The Gutierrez Comprehensive Immigration Reform Bill -FAILS to include LGBT Families and ignores UAFA
Posted by Melanie Nathan- If you look at the history of my posts, you will see that I have been an avid critic of the strategy adopted by Immigration Equality who spearheaded the effort to have LGBT families included in all and any Comprehensive Immigration Reform Bills. Yesterday, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. I do believe that Immigration Equality and other activist groups worked hard for LGBT inclusion, but at the same time they backed the wrong horse.
To me the writing was on the wall. Although Rachel Tiven of IE states in her BLOG that there is still hope, I am terribly upset to have to note “I was right.” The leadership acted as if this was the only strategy and as I said they effectively SHOT ALL BI-NATIONALS in the toe, with their off course (From Uniting American Families Act as a stand alone) strategy.
“We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.”
This statement fails to recognize the complications in this strategy. One only needs to look at Health Care Reformto see all the unpredictable dealings. It is still my belief that even if we were included, we will be the sacrificial lamb. It is time to change your modus operandi and this is my call for a leadership that is all inclusive – one that will use the brain power and strategy offerings of experts, not only of a handful on the Hill.
Tiven goes on to say: “First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.”
This is a nebulus statement; it is weak and meaningless. Out binational community wants answers and assurances – not willy nill lets hope for the best attitudes that rely on “the goodness of the heart” of our so called friends in Congress. What about the specifics. I urge Immigration Equality who touts itself as the preeminent organization on the issue to demand our rights through a stand alone and to get off this rediculous notion that it can be done through CIR. Shange your strategy now. Please stop patronizing those that keep disappointing us.
Tiven says “Second, this bill is not the large-scale, comprehensive immigration reform bill that is expected in Congress early next year. That bill is currently being written, and a number of our champions – including Congressman Jerrold Nadler, Congressman Mike Honda and Senator Patrick Leahy– continue to work to ensure that bill includes our families.’ Again what is our strategy? What do the binatio nal couples want to see happen? Are we willing to risk another “ oops I am sorry buyt we tried hard, but dont worry next year….?”
I urge Immigration equality to provide us with a blue/pink print of their strategy – a PLAN. All I see is them maintaining a losing course. Why does IE have control of our destiny – surely all you bi-nationals can get more letters and stories to congress.
If there is blame it can be spread around. If there are over 40,000 binatinals out there – where is your voice? You must be heard. Your congressional reps need to hear your stories. We only get a few hundred to respond to our grassroot efforts and requests for example in letter writing writing campaigns. Contact NCLR, Immigration Equality, EQCA and ask who is leading the strategy here? Demand your rights every day and demand effective leadership at the same time. Do not just hand over donation dollars. Use the money to get on a plane and to go to DC to advocate for yourself.
Tiven continues ” Third, some LGBT families will benefit from other provisions in this bill: for starters, those who have fallen out of status because they cannot be sponsored by their partners; LGBT detainees, who are too often victimized and discriminated against under our current system; those who need a path to citizenship in order to keep their family intact; and queer teenagers who have grown up and come out in this country but who have no future without a change in the law.”
Well this is no consolation – of course we expect equality in how we are treated – but this only begs the question – many of us are out of status because we do not have any law to recognize our relationships and our rights to equality under the immigration law in the first place.
Tiven continues in her BLOG, ”Immigration Equality will not rest until Congress passes LGBT-inclusive immigration reform. We continue to push – every day – for passage of the Uniting American Families Act, the Reuniting Families Act and every other possible victory for our families. Our strategy has been – and remains – to pursue every available avenue for success.”
The “proof of the pudding is in the eating. ” I challenge this statement – how many have signed on to UAFA since June 3rd 2009, after the Senate Judiciary CommitteeHearing, which ought to have been a launch for UAFA as a stand alone. Instead IE took the gift of Shirley Tan and the Hearing and steered it down the path of Comprehensive Immigration reform. When will the strategy recognize the RIGHT that American gay spouses are robbed of? Thus strategy fails to focus on the inequality suffered by the American, bu shifting the focus to the privileges of the Immigrant. To pursue ever available avenue is in itself a bad strategy. It is clear that by pursuing comprehensive immigration reform, the members of congress have a wait and see attitude and an “out” as far as UAFA is concerned. I have had two congree members agree with me on this; and in fact to face discussions I was informed that once we take on CIR, UAFA sits in the wings.
