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UAFA to be Introduced with Senate Immigration Reform Bill

Posted by: Lez Get Real on September 30, 2010.

Melanie Nathan; September 29, 2010;-

Sen. Robert Menendez of New Jersey is expected to introduce comprehensive immigration legislation before the Senate adjourns this week for the midterm recess, according to Politico, and a source tells The Advocate that the legislation will be LGBT-inclusive.

I have compiled this space for display of a spate of Videos, some made by individuals and others made by organizations.  Some of the people choose to remain anonymous because secrecy helms their silent lives. Tell these people to wait their turn for immigration reform to pass in the Republicans obstructionist Congress tainted by weak democratic leadership.

There are an estimated 36,000 (minimum the number since the determination in the year 2000 – also not taking account of social media and current increase in internet meeting) Gays and Lesbians who are either American citizens or residents (all referred to as Americans for the purpose of this article,) who are in love and relationship with a foreigner. Gay and lesbians are denied equality under the Federal Immigration laws of this Country, to sponsor same-sex partners or  State recognized spouses for immigration (greencards) to the USA.

This ludicrous and unconscionable  inequity has been at knocking at the door of Congress for 12 years at least, in the form of the Permanent Partnership Act which was reintroduced in 2009 by Congressman Jerold Nadler of New York, as the Uniting American Families Act, (UAFA .) Now the issue is banging on that door, as visibility has increased, couples have pleaded with Representatives and it now presents as the most supported LGBT legislation in Congress with 134 Co-sponsors in Congress and now 25  Senators who all have signed on.

In March of 2009, Shirley Tan, a Lesbian mother was unjustly detained and about to be deported, without any regard for her 23 year relationship with her US same-sex Partner, Jay Mercado, and without any concern for their twelve year old twin sons.  Shirley received the  rare introduction of an emergency private bill introduced into Congress by Senator Feinstein.  The Bill recognized the unusual aspects of Shirley’s plight.   Not everyone can obtain a Private Bill – and the mere introduction keeps it alive for this sitting Congress only, rendering Shirley still vulnerable if the UAFA is not enacted.

The importance of the Tan/Mercado case is the fact that Shirley was called to give testimony at the behest of Senator Patrick Leahy and appeared before the Senate Judiciary Committee on June 03, 2009.  The very moving testimony of Shirley can be seen with the video collection below.  In addition there is the testimony of Gordon Stewart an American exiled so he can be with his husband.

Grassroots activists have been pleading with Congress ever since to lead on UAFA, but unfortunately some organizations have jumped ship, thinking that UAFA is better off contained in the even more controversial Immigration Reform Bill – which has nothing more than a promise for Same-Sex inclusion in the House, and a Road-map (no draft of a Bill yet) in the Senate. The latter, a direct knee-jerk response by Senators Chuck Schumer and  Sen. Harry Reid,  to the immediacy engendered by the Anti-immigrant Arizona immigration law.

So here we are – a Congress that may well go into lame duck, a Congress that failed to repeal DADT, that showed no compassion for the children of the immigrant DREAM ACT – and a UAFA barely in the conscience of leadership, unknown to mainstream America and also barely in the minds of our lesbian and gay sisters and brothers. The question is are we going to be in the Menendez Bill as a pawn, a promise or yet another wedge that will render Immigration Reform impossible in this political climate.

Remember it IS the American who lacks the Equality – and is being discriminated against.  ALL Americans in committed relationships, except gays and lesbians,  have the right to remain in the USA with the person whom they love.

It is not the immigrant per se, who has the right, as immigration is a privilege afforded a foreigner; it is the American who has the right and it is indeed a Civil Right and a Human Rights issue.

Gay and lesbian Americans in bi-national relationships  fall into one of the following categories:

1. The American cannot leave the USA and is Separated from their Partner:
Due to many factors the American may not be able to leave the USA and couples are torn apart when Visas expire, when partners are not allowed entry into the USA and when partners are deported for over staying their Visas.  I have posted two such Videos here.

The reasons for this situation Age, sick or dying parent/s, joint custody orders, illness, unable to speak the  foreign language, foreign country will not accept the couple either, unable to find a country to immigrate to, unable to get work, credit ruined if  give up mortgages, careers, lose homes, lose jobs.

