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Binational Marches Alone at NYC Immigration Rally – Where were the GAYS?

Posted by: Lez Get Real on May 3, 2010.

5-4-10   MELANIE NATHAN

Britta is a Binational Lesbian, who marched alone this weekend in support of UAFA, to include binational couples in Immigration reform; Well, there were thousands of others, but no rainbow flags,

In June 2009, when I heard about Britta, she was being held in detention in a Florida Detention Facility; she had been caught in an ICE sweep and was unable to provide documentation of legal status in the USA and I was on my way to D.C. for the Senate Judiciary Committee hearing on the Uniting American families Act, that would provide immigration equality to LGBT spouses.

The blonde, blue-eyed beauty from ‘civilized’ Germany, such an unlikely candidate for detention, had indeed overstayed her US visitor visa.  When she was detained Britta  had been visiting friends in Florida, but never made it back to her home and partner, Carla, in New York City.

She lingered in detention for over three months, suffering emotional torture that ought to belie the conscience of any good American.  Britta has a big story to tell about her experience in detention and suffered in the same way as any other person, regardless of race or creed. She also has a big story to tell that would make her case for asylum.

What was different about Britta to others in detention is the fact that she had Carla, her permanent partner, with whom she had been living as a couple for the preceding ten years. Had Carla and Britta been an opposite sex couple, they would have married and Carla would have sponsored Britta for a green card. This plain, simple and inexpensive process available to straight spouses, a basic right for any American, yet not if you are gay or lesbian.

While Britta lingered in detention, with her asylum case pending, Carla did everything imaginable under the sun to find a way to have Britta released from detention. There simply was no help.

She called LGBT organizations – and was unable to get a single interview with any LGBT organization or group; each time she was told that because she was from Germany, she did not have a viable case. Yes, profiled by her own – profiled by an organization that purports to represent her minority community. Profiled as not fitting in even though her case, had it been reviewed, would be seen as absolutely with merit.

When Carla heard about the Shirley Tan case and my work on that, she contacted me. Cutting a long story short, Carla worked with the office of Jerrold Nadler, her Congressman in New York, and the Sponsor of the Uniting American Families Act, the very law that if enacted would have eradicated this awful inequity.  However at this time Britta remained detained despite all efforts by Carla.

After receiving the documents in the case, I realized that it was a good one, with merit and so I planned on speaking to Congressman Nadler on behalf of Britta, myself.  When I arrived at the hearing –   Congressman Nadler happened to be sitting in front of me.  I asked if we could talk and he agreed.

Congressman Nadler took Britta’s plight to heart, in fact he was horrified she was in detention, and proceeded to help effect Britta’s release, and also the transfer of her case from Florida to New York, on her own recognizance, where she could at least be with her partner, Carla, for the pending ordeal of an asylum hearing.

In the meantime, Britta was broken and had much work ahead of her to ensure her emotional. Shopping for an attorney to handle the case in New York with no money for a retainer is no picnic, especially since the couple has already exhausted their financial resources for lawyer fees and other expenses in Florida.

Britta met with many attorneys, but so far none will take the case pro bono; and no organizations in the LGBT community has provided any help with exception of the Lesbian, Gay, Bisexual, & Transgender Community Center in Manhattan.

When Britta returned home to Carla they went to Connecticut to marry legally, yet still Britta must face her impending asylum and Carla still cannot sponsor her for a green card. Heterosexual immigrants simply apply for adjustment of status when in court proceedings after they got married to an American citizen, and adjustment is granted by their Judge – case closed.

Britta had lived in the shadows of fear for so long and the last thing she would have thought was that from this harrowing experience she would turn activist. However, one night Britta and Carla attended a meeting with NYCLU and another event with Kristin Gillibrand, their Senator.

After being embraced in their plight by New York Civil Liberties Union, Britta has boldly stepped forward and is now appearing in some programs that are set to help UAFA and the possible inclusion of LGBT partners in Comprehensive Immigration Reform.

However, we cannot rest until we see a BILL to the point of passage that includes LGBT couples. Many are fearful that even if included, permanent partners will become the public option of Immigration Reform, and rejected even by center democrats.

This weekend, Britta attended an IMMIGRATION RALLY in New York and was disappointed in the lack of LGBT participation, providing Lezgetreal with the following statement:

“I am disappointed in the LGBT community; I attended the immigration rally with the NYCLU (New York Civil Liberties Union). While participating in the march I was looking for Immigration Equality representatives as well as some gay flags or at least some gay activists – I was standing alone holding up my sign to include LGBT binational couples in CIR. Except for NYCLU nobody else was apparently representing us. If we don’t show up, if we don’t take a stand in front of this nation and the world, if we don’t talk nor share our stories, how else can we ensure UAFA is included in CIR (Comprehensive Immigration Reform)? In the end majority & visibility counts! “In the end, we will remember not the words of our enemies, but the silence of our friends” (Martin Luther King Jr.), and today I remember the silence of my community while I am holding the fort fighting until the battle is won!”