In conclusion Tiven notes – “ The bill introduced today is, for all of us, disappointing. But the immediate future remains hopeful. There are many more steps on our journey together – and in the Congressional process – and we remain confident that, in the end, our champions will stand with us, and immigration reform will include our families, too.”
Okay American LGBT community – is this good enough?
U P D A T E: How can we call this comprehensive Immmigration Reform when we exclude our LGBT community? Easily because we have no immigration equality. That is the point that our leadership fails to understand. How can we expect to be included when we are not recognized. That is why we UAFA as a stand alone. Of course if DOMA were repealed we would fall in under this reform Act fully.
| I was sent this e-mail today from a Group called RESTORE FAIRNESS - A historic moment has finally arrived and we need YOU to do your part to help fix our broken immigration system. Yesterday, Rep. Luis Gutierrez introduced the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP). It is already supported by 87 members of Congress.The Bill outlines a progressive vision for fair immigration reform that respects due process and human rights.Some provisions:1. Codify detention standards to provide humane conditions, medical care and legal counsel and stop the senseless deaths; 2. Provide secure alternatives to detention so that we stop locking up harmless individuals, children and people with severe medical conditions; 3. Enable judges to review DHS decisions and practices to prevent abuse and human rights violations; 4. Create a fair path to citizenship for the millions of hardworking individuals and families who live here. As Rep Gutierrez so rightly said, “This is a crisis of human and civil rights, it’s crisis of our economy and workforce and it’s a crisis of national security.” This crisis needs our urgent attention. Now, more than ever, we need you to URGE your Congress members to support immigration policy that respects due process and human rights. |
I welcome your comments and also personal e-mails.
Picture: When tere was hope – Melanie Nathan together with Shirley Tan and Jay Mercado at the Senate Judiciary Committee hearing in DC on June 3, 2009. Also in picture two couples who are now in Exile, Rachel Tiven and Julie Kruse from immigration equality – Picture taken by Brit Farbo, Norway.
Posted by Melanie Nathan
nathan@privatecourts.com
www.oblogdeeoblogda.wordpress.com
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I too have been very disappointed by Immigration Equality. It seems they got to DC and started enjoying the prestige of rubbing shoulders with congress members and senators more than actually holding said lawmakers to task. I’ve frequently gotten letters in the mail asking for donations–sorry, that money is earmarked to the expense of having to maintain a binational relationship because we’re getting thrown under the bus.
Thank you for responding. As you can see I am taking flak for my perspective, but will continue to be vocal in the hope things can change by epople like you coming out and doing your part as well. Jon, if you are interested in being part of anew project please feel free to email me at nathan@privatecourts.com
Dear Melanie,
Thank you for writing this!! You have my complete support. I even called you today because I noticed what Immigration Equality had been doing to use the Tans for their own purposes. I received a fund raising letter from them yesterday that made my blood boil. They have the audacity to ask me for contributions and to tout the Tans? They’ve done nothing for me and Dzmitry, although last year I contributed to them, after learning about them helping them win an asylum case for a persecuted gay man. My score for Immigration Equality is BIG FAT ZERO.
We have our own bill, the UAFA (not the RFA, ENDA or CIR)! Let’s all get behind our own bill. Let’s tell our stories to the world, in face to face meeting with our representatives’ offices, and let’s allow Immigration Equality to go off into the sunset of CIR. They, like HRC, clearly represent bi-nationals only to the degree that they can use our suffering to promote their own interests, without doing anything substantively to help us. As for myself though, my situation and my partner’s situation is so weak now due to 6 years of drain on us, and absolutely zero hope for any possible solution that could help us, that I may not be able to continue the battle with all of you.
