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Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief

Posted by: Lez Get Real on September 13, 2010.

Melanie Nathan; 09-13-10

Tan-Mercado family & Mel

If  This does not wake Immigration Equality up what will?

Today a powerful article appeared in the Washington Post.  It speaks to the hardship caused by the Defense of Marriage Act; that even if gay and lesbian same-sex couples can marry in a given State, the Federal Immigration Laws still exclude the couples from  the benefits of the Immigration & Naturalization Act as conferred on different gender couples.  Gay and Lesbian Americans and Residents cannot sponsor their  foreign partners for residency in the USA.

Immigration Equality took UAFA down the path of Comprehensive Immigration Reform, knowing full well that it was a rough shot.  Had there been no alternative or opportunities along the way to take stock of the strategy that would be a great excuse, but that is not the case. I believe they will have destroyed the future of  UAFA unless they change strategy NOW!    Unfortunately it is IE which has taken the self-described role as the preiminent organization on the topic; and other LGBT groups have bowed to this position. They have steered the strategy and advocacy -Hence the responsibility is squarely theirs!

The Washington Post: “The demand by these couples to gain the same immigration rights as heterosexuals is supported by key members of Congress, but is undermining the fractious coalition of groups needed to push through an overhaul of the nation’s immigration laws. Including equal treatment for gay partners of U.S. citizens, key advocates say, threatens to doom the already fragile hopes for change.

“It introduces a new controversial element to the issue which will divide the faith community and further jeopardize chances for a fair and bipartisan compromise,” said Kevin Appleby of the U.S. Conference of Catholic Bishops, which last year said the inclusion of gay couples in a House bill aimed at reuniting families made it “impossible” for the group to support the measure. “Immigration is hard enough without adding same-sex marriage to the mix.”"

The full Article is a must read for all LGBT Advocates and Allies. It tells the present reality and truth of what was in my estimation easy to foresee. I saw this outcome on June 4th 2010, when Immigration Equality made a unilateral decision to do with our rights and dollars – advocacy of its own will!

For over a year I have been imploring Immigration Equality and other advocacy groups, not to take the Uniting American Families Act down the path of Comprehensive Immigration reform. The only response I ever received from the Group, was for one of its employees to call Lezgetreal to ask Dr. Paula  Brooks, our editor-in-chief to fire me because “Melanie Nathan is a time bomb waiting to explode.”  http://www.washingtonpost.com/wp-dyn/content/article/2010/09/12/AR2010091204157_2.html?sid=ST2010091204182

This is what I wrote back on July 18th, 2009:

As my readers know I have expressed a great deal of concern with how the  Uniting American Families Act has been handled by our self-appointed-by-ommission-leadership. It  is sad, yet validating  to note the comments of Congresswoman Speier  on UAFA’s unlikely passage.    Albeit it disturbing news, I believe it can and ought to serve as a titanic wake up call to bi-nationals, supporters and the LGBT community as a whole.  It is time to fight for UAFA and it must be NOW.  The Article can be read in full at….  http://www.ebar.com/news/article.php?sec=news&article=4072

Congresswoman  Speier mentions that UAFA is low on the list of important and hence unlikely to see passage.   I too have heard that many members of Congress have not even heard about UAFA, the bill that will allow American Partners in same-sex relationships to Petition under the immigration law for their Permanent Partners to remain in our Country.  While Shirley Tan and Jay Mercado’s case created astonishing awareness, I agree with Representative Speier’s comment – “ In regard to a bill that would allow LGBT Americans to remain in the country with their foreign-born partners, Speier said the issue had not gained enough traction in Congress to become a priority.”

To me this is indicative of the very problem that I and many others have been concerned about and I am willing to go out on a limb to assert UAFA  has not gained traction for, inter alia,  the following reasons, and some points are cryptic:

1. Lack of involvement and utilization of grassroots groups;

2. Failure to use the stories of bi-nationals as a poignant tool, beyond mere display on websites;

3. Lack of effective leadership by Immigration Equality organizations– good leaders gather the best brains in the Country and do not make decisions without consultation, alliances, strategies and delegation.  When alliances are made, we should never lose sight of the prize by being swayed into battles that deplete our minimal resources.  Losing sight of the prize is when we minimize the fight for equality by shifting to a fight for immigration reform for those who already have the right to petition for spouses.  UAFA is an issue of Equality and not an immigration issue.  We have been manipulated to look at the issue from the perspective of the immigrant.   UAFA should be seen and advocated through the eyes of the suffering of the American partner citizen who has been denied the same rights as other Americans in permanent committed relationships having the option to marry. Immigration is a privilege for the immigrant and inherent in the Immigration & Naturalization Act is a right for an American citizen spouse/ fiancé. Lesbian and Gay Americans are denied these rights. That is the fight and we should not be led down other paths.