Britta’s case for asylum will be heard in September – the Judge will not allow another continuance to find an attorney. She may have to represent herself in this daunting and complicated proceeding.

All Pictures may not be reproduced; Used on LGR with permission
copyright; Carla & Britta, via Private Courts, Inc.©



MEL  NATHAN’ s
LGBT Binational Immigration Column; Stories and UAFA

http://lezgetreal.com/?cat=5029


Melanie has authored a VISA – for Binational LGBT Permanent Partners,  fiance’s and spouses- as a stop gap measure to bring Bi-nationals back from exile and to help those currently facing unnecessary legal consequences. Please click her to support this much needed interim remedy. Immigration reform is a long way away for those who are either in separation or who are married to Americans yet still face deportation:

TO SIGN PETITION PLEASE CLICK HERE ;

http://immigration.change.org/petitions/view/special_visa_for_binational_lgbt_spouse-perma-partners

Melanie Nathan LGBT Advocate

By Melanie Nathan
binationals@privatecourts.com

@oblogdeeoblogda

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24 Responses to Binational Marches Alone at NYC Immigration Rally – Where were the GAYS?

  1. Christopher Reply

    May 16, 2010 at 8:54 pm

    It’s really sad that people has to go through this in today’s society. I’m trying to get my partner here and hopefully some kind of bill will pass soon to help us. Keep up a good fight and together we will one day be granted the same rights as hetero couples.

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  5. Britta Reply

    May 4, 2010 at 3:36 pm

    One more thought before I refrain from commenting for good; I did not tell my story to become a target for criticism etc. I am sharing my story so it will help others in the future. I am sharing my story in support of UAFA. I am sharing my story to bring awareness to an acutely broken immigration system. I am sharing my story so that one of you guys one day can fall in love with a foreign-born without having to leave the US in order to maintain your relationship while your partner is being detained or deported. This is not an easy task, but will hopefully bring awareness, justice, equality and freedom 4 all!

    • Bridgette P. LaVictoire

      May 4, 2010 at 4:26 pm

      Britta,

      thank you for sharing. Unfortunately, in the blogosphere, so much criticism gets slung around. Take care.

    • Natasia Rose

      May 11, 2010 at 4:00 pm

      But people do care! Someone posted pictures of gays at the rally! …I’m soooo confused…

  6. Natasia Rose Reply

    May 4, 2010 at 3:00 pm

    I think the problem with this post is that is comes across as overly defensive and accusatory. It was probably not ‘marketed’ to the LGBT community by the organizers. A lot of the posts on this thread complain that the LGBT community does not support each other, maybe the organizers of the protest didn’t want a large LGBT presence? I am a New Yorker and I didn’t know about the protest at all. Why are you all so quick to blame the members of our community instead of looking at the others involved in this event.

    • Britta

      May 4, 2010 at 3:12 pm

      Hi Natasia, just trying to find a solution for the next event/ march, where we can be more visible advocating 4 UAFA. Any suggestions? I guess we need a better communication system.

    • FAEN

      May 4, 2010 at 6:30 pm

      ‘just trying to find a solution for the next event/ march, where we can be more visible advocating 4 UAFA. Any suggestions?’

      Britta, first let me say, I’m glad youre out of that horrific detention center and I applaud your bravery and wish you all the very very best. My thoughts and prayers are with you and your partner. As for a suggestion, I think it would be a good thing if an org like GetEqual took up this cause and started chaining themselves to the WH. As binationals, we have to be so careful and really cant protest as vociferously as other LGBT groups.

  7. Tom Reply

    May 4, 2010 at 6:35 am

    I’m not criticizing you Britta, I’m asking why you didn’t post something on a listserv. I’m asking you a question – please go back and read my post. What I am offering is constructive criticism for any future events/rallies – we must all reach out and make things happen ourselves.

    It is not right to say that just because you didn’t see an LGBT presence, amongst thousands of other marches, that there wasn’t one, when their is proof that there was.