Have a nice evening,
Madison Reed
Melanie,
Thank you for posting my letter to you. I was already planning to do it myself this evening. I share something else with you here, that I sent to the deputy communications director of the National Immigration Forum this morning:
Attn: Shuya Ohno
Deputy Communications Director
National Immigration Forum
Washington, DC
Dear Shuya,
Here’s a copy of a letter I just sent out to Rich Stolz, that reflects my sentiments toward the new CIR news that EXCLUDES any solution in the proposed language, to the horrible and deliberate, religion-imposed, immigration problem that has almost destroyed my life and the lives of 80,000 to 200,000 bi-national couples. I’m a gay American national man, resident of West Virginia, who has a foreign partner who lives in the eastern European nation of Belarus, which is a dictatorship. We’ve been living in 2 countries for 6 years now, and the stress on us is destroying our lives. We trusted that Congressman Gutierrez had the integrity to include us in the language of the bill as he promised. But it seems otherwise. Our community will not accept promises by politicians. We must to see real action. Please take a moment, to read about some of the LGBT families destroyed by U.S. immigration law via the “Our Stories” link at the end of my letter to Rich Stolz. My and my partner Dzmitry’s brief story is included on that page.
Have a very nice week,
Madison Reed
De: Madison Reed
Asunto: VERY URGENT! Re: Act Now – Support Congressman Gutierrez’s Bill
Para: info@reformimmigrationforamerica.org
Fecha: jueves, 17 de diciembre, 2009 16:02
Good morning Rich,
I have withdrawn my support for Congressman Gutierrez’s bill, and have begun recommending this to friends, and through my blog, because I’m an American citizen who believed that I wouldn’t be thrown under the bus again by another Washington politician who uses gay and lesbian Americans for support, always promising us that our rights will included in this or that legislation, up until the time that the pen hits the paper, and then we’re dumped. Sadly this happened to LGBT Americans who have foreign partners, like myself, who were promised we would see LGBT bi-national immigration inclusive language appear be in CIR (from the Uniting American Families Act bill). Reports from early this week show just the opposite. We were again excluded. We’re being asked to believe everyone again, “not to worry,” that eventually we’ll be added. I don’t believe it, because I’ve seen how LGBT civil rights are always dumped.
So I have stopped supporting CIR as it is – not because I do not favor solving the immigration nightmare for all people affected. It is because it is extremely anti-American, rude, unjust and dishonest for me and an estimated 40,000 to 100,000 LGBT Americans, plus their foreign partners – our families – to be ignored in the CIR, after being told not to worry. I will also work as hard as I can to discourage others to support CIR, until I see the UAFA language appear in the CIR, with concrete promises from Congressman Gutierrez and others that this will never happen again.
Rich, will you take a moment to read “Our Stories,” to see just a few stories of the gay and lesbian Americans whose lives are being destroyed by discrimination built into the U.S. immigration law?
Madison Reed
Huntington, WV
http://imeq.us/our_stories/stories.html
It’s amazing how much energy our community spends squabbling with our most committed allies. Imagine the results we would achieve if we put that effort into engaging our communities in the workplace, church and synagogue, family, friends and the media to work for inclusion of LGBT families in immigration law.
I support the work of Immigration Equality. They do things that I can never do from my home in exile 3,000 miles away from Washington. I am grateful that a small staff of committed and hard working people devote themselves every day to winning my right as a US citizen to live in my own country. I am in awe and moved by what they do.
From all the whining in our community, you’d think that Immigration Equality could just wave a wand and end discrimination in immigration, and is refusing to do so. IE cannot pass UAFA alone. It is going to take all of us in the LGBT and women’s communities, whether it is passed standalone or as part of another bill.
Melanie, I love you, but to me it’s real simple. If you don’t support the work of Immigration Equality, then don’t give them your money. Find another way to make a difference. Do the work you say needs to be done. Work together with others who are making change.
Martha,
Thanks for your comment. Unlike many I really appreciate dissent and even criticism. In fact I see great value in discourse.
I would urge you, though, to reconsider some of your terminology in so far as it applies to my way of expressing my ideas. You may want to call it squabbling (Thesaurus – backbiting, bickering, internal strife) ; Translation –“ to have a petty argument over a trivial matter”.