I believe as do many that the Shirley Tan and Jay Mercado story hit the mark.   Their Story provided a mix of every element critical to immigration awareness and especially the LGBT and bi-national plight.   The fact that had there been equality of process by recognition by US law of same-sex permanent partnership,    the family would never have gone through the hell they did.  This exacerbation of hardship is clearly evident from Shirley’s testimony before the Senate Judiciary Committee on June 3rd this year.  I urge every reader who has yet to see the testimony to do so on you tube and to add to the already 29,000 plus who have viewed it.

The very day after their testimony, Immigration Equality  in D.C. effectively shifted the focus to RFA, the new legislation being introduced by Rep. Mike Honda.  Although this Bill was momentous and Shirley spoke at the initiating press-conference, I had not been fully apprised of the nature of the conference.  Regardless, as Shirley’s personal advocate I did believe her appearance was important, but I would not have agreed to it had I known what I now know and that is that the focus would shift from UAFA as an absolute, and that Immigration Equality would re-assign its resources, contrary to the expectation and consultation with a fully respresented  bi-national community itself.

This was a big mistake in my opinion.  Of course LGBT language should be included in immigration reform as a matter of course as it is the right thing to do.    However, our fight is still the equality fight and we are selling our community and those who have funded and advocated the work, short if we fail to focus on UAFA.

Shirley and Jay agreed to represent the issue of UAFA and that is why we went to testify; and they remain committed and focused to continue to do so.  They know and understand the value of comprehensive immigration reform and the inclusion of LGBT language therein, but will not take their eye off the ball when it comes to the inequity of immigration laws against same-sex couples. I believe a great opportunity and momentum may be lost if we do not take Shirley and Jay’s advocacy to the next level in relation to UAFA – and that should be to speak to and motivate other couples to deliver and share their stories with their own congressional representatives.    I am convinced this type of direct advocacy would  impact Congress to move quickly.  They have no idea about the extent of the suffering – someone has to deliver the message.

I had a great conversation this week with a prominent D.C. insider who has much more experience in D.C. than me.  He explained his view and the reigning sentiment amongst LGBT organizations such as Immigration Equality, on the importance of  the LGBT alliance with the larger immigration community via the Mike Honda Bill, Reuniting Families Act, (HR 2709) that seeks to incorporate UAFA.   He also conveyed, similar to Rep. Speier, that D.C. intelligence is clear that UAFA stands less chance than Comprehensive Immigration reform of passage; and that for this reason some organizations may be seen taking a new path which clearly veers from the absolute focus on UAFA. I was really appreciative of our discourse yet remain unconvinced, especially when my source admitted that we could land up being dumped,  the sacrificial lamb at the end of the road.

However at no time to date  has the beast been unleashed, truly unleashed; and believe me there is one waiting…. If all the bi-nationals band together on a grassroots level and strategize and if more Shirley and Jays and Carla and Britta’s have the courage to show up on doorstep of congress with their reporters, cameras and bloggers in tow, and if people like me are willing to advocate for Private Bills  and in arenas that most say are impenetrable, I really believe that UAFA can move in a direction that would provide a format of a Bill that will pass.

Congress can and will have a new attitude toward UAFA – but it is not going to happen until we empower our community to make appointments with their representatives in every district, to show up with their own stories asking for help and if they do not need help, then to show up with the stories of other constituents.  Congress will buzz if the dialogue between Rep and Constituent is prevalent and persistent.   Until this constituent push happens the D.C. insider intelligence is meaningless.  If congress has not taken the issue on after we do this, then I will succumb to the current D.C. Intelligence.

Shirley Tan’s testimony at the Senate Judiciary Committee has had almost 30,000 hits on YouTube – compared to about a couple hundred by Session’s witnesses.   I believe that speaks volumes for the clout of empowerment.

If anyone who reads this article is interested in joining the battle, providing funding, or simply chatting, please contact me directly for direction at nathan@privatecourts.com. THAT WS BACK IN JULY 2009.”

Thanks to OUT4Immigration for mobilizing the grassroots in a big way since back in 2009.  They have done an extraordinary job; but the ego-based IE has failed to embrace this unfinded group of volunteers in an effective way.
Also OUT4IMMIGRATION- please use your grassroots clout to reconsider CIR and perhaps  Immigration Equality with your impetus could get us back on track for UAFA as a stand-alone-bill.