    Mel – here are some links to pictures and video showing LGBT presence at various marches, including the one Britta was at:

    http://www.youtube.com/watch?v=gN1ScYW51mg

    http://www.lgbtpov.com/2010/05/queer-contingency-among-50000-at-l-a-may-day-march/

    http://www.facebook.com/album.php?aid=208091&id=107592419594&ref=mf

    • Britta

      May 4, 2010 at 2:59 pm

      Hey Tom, first of all my apology, I obviously did not see IE at the rally in their red t-shirts. It would have been great if a gay flag was visible for all to see. I walked around looking for flags and IE stand, but was unable to find anybody. I was at the rally at 11 a.m. and left after 2 p.m. In all those hours I did not notice any gay coalition. I guess we all have to communicate better next time; you’re right. Also, I sent out emails besides doing a lot of advocacy 4 UAFA on my own without any support from LGBT organizations. Please note that I also said in my statement with emphasis on APPARENTLY “Except for NYCLU nobody else was apparently representing us.” In any case, I was only referring to NYC and not the whole country. Your links show pics of the gay crowd in L.A. – I love it; I only wish we would have been that visible in NYC as well. So, maybe next time we start fresh being more visible; what do you say?

  8. FAEN Reply

    May 3, 2010 at 10:34 pm

    The more I talk about the UAFA bill the more I find most of the GLBT community really could care less. I am disgusted by the lack of support.

    • Bridgette P. LaVictoire

      May 3, 2010 at 10:41 pm

      Faen,

      So am I. I sometimes feel like we’re not a Community. I often feel like we’re being lead by a group of people who are more interested in their own pockets than helping us, and don’t care if those of us out there suffering suffer.

  9. Britta Reply

    May 3, 2010 at 4:36 pm

    Our brothers & sisters must feel either hopeless, fearful or inconvenienced, but WHAT AFFECTS ONE, AFFECTS US ALL! Our fight for justice is not only about marriage, it’s about rights, 1000 RIGHTS that come with a marriage certificate and heterosexuals are granted those rights. We, homosexual binational couples, have to be included in CIR. We cannot help who we fall in love with nor have we chosen to be gay. Remember that , remember you don’t have rights when you fall in love with a foreign-born – you might find yourself in FORCED EXILE!!!

    • Tom

      May 3, 2010 at 7:37 pm

      It is up to everyone to reach out to local groups, local community centers, political groups, etc…to educate them on this issue and ASK them to show up! Why didn’t you post something on one of the many LGBT immigration related listservs asking for people to join you in NY? If you don’t ask people, they will not show up on their own.

    • Tom

      May 3, 2010 at 7:46 pm

      It is up to everyone to reach out to local groups, local community centers, political groups, etc…to educate them on this issue and ASK them to show up! Why didn’t you post something on one of the many LGBT immigration related listservs asking for people to join you in NY? If you don’t ask people, they will not show up on their own. Immigration Equality was at the NY event – they have pictures up on FB showing this!

    • Melanie Nathan

      May 3, 2010 at 8:08 pm

      Tom, I would think that any organization that got us into this Comprehensive Immigration reform situation would be at may day rallies in full force. It is not up to a single woman going through the biggest trauma of her life – and trust me you have no idea what she is going through, – to have to advocate on behalf of organizations that have claimed ownership of this territory of LGBT issue. IE should have advertised the March on their sight and they should have arranged a meeting place and Steve Ralls should have done his usual pitch on Pam or on Huff Post. Given Britta’s circumstances I think it is a little insensitive to have any expectations of her at all. Not to mention a few surprises that are coming that involve an incredible amount of advocacy by Britta and Carla.

      Further nore why did IE not reach out to oter groups such us OUT4I’s listserve or to NCLR to put it out.

      I went on FB for IE and see photos of straight people in LA. A few wearing T shirts and spattered around. I see no banners and no organized contingency. If I am missing something please direct me to the appropriates picture.

    • Britta

      May 3, 2010 at 10:05 pm

      Thanks, Melanie! Now some words to Tom: My dear Tom, I have reached out to local community centers etc. by sending emails regarding rally; I did not hear back from them! Second, it does not come as a surprise to me that I am being criticized instead of being supported – yet again it certainly shows the lack of solidarity, empathy and constructive criticism. So, next time simply ask me what I have or haven’t done before you judge me!

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  12. Wake Up AMerica Reply

    May 3, 2010 at 3:10 pm

    Do we not care? I too seen NO ONE in the DALLAS IMMIGRATION MARCH! My heart is in pain. I have no words to describe how I am feeling! I do show after show after show on getting the Bi-National Visa Petition signed but much disappointment is closing in on my belief that the LGBT people just do not CARE ABOUT US! I am truly saddened by the lack of support from my own Brothers and Sisters and deeply hurt by my Countries lack of urgency regarding Immigration Reform!

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