Firstly this is not a petty argument or nor is it a petty matter; that is invalidating the seriousness of this issue. I do not think the binationals, unlike you and me, who cannot be with their loved ones, regardless of location, would appreciate such.
That said, if you read my articles since June 04, 2009, you will note that I am in disagreement with Immigration Equality’s strategy. I express it on a regular basis, more so when I see it is not working. I believe that it is because of their assertion that they are the preeminent LGBT Immigration rights organization, that they have a duty to consult with and involve the entire community in their strategy. The ought to be accountable to all of us, they are a non-profit – they have to account for the mission they have undertaken especially if representing to Congress that they are speaking for our cause. They do not only have to be accountable to those who give them money. They have held themselves out to be “THE number one organization” that does this IE work –and hence the duty flows.
What you do not seem to understand is that when they choose a strategy and are the only ones making a noise about it on the Hill, that becomes the strategy for all of us even if we disagree. In this case, they have taken us down the wrong path. I am creating a forum for discussion so that all of our voices can be heard if we disagree – to call that squabbling or whining seems distorted to me.
Martha, you are with your partner, my case is concluded and my wife has her green card. You are able to travel back and forth. We have much less invested in the outcome than others including the 7 people I am currently helping who cannot be with their partners at all, for years now, and for varying reasons. Those are the binationals who need immediate help. The truth of the matter and you know it, is there IS no one to help them. These are the people that I provide the counter argument for. Do you want to tell people who are unable to be with their beloved partners for years on end that this is the only way? Do you want these people to continue to live their lives in waiting, based on the strategy defined by 3 people in an office in DC?
I strongly believe IE, as good as you may believe their intention to be and as wonderful a job as many think they do, have taken us down the wrong path. If that is NOT the case then why are they not willing to engage in the discussion, at all? Their way or the highway? Call it anything you want, but I will continue to be vocal – very vocal- where I believe most sincerely we are not being heard, or where we are being taken advantage of.
Then sadly Martha, especially in light of the recent personal email you sent me I find his statement of yours to be disconcerting and quite invalidating:
“Melanie, I love you, but to me it’s real simple. If you don’t support the work of Immigration Equality, then don’t give them your money. Find another way to make a difference. Do the work you say needs to be done. Work together with others who are making change.”
I have worked tirelessly to fill a gap that no one is filling. The very people that LGBT organizations turn away because they will not fulfill the number of ‘wins’ required to tout success in fundraising.
I believe I have earned the right to complain and expect and criticize and ask for better strategy…. I have given up my earning life, living on the smell of an oil rag for an entire year devoting most my time and energy to the work I am doing for binationals. I am doing the work Martha, and to say otherwise is hurtful to me. Some of us do the dirty work so to speak – I am in the trenches here. I AM making a difference and telling me to find another way to do it is an insult to say the least. I am working together with many who are working towards change.
By stating this it seems to me that you are endorsing the belief that Immigration Equality is in fact the ONLY organization – that we rely and depend on them, in which event my argument is correct – they are accountable to all of us and must therefore be accountable and transparent.
These are the questions I asked which they took off their comments. I have tried to address this with them many times before. However instead I went to DC myself and saw staffers, discussing the issue in depth and even came up with some important answers. They were very receptive to me and I actually do know at this point that my personal visits made a difference: Here are the questions that IE refused to place on their BLOG comments-
“It may be a good idea to seize this momentum now to push UAFA as a stand alone. That will require addressing the following issues:-
1. Senator Feinstein:- wants to provide language for UAFA by working with Nadler. Senator Leahy et al – where the issues of a contractual nexus between partners is addressed. This may include a more onerous burden of proof, which I believe
binationals who have been together for years would be glad to provide;
2. After testimony at UAFA hearings the Senators specifically asked for information showing how
other countries get around the contractual nexus issue. Question
Has IE pursued any of this and if not do you plan to do so.
Melanie Nathan”
Again your words: “Find another way to make a difference. Do the work you say needs to be done. Work together with others who are making change.”