I  think I can safely say that no one has reported as vehemently as I have done or as much on this subject and I feel qualified to BEG yet again :  ‘Now Immigration Equality  and other Organizations will you please wake up and GET UAFA passed as a stand alone during the lame duck!!!‘

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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17 Responses to Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief

  1. MJ Reply

    October 5, 2010 at 9:02 am

    We are a binational couple and your country’s non inclusion for married/committed lgbts is breaking us down.

  2. sparta jr Reply

    September 28, 2010 at 10:22 pm

    I wish something would happen!!!
    We are a binational couple looking to meet other binational couples to help overcome immigration challenges.Im ready to take Uniting Families in to my own hands. Binational gay couple here. Anyone interested in Talking?

  3. Aaron Reply

    September 14, 2010 at 4:40 pm

    I too am someone directly affected by this issue. I fear that the current congress (or post-november congress) will not pass UAFA either as a part of CIR or as a stand alone bill. As a movement I would like to encouraged IE and O4I to not put all of our eggs in to the UAFA basket. There has been discussion within the Obama administration to extend the use of executive administrative relief programs (Temporary Protected status, humanitarian parole and asylum) to particular groups of immigrants not already covered. This would be at least provide partial relief to some binational couples while bypassing congress all together. Yes I recognize that the relief would be imperfect and incomplete. Nonetheless we should be advocating to the Department of Homeland Security (Janet Napolitano) and to the DOJ (Eric Holder) to expand such executive solutions as to provide relief for binational couples.

  4. Janice Reply

    September 14, 2010 at 11:56 am

    I am all for what GreenCardsforGays says. Yes, I think a change is strategy is long overdue. It is my fear that we will be the sacrificial lamb when it comes to CIR. This whole process frustrates, tires, and scares me. I too like Richard H, Anthony, and FAEN desperately scour the Internet for any shred of information and news that has appeared since I last looked, which of course would only be the day before. I’m like an addict needing their daily fix of hope, only to become more and more disappointed when there is nothing. Even when I do find a new piece of news, it only serves to make me more fearful that we will be cast aside again.

  5. Richard H Reply

    September 13, 2010 at 5:17 pm

    I am so tired of searching for news of hope on the internet every single day.  I search for news of any advancement of our cause.  My new fears are that legislation will as it has in the past go now where.  It seems in the recent months our rights as LGBT people have seen victories in the courts.  
    My feelings our the Democrats will lead us on again.  There is always going to be something more important for them to work on than the rights of Bi-national couples.  Healthcare reform, the economy
    and what ever other excuse they may throw at us.   I feel that if the Massachusets ruling throwing out portions of DOMA are upheld,  Then It is time to take this case before the courts.  The president has been set. A binational couple that has been married in Mass. should be able to win the argument on the same grounds as the first ruling.   Does anyone know if any cases are pending in this matter?

    • Anthony

      September 14, 2010 at 2:41 am

      I could not agree more! Every day I wake up in South Africa and go to the internet to search and hope that there is some advancement in our cause. I am so tired of being filled with false hope. So much so that I think I have slowly started accepting that this is now my life and just the way it will be. I used to be so patriotic, but this had made me start to hate my own country.

    • FAEN

      September 14, 2010 at 11:15 am

      Yup, I do the same thing everyday….search the news for something positive.

