on June 14, 2004.
The marriage however, is not legally recognized for immigration purposes. This fact forced the two into exile in Canada where they could be together and live in lawful status. "I’m so grateful that we could come to Canada and stay together as a couple, but the U.S. is our home," states Connie.
This isn't an unusual state of affairs, bi-national couples having to retreat to other countries in order to stay together. From the blog Global Visas:
"Canada, Australia, Great Britain, Israel, Brazil, Belgium, Denmark, Finland, France, Germany, Iceland, Netherlands, New Zealand, Norway, South Africa and Sweden, now several of those counties are very conservative countries," said Sen. Leahy.
In the words of Jon Stewart of the Daily Show, "Recently, the highest court in South Africa handed down a decision ordering the country’s parliament to extend marriage rights to all gay couples. So just to reiterate, American is now less progressive than South Africa."
There is still time to lobby Rep. Gutierrez and Sen. Schumer to include GLBT-inclusive language into the bills. Please voice your support for including and keeping it in!
It would mean so very much to us if when progress and change comes to immigration reform, we are invited along for the ride, instead of left behind in the pursuit of bi-partisanship or political expediency. Please don't let Congress leave GBLT-inclusion off the table, before the negotiations even start.
We, the GLBT community alone cannot do this alone. We need our allies. Please help. Send your representative an email, recs are appreciated.