Sen. Leahy Files Two Amendments to Include Same-Sex Binationals in Immigration Reform

by Kathy Drasky

Senator Patrick Leahy (D-VT) has filed two amendments to include same-sex binationals in immigration reform legislation.

The first amendment is the Uniting American Families Act (UAFA), which has thus far proven controversial because of its language that technically creates a new category for immigration officials to consider: "permanent partner".

The second amendment filed by Leahy is one that calls for immigration reform to include married same-sex couples. That's right - if you have entered into a marriage in a state, country or jurisdiction (i.e., Washington D.C.) where it is legally recognized, then this amendment says you should have the right to equal treatment under immigration law to have that marriage recognized.

Read all about the Leahy amendments at Buzzfeed: http://www.buzzfeed.com/chrisgeidner/leahy-files-amendments-to-include-gay-couples-in-immigration

To paraphrase some leading advocates, Lavi Soloway of the DOMA Project calls Leahy's strategy with the second amendment "a strategic master stroke". The vice president of the Human Rights Campaign, Fred Sainz, calls it "brilliant."

With more than 50 Senators from both parties supporting marriage equality, asking that our marriages be recognized for immigration purposes makes sense. And, hopefully it will help more of them, like Sen. Dianne Feinstein who sits on the judiciary committee and will vote on this amendment, understand why we also need UAFA language. Because we still only have marriage equality in a handful of states. Because we still do not know which way DOMA and the Prop. 8 cases will be ruled on by the Supreme Court. Because same-sex binationals, already suffering extreme financial hardship after years of trying to keep our families together with no legal safety net whatsoever, should not be forced to make an expensive trip to a state or country that will marry us because of continued discrimination in a home state.

Here's our action, please make two calls:
1) Sen. Leahy, at 202-224-4242, and thank him for recognizing and including same-sex binational families in immigration reform.
2) Sen. Feinstein, at 415-393-0707 and ask her to please vote "Yes" on both of Sen. Leahy's amendments to include same-sex binational families in immigration reform. (You do not have to live in California to make this call).

If you use Twitter, please follow @Out4Immigration at https://twitter.com/out4immigration

We've been tweeting up a storm and every retweet counts and helps us spread the word.

If you are on Facebook, please join our page at https://www.facebook.com/Out4Immigration

Share our posts with your Facebook community.

We need to keep our stories front and center in the coming weeks to make sure that we are included in immigration reform. Because we cannot predict how the Supreme Court will rule. Anything less than total removal of DOMA and marriage equality in all 50 states means we still need the amendments filed by Sen. Leahy included in the immigration bill.

And, quite frankly, we will all still need this broken system to be overhauled and fixed. Because even in the best case scenario, the death of DOMA, all of us same-sex binationals will have just been let into the very system we have fought so hard to be a part of. We'll be wanting it to work properly so that our green cards are processed without delay.

Our Story: Eric & Jon

More Than 2,000 Days Trying to "Figure This Out"

On June 29, 2006 I boarded a flight to New York’s LaGuardia Airport that would completely change my life. It was not my first trip to New York, but it was my first solo trip. I thought that I may be a little crazy for arranging this trip, but I’m a scientist and a bit of a planner. There is always a Plan B and I will always find a solution

A few months earlier, several months into my Match.com membership, I had entered a friend’s New York zip code in the search window. One of the very first profiles caught my attention—Asian guy, blue eyes. I have always been drawn to those things that are out of the ordinary. I quickly sent a message, probably something about they eyes, but I don’t really remember.

Later that day, much to my surprise, the blue-eyed Asian boy had replied to my message. We struck up a correspondence that soon moved to video chat – where I learned that the blue-eyed Asian boy looked

EXACTLY like his profile! Well, except the eyes...it never occurred to me that people wear colored contacts, but it did not matter. We were finally talking, not just typing, and our first video chat lasted several hours.

Valentine's Day 2013 marked more than 2,000 days since Jay's work visa expired and he had to leave the US.

Over the next few months our friendship grew and we began planning a visit. Being a teacher, I had two months vacation, but Jon had just two weeks. We decided to spend a week together in New York at his apartment and I made the flight to LaGuardia. We had agreed to meet at his job, my Plan B being I would go stay with friends if our first meeting in person turned out not to be all that I had anticipated from the months getting to know each other online.

Standing on the sidewalk, in front of Jon’s office building, I nervously dialed his number. I saw a familiar face approach the revolving door, he walked down the steps, gave a big hug, and we had our first kiss. Everything was strangely familiar—we knew a lot about one another from our daily conversations, but had never so much as touched. Nonetheless, I felt as if I had come home after a long trip—my heart felt a great sense of comfort. 

The week went by quickly and comfort grew into anxiety as the 4^th of July approached—I was going home the following morning. I often wondered how I would know when I fell in love. Although there are many people that I love and care about, what I experienced with Jon was different. Being with him was home. I had found my life partner, and there is no other way to explain it, I simply knew it. 

Throwing all caution to the wind, I confessed to Jon that “. . .this may sound completely ridiculous, but I’m falling in love with you.” Thankfully, he did not run! We have been together ever since.

Over the next year and a half we scheduled trips between our respective cities every three weeks. Our daily video sessions grew to include watching TV together, just like my parents have done for the last 40 years. The only difference was that our recliners were in different cities. 

 

One year later, the day before my birthday, I had boarded my flight back to Miami when my phone rang. It was Jon and he was devastated. “I just received a letter and it says that my work visa was not renewed. I have 30 days leave.” 

My heart literally sunk. 

I quickly shifted into survival mode, calmly responding that we would “figure this out.” That flight to Miami turned out to be infinitely longer than any of my 24+ hour flights to Asia would be over the next several years. 

Valentine’s Day 2013 marked the 2033^rd day that we have spent trying to “figure this out.” The only thing that stands in our way is a law that does not consider our seven-year commitment equal to my sister’s two- year marriage to her husband.

We are thankful and very fortunate to have two loving and fully supportive families. We have three nephews and a niece that do not know of time when Jon and I were not together. They know that Uncle Eric and Uncle Jon love them and spoil them every chance they get. Our relationship is not odd or unusual to them. What is odd is that we cannot live together—try explaining that to an eight year old! They know that I will be in Asia during the summers and oftentimes we will miss holidays and birthdays while we travel to be with one another. 

Well-meaning friends often ask “Why don’t you get married in [New York, Massachusetts, Connecticut, Iowa, Maine, Maryland, New Hampshire, Vermont, Washington or Washington DC]?” Few realize that marriage in those states will only resolve a few state issues. Unfortunately, the Defense of Marriage Act (DOMA) exclusively withholds 1,138 federal rights from same-sex couples, including immigration. 

We are hopeful that comprehensive immigration reform will include binational LGBT families.  Including the Uniting American Families Act (UAFA) would simply acknowledge us as a family and provide the means for us to finally live together. The alternative is to live in exile and leave my family, friends, career, and life that I have built over the last 39 years behind. 

We ask all our friends, family, colleagues and allies to help us and other same-sex binational couples.  Call the Capitol switchboard at (202) 224-3121, ask to speak with your senators/representative, and encourage them to include the UAFA as part of comprehensive immigration reform. If it is easier, you can email your senators at http://www.senate.gov and representatives at http://www.house.gov .  Forward this story and the others on the Out4Immigration blog to your network and ask that they do the same.  

Are you a same-sex binational couple? Do you have families / friends affected by this issue? Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.

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