  6. GreenCardsforGays Reply

    September 13, 2010 at 5:02 pm

    The WaPo article wasn’t particularly revealing for anyone following the issue. Latest rants and raves on bi-national couple immigration issues:
    Rants: 1) Joe Solomonese saying that IE is the ONLY organization working on this issue. How is that helpful Joe – just because you sit on the board? Actually, AILA is working on it, too. 2) IE needs to immediately say EXACTLY what they are doing? It seems since the Schumer/Graham framework evaporated as nothing more than another photo op for Schumer they’ve been focused on internal reorganization – probably not a half bad idea, since the split between legal & asylum work vs advocacy seemed to be muddled (possibly still is) 3) Persons (esp. in exile) saying we aren’t allowed to criticize IE as if being blind or a Pollyanna to problems will resolve them. OR persons only critizing Republicans & the religious fundamentalists for our problems. 4) We have plenty of stories in print and on-line media between IE, out4immigraiton, LoveExiles, & now the Advocate, HRC and the mainstream press. We need to generate more immediate action off of the stories or its pointless. Raves: 1) IE getting the Eat, Pray, Love author to speak in DC at month end. Ironic that she was able to marry despite her upper middle class divorcee reservations on the institution of marriage though – to be able to stay together with her man. 2) Conservative gays either (finally after doing way too much damage for the last 2 decades) narcissistically coming out of the closet like Ken Mehlman and/or filing lawsuits against Prop 8 (AFER – Chad Griffin) and DADT. Let’s see if they can reverse the damage done ASAP now that they are rich and famous. Sept thoughts/questions: 1) Focus on the Senate – if the House turns it will be the Senate’s turn to push on UAFA/DREAM/Ag jobs or any other immigration bill. 2) My idea – what about the formation of another 501(c)(3) that hints at civil pacts called PAX – Partners Against eXile. Its only mission would be to focus on gay binational couples – not asylum victims who have an aveune of relief through superior Intl Law. Brent Renison’s (attorney in Lake Oswego, OR) provides a case study (as I’ve posted since last fall) on how he ended the widow penalty – SSAD (Surviving Spouses Against Deportation a 501(c)(3)). He and other attorneys filed lawsuits (Hootkins) and tried (unsuccessfully) to get it certified as a national class action. I disagree with the current legislative strategy and the rejection out of hand that seeking judicial relief is not wise for all the usual reasons (witness AZ, etc). We are a tiny minority within a second class minority. 10 years of lack of progress shows its high time for a rethink. Conservative and independent thinking gays have it right – we also need to seek immediate relief from the courts. Too many of us have seen our relationships rendered as reason for Federal level assault or been made outlaws & exiles on technicalities. Further, I think those of who us who have accrued invoiced expenses will one day have legitimate claims under the Federal Tort Claims Act from this dark and ugly chapter in American history in the same ways Japanese Americans did from being sent to internment camps in WWII and having their titled property stolen as well as many other Americans (& non-Americans as well) who’ve been wronged by the Federal government under different auspices.

    • Melanie Nathan

      September 13, 2010 at 5:15 pm

      I accrued about $78,000 – Thank you deeply for your response. Please feel to contact me as I have been thinking seriously about doing just that….. mel
      nathan@privatecourts.com

    • FAEN

      September 14, 2010 at 11:14 am

      I think GetEqual Now and LULAC are also working towards the UAFA bill

  7. Melanie Nathan Reply

    September 13, 2010 at 4:44 pm

    Erik you are missing the point completely:
    1. I have been a great supporter of Out 4 Immigration – written many pieces on their extraordinary work to include mention that they were correct to support CIR.
    2. UAFA is an equality bill not an Immigration Bill. It seeks to provide clarity to exiting law.
    That is a much better case to make out to prospective sponsors who are anti immigration than to include the immigrant rights aspect. The case is that it is unconstitutional to treat Americans differently in their rights to sponsor a foreign born partner
    3. UAFA was left dangling as a stand alone by IE on June 4th when one day after the hearings for UAFA they jumped on board the CIR train (RFA at that point.) This is when they should have maxed out on the equality angle of the TAN testimony and driven like crazy toward more sponsors.
    4. That would then have established UAFA as more powerful and then when CIR comes along if ever it does and if we were NOT YET legislated – then UAFA would be attractive to organically included into CIR because we would have the power of sponsorship.
    But IE screwed us.
    Let me make it clear I support CIR fully. I have been an Immigrant rights advocate for 25 years. My assertions re UAFA are completely separate from my desire to see CIR pass. But lets get real here:
    a. We do not have an inclusive House Bill for UAFA except jibber jabber and belated promises from Gutierrez who excluded UAFA; and
    b. THERE IS NO SENATE BILL – only a meaningless framework to appease the Arizona debacle!
    For as long as politics get in the way and that will always be the case – an advocacy group such as IE and even Out4I for that matter should be reviewing strategy.
    IE Should have done so at the time Health Care was ruling the debate. That was when I suggested UAFA would end up as the Public Option of CIR.