2. The American’s only option to be with a Spouse or Partner is to Exile out of the USA:
This is not an ideal situation for anyone owning a home, having a mortgage, a career, or perhaps in their fifties. These Americans must say goodbye to extended family, siblings, aging parents, and in some cases dying family. These Americans often suffer tremendous hardship in the foreign Country and are deprived of their means of support and the right to live happily at home. Often couples have to live in a Country that is foreign to BOTH partners.

3. The Foreign Partner Overstays Visa and Lives in Hiding with American in USA.
This is a terrifying experience.  The foreign partner cannot work legally and usually opts not to work for fear of being caught. If caught the partner is detained, deported and loses the ability to re-enter USA for 10 years thereafter.  There have been many cases (see video # 2.) where a spouse simply has not made it home from a bus stop – due to being detained.

4. Suicide a Sad and non-viable option – but I am mentioning it because it has happened:
Yes I had a client, a medical doctor,  kill himself, after a year of despondency when his husband had been detained at the airport and sent to detention center, upon their return from honeymoon. They won their case, but the Bush government appealed it. He could not handle the separation any longer.

Gays and Lesbians living in these types of relationships often end up spending all their savings on legal costs and what ought to cost $1500 to pay for a greencard sponsorship ends up costing up into the tens of thousands of dollars in airfare, international student fees, extended and new visa fees, loss of support through inability to work,

Although the Senators office would not confirm more than the fact that a Bill is about to be introduced, “We fully expect that the Menendez comprehensive immigration reform bill will be inclusive of the Uniting American Families Act,” said Steve Ralls, director of communications for the pro-LGBT Immigration Equality. UAFA would allow American citizens and permanent residents to sponsor their same-sex partners for residency.”

The legislation would also provide a path to citizenship for the undocumented and would include the DREAM Act, which would give adolescents who came to the U.S. as children a chance to achieve citizenship through completing two years of college or spending two years in the military.

The controversial legislation is not expected to move before the end of the year, but Ralls said it was nonetheless a milestone in setting the terms of the debate moving forward, per the ADVOCATE.

I remain critical of this approach and believe that UAFA will now be impossible to pursue as a stand alone.  Who knows what will happen to Comprehensive Immigration Reform should there be a change in the Congressional representation. This fight will be tougher than Health Care.

I for one am perplexed that our Bi national couples face a long and uncertain hurdle.   “Senator Menendez’s bill will set the stage, in this Congress and the next, for a serious debate on fixing our broken immigration system,”  said Ralls, and this to me is bothersome, because I honestly do not believe that “setting any stage”  is helpful to an imperative and urgent battle for gay and lesbian people’s lives.

American gays and lesbians deserve this form of immigration equality well in advance of immigration reform and we ought not be hampered by the huge battle that is sure to follow the legislation which is unpopular amongst some who may otherwise have supported the UAFA as a stand alone. When I hear the word “debate” I draw the analogy to the Defense Authorization Bill that was not passed because of DADT.   Then the Health care Bill with the Public option left out, and now highly explosive Immigration Reform, amnesty, biometric cards and Queers?

SCROLL BELOW THE VIDEOS TO PROVIDE COMMENTS:

A reader named “facts” left three comments which I took down. The reason I took them down:

They occupied the equivalent of 3 blog posts – and were irrelevant to the subject at hand. Let me clarify I am not anti-immigration – I am pro equality!   I support the Comprehensive Immigration Reform (CIR) and do believe UAFA should be in there – organically. However I am disturbed that UAFA is now and for the past 16 months has been forced to rely  on CIR!   The comments from FACTS are all important, but irrelevant to this discussion – I remind facts that s/he is more than welcome to make full use of the Internet by starting or maintaining his own BLOG. I would be happy to provide links.

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Photo Above: Tan-Mercado Family & Melanie Nathan

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20 Responses to UAFA to be Introduced with Senate Immigration Reform Bill

  1. soulondre Reply

    October 3, 2010 at 5:17 am

    “2. The American’s only option to be with a Spouse or Partner is to Exile out of the USA:This is not an ideal situation for anyone owning a home, having a mortgage, a career, or perhaps in their fifties.”
    In their fifties? Do you think this situation is more ideal if I were in my forties or sixties? What’s age got to do with it? The situation is plain torture for anyone who’s in it. It just tears your heart apart.
    Yet suicide is never an option. Give up your career, your mortgage, your home, learn a new language, move to a foreign country, make new friends and be with the one you love, no matter how old you are, but never kill yourself. You just don’t give up like that.