Hopefully you will find the courage to take back these words, as they fly very offensively in the face of everything I have done PRO BONO and still plan on doing. My writing on LGR has brought many more people to the issue –and I have received many personal emails in support of my stance. You would be surprised at how many and who agree with my standpoint and will not say it publicly. I respect their privacy and will never reveal who those people are.
I am currently looking at moratoriums and special visas for our binationals. I have been extremely creative and advocating to help people in the NOW, the people who do not fit the mould and are being turned away; I am doing a lot for one person who is the sole supporter of a family with small children.
Even if I were the only one visible dissenting voice, bottom line, I will not be manipulated into keeping quiet, through the misuse of words such as bickering, squabbling, whining, as being applicable to me when they are not. Perhaps words like that can be used for those who sit in the PJ’s on the couches doing nothing at all.
Martha I honor and respect the work you are doing. As you know I have worked and continue to work with others all the time; and not IE because they are not open to hearing any one else. I am not the only critic they have tried to silence. I will say though that I will continue to be a critic and vocal, because in truth it is necessary. I have no self serving motivation or anything to gain personally. In fact when my dad read about all the work I have been doing and noted the hours I spend, he asked : “Mel what are you doing this for; what are you going to get out of it?” All I want is to see justice and fairness – it goes to the very depth of my spirit and I will not rest until it is done. Please keep an eye out on LGR because I am srating a new Column that all will find interesting. You will see what it is at launch…..
We get a lot of readers here and I am going to continue impacting change ……
Melanie – Clearly you are doing something! I did not mean to imply that you are not. There is a lot of work to do and it is up to those of us who are committed to equality for all people to find ways to get that work done.
LGBT people must win equality in every area in the USA. That includes immigration. We belong in CIR. There is no fair argument to exclude us. I refuse to give up my right to be included in immigration reform. And frankly, I don’t care what bill UAFA is included in, as long as it is passed. I believe we must continue to demand inclusion at every opportunity, including CIR.
Martha, I understand that we should be included in CIR – it is reprehensible if we are not. The point that some are able to comprehend is the fact that CIR as a strategy is not simply not a good strategy. Can you not see the fine line between the two? Fine line yet critical. I have many who agree with my way of thinking. For their own reasons choose not be vocal. At least not publicly.
What you are not ubderstandig is the difference between the privelege t the Immigrant spouse and the right of the American sppouse. Americans must receive equal immigration right to sponsor a spouse. The entire focus of CIR is going to be on Immigration and immigrants and if we get in that way it will be absolutely the right thing to happen. But again CIR needs tpo be organic for us and NOT the focus of our advocacy AT ALL… Cant you see how muc we have lost for UAFA as a stand alone; and the fact that if we push it as a stand alone it will ultimately be more likelyu bto be included in CIR. This business of dual strategy is a fallacy for as long as we do nothing to keep on UAFA.
Please look out for more postings – they will include my suggestion for how e can make this happen. It is very clear to me.
A strategy is a plan of action designed to achieve a particular goal.
CIR and UAFA are pieces of legislation. They are goals, not strategies.
Yes, I shortened my English – intending “Pursuing CIR” that is a strategy. As a Goal it requires strategy. We are talking symantics here.
I know that this is coming from a very naive perspective of mine, but honestly, I still cannot comprehend what is the real problem here. I still cannot believe that we are living in the XXI century and we STILL have to fight for these things. That we STILL have to separate homosexual and heterosexual families. It’s STILL the heterosexual family which seems to be the ‘REAL’ family, the heterosexual love the “REAL’ love, and any other kinds are simply …what? Joking around? Not serious enough? Not relevant enough? Not real at all? It pisses me off so bad that I need to prove my feelings to the other people with power, while heterosexual people can just get married and get divorced the next day, CLEARLY not thinking it through, who are CLEARLY not worth it, and they’re still treated seriously.
I don’t think that ‘battling’ peacefully for our rights is the way anymore; I think gays and lesbians of the US need to GO OUT -also out of the closet- and REQUEST their rights, not ask for them, which seems like begging at this point. They need to FIGHT for the rights.
FIGHT.