  8. Erik Schnabel Reply

    September 13, 2010 at 3:29 pm

    As someone directly affected by this issue because of being in a binational same-sex relationship, I’m deeply disappointed in the direction of this article. I’m very involved in O4I and have been helping to take the lead in the Bay Area on much work and many actions around both UAFA and Comprehensive Immigration Reform. I find the statement that this is not an issue of immigration deeply offensive and really drives a division in our work with the broader immigrant rights community. I have found that the immigrant rights community in general to be very supportive of UAFA and inclusive CIR. In fact, I’m in DC this week with many other immigrant rights activists for a large lobby day on Capitol to make sure that we speak our mind on these issues. I’m part of a group of people in the Bay Area who have been activiely pushing both UAFA and CIR and the local coalitions of immigrant rights organizations in the Bay have been very supportive of pushing both UAFA as a stand alone and including UAFA in CIR. Some of the other networks across the country have not because they hope to bring on moderates, especially Catholic and Evangelicals. But the issues of same-sex binational couples cannot be seperated from immigration on LGBT rights issues. The issues our partners are facing are about their being immigrants and LGBT, those aren’t seperate. So while we criticize immigrant rights groups for their lack of inclusing to LGBT people, we should also say the same and be criticizing LGBT organizations for their lack of inclusion to LGBT immigrants and binational couples. I don’t see any of the national LGBT groups spending their valuable time and resources on UAFA, nor have I found them even taking the time to give lip service to their plight. Where is HRC’s millions in this issue, while they spend their time on DADT and DOMA? I am deeply disappointed that we have seen millions of LGBT dollars going to continue to push marriage rights- while neglecting the larger issues such as pushing for ENDA, UAFA, and transgender rights. We should be critical of this issue as well. If we are unhappy about the way the right-wing groups such as the Catholic Bishops and Evangelicals have tried to strip UAFA from CIR, we should be challenging the Bishops and Evalgelicals, while alos working with our allies in the immigrants rights movement, many of whom are LGBT themselves What we need to be doing is creating larger coalitons of groups of people that are committed to social and economic rights of all people- LGBT and immigrants as well. We shouldn’t be dividing our time, resources and energy into dividing the larger issue of justice and spliting our allies up on these issues. I fight for inclusive CIR and UAFA both- both because it will help my partner and I, but also because it is about what is right for millions of people. We need to see immigrant rights as our issue as LGBT people not just because of UAFA but the many other ways that LGBT immigrants are impacted. CIR will alos help to reform the horrible ways in which asylum has been impacted to make it harder for refugees to come and recive protection. Many of these refugees are LGBT but are equally impacted because of the way that our laws have made it harder for refugess to get asylum. This is an LGBT issue as well, and I don’t see many taking this up either. So sadly I have to disagree with your statement, and urge you to not put out devisive rhetoric about immigrant rights and our allies in the movement. Why do we need to divide up our focus on justice to either LGBT OR IMMIGRANT RIGHTS- when we should be pushing for both the passage of UAFA and the inclusion of UAFA in CIR or RFA.

  9. Britta Reply

    September 13, 2010 at 2:49 pm

    I am soooooo tired and disappointed;  EMPTY promises are loaded on our backs (the LGBT binational community) and we’re sold to the highest bidder. My heart is broken and my back bone ruptured, sometimes I can’t even walk straight due to the heavy load of ignorance, discrimination and hatred. How much longer will we have to endure meaningless and time-consuming discussions leading into nowhere while all LGBT binational couples continue living in fear and/or exile? Does America have a conscience? I HAVE DOUBT!

    “The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts.” – Bertrand Russell, British author, mathematician, & philosopher (1872 – 1970)

  10. Jennifer White Reply

    September 13, 2010 at 2:20 pm

    This legislation is so critical. We all know that immigration laws force couples and families apart. We read  about the Americans in exile. Even worse though are situations where the American CAN’T emigrate. That means the foreign national can’t enter the U.S. and the American can’t go to their partner forcing them into separation. Of all the negative effects of DOMA this is the worst of them. The immigration laws don’t just fail to recognize relationships, it destroys them and tears people apart. We need to stop playing games with this. This is a short and easy bill to pass if it just gets pushed through. It doesn’t change marriage laws, only adds a new classification for family based sponsorship. Several of our allied countries do this that do not recognize gay marriage. We can look at how they implement their processes to help avoid fraud, which has been a concern. This isn’t a political or partisan issue, it is a humanitarian issue. I lay awake at night crying because I can’t be with my partner who happens to have been born in another country. Something has to give. This just can’t be ignored and allowed to continue.

  11. FAEN Reply

    September 13, 2010 at 1:57 pm

    I think we all said it….the UAFA section of the CIR bill was included in the framework so we could be kicked out as a bargaining chip. No surprise at all. Now, how do we fight back? How do we get binational couples, a lot living in fear, to fight back? Anyone?

    • geronimo

      September 28, 2010 at 10:29 pm

      We search every single day for news about UAFA and nothing happens. I wonder when something else is going to happen? I hope soon because 2011 for me, wont be good if nothing happens
      We are a binational couple looking to meet other binational couples to help overcome immigration challenges.
      We would like to exchange ideas with another bi national couples and find out how we can help each other
      Im ready to take Uniting Families in to my own hands. Binational gay couple here. Anyone interested in Talking?

    • Kalbo

      September 29, 2010 at 5:10 am

      We’re a binational couple and we need UAFA passed and DOMA repealed immediately!

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