    • Melanie Nathan

      October 4, 2010 at 2:28 am

      Actually it is indeed painful; at any age – but age does matter – people who are in their fifties ought to be nearing the right to retire should they choose. Do you not think it is more difficult for a fifty five year old to start all over again in a new Country than a 30 year old? Of course I used fifty as an example and not to the exclusion of all or any other age groups – merely to illustrate a point. I am sorry you saw it as all fifty and nothing else. Thats not was intended – clearly!!! Having been in the situation myself, I know the pain!!!!!

  2. JP Reply

    October 2, 2010 at 10:04 pm

    i was sent to the states illegally at 16 (2000) after a couple of homophobic attacks towards me and the embarrassment that i caused my family, putting my college dreams on hold, my journey began. not even knowing college cost you in the us and that financing was not available to illegal immigrants i found a job hoping i would at least save money to go back and go to school.  4 years went by when i met my partner of almost 6 years now and fell in love, we tried to avoid it because the situation was not in our favor but we just couldn’t. i am now 27 my parents are getting noticeably old, my sister is getting married, i lost my job in may, and right in the middle of that my grandmother passed away, i loved her so much!!! and was torn between leaving to see her before she died or staying “home” with the one i love. while discussing it with my parter i received a call that she had died. this has led to the a major quarter life crisis. i am desperate to get my life in order. at once in the middle of that chaos i thought the only way to end that agony was suicide. i have always thought of suicide as absurd and that was a real eye opening moment.

  3. Janice Reply

    October 1, 2010 at 8:00 pm

    Not sure where else to put this, but I’ve just heard about the One Nation March that is going to be held in Washington tomorrow. Don’t know if any of you have seen this already.

    “Organizers say more than 400 organizations — ranging from labor unions to faith, environmental and gay rights groups — are coming together to advocate for job creation, quality education and justice” (Associated Press- found on MSNBC’s website). Apparently there are going to be rallies all around the country.
    Just thought I’d let you know.

  4. Anthony Reply

    October 1, 2010 at 3:52 am

    My heart is with all of you as we are a part of each other! As Janice and Faen said, we must stay strong and continue to fight. My love to you all!!

    • FAEN

      October 1, 2010 at 10:05 am

      Our hearts, love and support are with you and everyone in this horrific situation mate.

    • Janice

      October 1, 2010 at 12:19 pm

      Exactly. We have strength in each other. 
      My love and thoughts to everyone who is suffering these injustices right now.

  5. Chung Reply

    September 30, 2010 at 3:10 pm

    I have been here legally for over 10 years. I wake up every day. Facing fear of my visa running out. I have been spending thousands and thousands of dollars just to stay here with my partner, with friends, and family I love here, but the reality is that. How do we get more exposure for UAFA? I know you are disappointed with Obama and dems, but this midterm election is too important. Once the GOP takes back the house or the senate. We can kiss all gay rights and movements, and UAFA goodbye. My fellow American voters, since we can not get UAFA passes before the midterm election. Please encourage your friends and family members to go out and vote. Vote for Democrats. Dems are our only choice. I know you are all angry, upset with Obama and dems, but do you really want to see a Mitch McConnel, Jess Sessions, right wing GOP politicians controlling your country? Go out to vote, stick to the dems, We have to make sure that Dems remain in power, so we can hold them accountable and pass a bill like UAFA.

    Don’t lose hope. Hang in there. Keep dems in power for now.

    • FAEN

      October 1, 2010 at 10:08 am

      Youre right about the Dems being our only choice…….and they know it. Still, we can’t afford the GOTP in power. Vote Dem as much as possible.

  6. Janice Reply

    September 30, 2010 at 12:54 pm

    We really need the facility to be able to edit our posts on here, if only for a limited amount of time. As I am usually emotional in some way or another when I write on here, I find only too late that I’ve made an error somewhere like spelling……..just a thought!

    • FAEN

      September 30, 2010 at 1:49 pm

      Janice: We are all emotional when we leave comments IMHO. There is no judgement if youve misspelled a word or are not grammatically perfect so don’t worry about it.

