Uniting American Families Act (UAFA) for Same-Sex Binationals Introduced in Congress

Bill with Bipartisan Support Would Give Gay and Lesbian Americans with Foreign Spouses Equal Immigration Rights

Media Contact:  Amos Lim, Out4Immigration, 415-742-1626, amos@out4immigration.org

SAN FRANCISCO – FEBRUARY 4, 2013 – The Uniting American Families Act (UAFA), legislation that would provide gay and lesbian Americans with foreign partners equal immigration rights, was introduced today in the 113th Congress by Rep. Jerrold Nadler (D-NY).

This is the seventh consecutive Congress in which Nadler has introduced this legislation, which typically garners support from Democrats, but never enough for the bill to come up for a vote. This time, however, the bill has two Republican cosponsors, and comes at a critical juncture with comprehensive immigration reform (CIR) on the table.

“Thousands of committed same-sex couples are needlessly suffering because of unequal treatment under our immigration laws,” said Nadler, a long-time champion of same-sex binational couples and their families. While many of these couples are legally married or partnered, the Defense of Marriage Act (DOMA) bars them from receiving federal rights, such as the ability of an American citizen to sponsor a foreign spouse for a green card.

Nadler called this current state of excluding one class of people from equal treatment under the law “an outrage”. While the constitutionality of DOMA is currently in front of the Supreme Court, UAFA could neatly fit into immigration reform overhaul and solve a problem that affects about 40,000 couples – some of whom have been forced to leave the country or overstay a visa in order to avoid being forcibly separated by the U.S. government.

Inclusion in CIR, however, is not without controversy. While President Obama has said that same-sex binational couples fall under the category of family in his immigration reform proposal, current Senate framework omits same-sex binational couples. A Senate hearing on the matter is scheduled for February 13. 

Some Republicans have clearly voiced opposition. Sen. John McCain (R-AZ), a member of the so-called “Gang of 8” senators working on CIR legislation, called including same-sex binationals a “social issue” that should not be part of the discussion. Senate Majority Leader Harry Reid (D-NV) stated that he would not tolerate Republicans looking for excuses like McCain’s to avoid supporting this legislation.

Reintroducing UAFA with bipartisan support bodes well for the House to support an inclusive CIR bill.

Said Nadler, “Any serious legislative proposal for comprehensive immigration reform absolutely must include gay and lesbian couples and their families.”

Out4Immigration, an all-volunteer grassroots group that works with same-sex binational couples and their families to empower those affected by immigration discrimination to speak out, applauded today’s reintroduction of UAFA, its bipartisan support and the commitment of Rep. Nadler to see this bill become law.

“We hear every day from couples whose lives are torn apart because the federal government refuses to recognize their marriage or permanent partnership,” said Amos Lim, Community Outreach Director for Out4Immigration. “Immigration reform cannot be considered ‘comprehensive’ unless all families are included. All families means just that all families – including those that are LGBT.”

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For more information:

Out4Immigration: http://www.out4immigration.org

Uniting American Families Act, LGBT Immigration Reform, Maintains Bipartisan Support in House: http://www.huffingtonpost.com/2013/02/05/lgbt-immigration-reform_n_2623557.html

Reid Blasts GOP for Blaming Gays on Immigration Bill Resistance: http://www.advocate.com/politics/2013/02/03/watch-reid-blast-gop-blaming-gays-immigration-bill-resistance

Out4Immigration blog (featuring stories of same-sex binationals): http://out4immigration.blogspot.com/

United by Love, Divided by Law (visual protest by same-sex binational couples separated by U.S. immigration laws): http://unitedbylovedividedbylaw.tumblr.com

Count Me In / Same-Sex Binationals Share Their Stories: http://bit.ly/O4ICountMeIn

Five New Co-Sponsors for Uniting American Families Act (UAFA)

Good news! Last week the Uniting American Families Act (UAFA) picked up 5 new co-sponsors in the House. That brings the total of co-sponsors to 107 in the House and 20 in Senate. The bill was re-introduced less than a month ago by Rep. Jerrold Nadler and Sen. Patrick Leahy.

The new co-sponsors are:

Rep Cummings, Elijah E. [MD-7] - 5/5/2011
Rep Michaud, Michael H. [ME-2] - 5/5/2011
Rep Ryan, Tim [OH-17] - 5/5/2011
Rep McCarthy, Carolyn [NY-4] - 5/5/2011
Rep Sherman, Brad [CA-27] - 5/5/2011

Also last week, Rep. Mike Honda re-introduced the Reuniting Families Act in Congress. This is the bill that advocates to to restore one of the tenets that the US immigration system was built on -- "family reunification". The bill includes same-sex binational couples in its description of what a family is -- and underscores it with language from UAFA. RFA has 80 co-sponsors in the House.

Out4Immigration especially thanks our volunteers like Chris Barnett, who puts out our weekly petitions and some others behind the scenes who track the legislative co-sponsors and tally up the totals for us. While there has been lots in the news about the administrative and judicial headway we are making in tearing down the laws that keep LGBT Americans separated from our partners -- the legislative course underscores that the laws are wrong and need to be changed. Keep up the good work, everyone!!

Nadler: End LGBT Discrimination in Immigration Law

Thomas Roberts of MSNBC interviewed Rep Jerry Nadler about the Uniting American Families Act (UAFA) and Rep Nadler responded to some of the arguments opponents made with regards to supporting the bill.

We want to thank Rep Nadler for continuing to fight for our rights to sponsor our spouse / partner for a green card - something that heterosexual couples already enjoy. Don't hesitate to give his office a call to say thank you, too.

And if you have not yet signed our petitions on change.org, please head on over to http://change.org/out4immigration and sign them today!