    • Janice

      September 30, 2010 at 8:26 pm

      Thank you FAEN, but sometimes in my haste I miss out a key word that would change how the post would come across. For example, when I mean ‘can’t’ I might just put ‘can’ instead. Oh well, as long as everyone understands me…….lol

  7. Janice Reply

    September 30, 2010 at 12:51 pm

    I am the foreign half of a Bi-national couple, and I terrified at what is going to happen next year for me. Why next year? That’s when I graduate from university, and will be given my marching orders to leave unless I manage to find an employer that will sponsor me for a H1B visa. We all know what an virtually impossible task that will be!
    My partner and I have been together over 6 years now. We intend to spend the rest of our lives together…..why? Because we are in love, and cannot imagine life without each other. I do not know how those who have had to live apart because of the current immigration laws are coping with the unbearable heartache of living without each other. I do not know how those who have lapsed into illegal status can deal with the continual fear of being found out. How can you live like this? How can a country like this discriminate against its own citizens?
    It is beyond me, and every day I am astonished that we are still being treated this way. What’s the hold up for God’s sake?
    I hope with all my heart that something happens in our favor soon. I really don’t know how we will stay together if it doesn’t.
    Life is hard enough for us without this additional torture.
    Well done to all those who made the videos, and those who continue to fight for our cause.
    Most especially you Melanie.

  8. Greta Reply

    September 30, 2010 at 11:30 am

    Great piece of documenting our situation as we, the LGBT community, face discriminatory hardship in many areas of a legislation that fails its own US citizens denying the most basic human and civil rights that on the other hand are granted to heterosexuals, even immigrants. I especially love the last video with the girl in the bird mask: an eloquent speech putting our struggle into perspective – bravo! So, sisters and brothers in the fight, let us continue to get our voices heard and our faces seen. Let us continue to tell our stories educating not only politicians and all American citizens but also the world of our daily struggles of survival! I wonder sometimes why American politicians aren’t ashamed of their horrifyingly discriminatory legislation when even a country like South Africa was able to include rights of LGBT people in their constitution. How can America ever restore its image in the world when human and civil rights are only awarded to the heterosexual American, when this country goes against its own people? “If there is a country that has committed unspeakable atrocities in the world, it is the United States of America. They don’t care”, Nelson Mandela.

  9. LOrion Reply

    September 30, 2010 at 7:54 am

    Wonderful piece, sharing everywhere!

  10. Anthony Reply

    September 30, 2010 at 2:35 am

    I still have to wonder if I will ever get to go home? The saddest part to me is that my husband has never met any member of my family in person. My grandmother is now 91 and has lived with my family my entire life. She is a second mother to me and wants nothing more than to meet my husband before she leaves this world. If a woman of her age and generation, who was raised Southern baptist can be so loving and accepting in this situation, what is the excuse for the rest? I have been in South Africa now for 3 years this past Monday and have not even tried to go home with my husband for a holiday because we fear him being detained and returned on the next flight. I know that one day soon I will have to face going home alone to my grans funeral when I would need my husband beside me the most! I have become so ashamed to call myself an American!

    • FAEN

      September 30, 2010 at 9:52 am

      Anthony:
      I know it’s hard, unfair, frustrating beyond belief. And I wish my words could make you feel a little better but man all I can say is….refuse to give up. It’s so easy to but you just can’t. Just know that on days you feel low or that it will never end, KNOW that you have the support of thousands of other binationals. Stay strong.

    • Janice

      September 30, 2010 at 1:16 pm

      Anthony,
      I second what FAEN says here. I feel the frustration and helplessness too. But we must keep going. If we give up, then they win!
      We are a strong, tenacious group of people. We will not be silenced by those who wish we would just go away!
      We are not going away! 

    • Anthony

      October 1, 2010 at 3:37 am

      To Faen and Janice, Tahnks you both so much for your words of encouragement. Your right, I need to keep fighting. We all need to keep at it and thank you for reminding me of that. I know that we are all in the same boat and that I am not alone. Thank you guys!! Love and peace to you all!!

    • Janice

      October 1, 2010 at 12:51 pm

      You are welcome sweetheart. You are never alone!

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