Uniting American Families Act Reintroduced with Record Support

Media Contacts:
Amos Lim, Out4Immigration, 415-608-5526, amos@out4immigration.org
Kathy Drasky, Out4Immigration, 415-606-2085, kathy@out4immigration.org

Legislation and Letter from Congress Increases Demand for Protection of Same-Sex Binational Couples, Families from Discriminatory Immigration Law

Washington, DC — April 14, 2011 — The Uniting American Families Act (UAFA) was reintroduced in the House and Senate today by long-time equal rights advocates Rep. Jerrold Nadler (D-NY-8) and Sen. Patrick Leahy (D-VT). The legislation is backed by 98 co-sponsors in the House and 18 in the Senate, a record for the bill on reintroduction. It has been introduced in every session of Congress since 2000.
The bill would add three words to existing US immigration law – “or permanent partner” – wherever the word spouse appears, facilitating the need for LGBT Americans to obtain green cards for their partners while they wait for repeal of the Defense of Marriage Act (DOMA).

“Thousands of committed same-sex couples are needlessly suffering because of unequal treatment under our immigration laws, and this is an outrage,” said Nadler. “Our Constitution guarantees that no class of people will be singled out for differential treatment — and LGBT Americans should not and must not be excluded from that guarantee.”

Adding a one-two punch to UAFA’s reintroduction is a letter from Rep. Zoe Lofgren (D-CA-16), the ranking Democrat on the House Subcommittee on Immigration Policy and Enforcement, calling on the Department of Homeland Security (DHS) and the Department of Justice to stop denying LGBT green card applications and stop separating LGBT binational families. The letter was signed by 48 House members and adds weight to a similar letter sent last week by Sen. John Kerry (D-MA) and 11 of his colleagues requesting the same immediate remedy to what Rep. Nadler has repeatedly called “gratuitous cruelty.”

UAFA comes into the 112th Congress under a much different landscape than previous introductions of the bill. While Democrats no longer control the House and hold a slimmer majority in the Senate, support for same-sex binationals has grown since President Obama’s directive on February 23 that the federal government stop defending Section 3 of DOMA on the basis that the law – which prohibits federal recognition of same-sex marriages – is unconstitutional.

No group is harder hit by DOMA than same-sex binational couples and their families, many who have been forced into exile or literally torn apart by immigration law that adheres to the DOMA decree that marriage is defined as “one man and one woman.” As a result, these couples, regardless of legal marriages, civil unions or domestic partnerships are treated as “legal strangers”.

Efforts to slow down individual deportation proceedings targeting the foreign partner in these relationships have achieved some successes of late by delaying deportations on a case by case basis, in part due to the Obama administration determination that DOMA is unconstitutional. This administration's new DOMA position caused a major uproar last month when the United States Citizen and Immigration Services (USCIS) seemed to suggest that it would hold green card applications filed by same-sex couples in abeyance until DOMA was repealed or struck down as unconstitutional by the Supreme Court. Although USCIS reversed this decision within 36 hours, advocates for same-sex binational couples, like Out4Immigration, are petitioning USCIS, DHS, DOJ and the White House to restore the abeyance policy and implement a moratorium on deportations, urging an administrative fix until judicial and legislative actions can occur.

With advocacy engines now firing on all three branches of government – relief in some form for the heartbreak and injustice an estimated 36,000 same-sex binationals and their families incur has never seemed more possible. Out4Immigration urges more couples to come forward and tell their stories to continue to build and sustain the momentum. The all-volunteer, grassroots group can be contacted at info@out4immigration.org.

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For more information:
Uniting American Families Act Reintroduced in Congress: http:www.thetaskforce.org/press/releases/pr_uafa_041411
Gay Immigration Battle Heats Up: http://www.advocate.com/News/Daily_News/2011/04/14/Gay_Immigration_Battle_Heats_Up/
Dear USCIS: Don’t Go Back to Denying Green Cards to Loving, Same-Sex Couples: http://www.change.org/petitions/dear-uscis-dont-go-back-to-denying-green-cards-to-loving-same-sex-couples#?opt_new=t&opt_fb=t
Senators Kerry, Leahy, 10 Others Ask DOJ, DHS to Hold Same-Sex Binational Couples’ Immigration Petitions: http://www.metroweekly.com/poliglot/2011/04/senators-kerry-leahy-10-others.html
Gay Immigrant Couples’ Future Remains Uncertain after Judge Postpones Deportation Hearing: http://news.feetintwoworlds.org/2011/04/04/future-for-gay-immigrant-couple-remains-uncertain-following-judges-postponement-of-deportation-hearing/

Contacting 112th Congress to Reintroduce Uniting American Families Act

Out4Immigration is hopeful that Rep. Jerrold Nadler and Sen. Patrick Leahy, the champions behind equal immigration rights for same-sex binational couples, will swiftly reintroduce the Uniting American Families Act (UAFA) in the 112th Congress. We have heard that the bill may reintroduced as early as Valentine's Day, February 14.

Sign our petition urging them to quickly reintroduce UAFA on Change.org now!

With the reintroduction of the bill, Out4Immigration will promptly start our weekly letter writing campaign again in an effort to get as many of our 161 cosponsors from the previous Congress back on board. Although we lost a few supporters in the mid-term elections (more from retirement than defeat), we will work hard to shore up the deficit with new supporters and work with other groups and individuals to surpass the previous record and finally get this legislation passed!

Help us kick off our campaign in the 112th Congress by signing your name to our petition on Change.org today. Our goal is to secure 1,000 signatures. We know you're out there. And, we know your family, friends and colleagues will most likely get behind our efforts if you let them know how much we need their help.

So please, sign and circulate! And follow any breaking LGBT immigration news on our Facebook page.