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What next for Immigration Equality – Binationals are Concerned

Posted by: Lez Get Real on November 4, 2010.

Melanie Nathan- Nov 04, 2010

– Binationals are Concerned

Immigration has escaped the binational same-sex couple community, yet again; an “un-calculated” two years by the organizations that represent immigration equality for binational couples, with self professed leader Immigration  Equality at the helm.  How could this have happened?  Where do we stand now?  Well Immigration Equality will answer your questions on a Conference call if you submit your questions for their choice. (See below)

The lack of calculation and the unconscionable failure to ‘strategize’ according to the changing political climate over the past two years, has resulted in enormous upset for the gay community when it it comes to immigration parity under the law and we cannot blame Congress, nor the President; we can only blame misleading and head in the sand calculation -  as we were  taken down the wrong path; but a few complained or demanded transparency.

Yes this IS the blame game; and I feel justified because I am repeating what I said and said and said ……  Never before have I witnessed such reprehensible conduct in the name of an entire victimized community, at the hands of our own. Our bi-national families are exiled, await deportation, are struggling in the asylum process, hiding, want to come home! It is bad.

Your opportunity to agree or disagree is welcomed, but until the organization Immigration Equality satisfactorily answers some pertinent questions, my quest will continue!   Today the Group has advertised on their Face book page a conference call.   Now I have been on a few of those in the past and they tend to be a “rah-rah we are great and this is how much other minority groups love what we are doing soliloquy’s and its all about Comprehensive immigration reform (CIR) and how lovely our allies are in the immigration community.”

Well great and so what now?

The Uniting American Families Act was introduced into Congress during January of 2009, by Rep. Jerold Nadler, D, NY.  Since that time there have been more co-sponsors than any other LGBT equality legislation on record.  Yet instead of pursuing UAFA as a stand alone Bill – with the fervor and impetus provided by the June 03, 2009 hearings in the Senate Judiciary Committee, Rachel Tiven, of Immigration Equality, turned its limited resources to Immigration Reform spending the past 18 months chasing Comprehensive Immigration Reform- when it did not even exist.

Now we have been included in the Menendez Senate version – but so what?  Who in heavens name imagines Immigration Reform with Amnesty in it passing through the new Congress?  This scenario was easy to predict.  And it is way too complicated to get through during the lame duck.

There has never been a plan B that we as a community know of; and the self perceived leadership and influence of Immigration Equality, unchecked by other organizations, has turned out to be the Achilles heal of UAFA.

Way back last year I asked Congresswoman Jackie Speier if she thought that joining UAFA to Immigration Reform would make it more difficult as a stand-alone Bill, she agreed that although at that time there was not enough traction in Congress to pursue a vote at the time (JULY 2009); she was hopeful that if we fought for it to gain more traction, especially after Shirley Tan’s testimony, we could succeed.  She agreed that holding out for Comprehensive Immigration Reform Bill could in essence have the effect of precluding the opportunity for UAFA to gain traction and pass as a stand-alone in a Dem Controlled Congress. We now find ourselves in that predictable situation.

The ups and downs of the journey to immigration reform are clearly noted in my myriad of articles along the way, noted on Lezgetreal in my Binational Column.  I have not been against immigration reform per se, but I have opposed chasing it for UAFA.  To my way of thinking UAFA is about the American having equality to sponsor a spouse.

I have believed we would have been better served had we pushed to the nth degree for UAFA and if not attained as its own Bill by the time of CIR – which is very simple in effect – then we would have been organically attractive to CIR with our already accumulated co-sponsorship.   This is not hind sight on my part as I wrote this very same thought in June 2009.

However we were steered by Immigration Equality away from this opportunity.  All the UAFA gained sponsorship has been a direct result of the work of the unfunded volunteer grass-root group, Out4Immigration, worked by hundreds of letter- writers and led by a core few; Kathy, Gina, and Amos.

Tom Tierney who led the letter writing campaign recently left Out4Immigration for a paid job with Immigration Equality, a testament to and probably the only adequate acknowledgment by IE of the work of the San Francisco based Out4Immigration.

So here are the BIG questions now and hopefully someone will ask them or IE will think them important enough to address:

1. Will IE change its course and pursue UAFA as a stand alone during the Lame duck?
2. If not, does IE think that Comprehensive Immigration Reform will pass during lame duck – because it sure won’t get passed the house when the Republican controlled session starts?
3. Has Luis Guiterrez actually provided the language into the CIR house Immigration Reform Bill yet – or is it still all talk?
4. What other legislation could make UAFA a lame duck attraction – such as DREAM ACT.

Immigration Equality failed to take stock of the political climate as time went by; the impact of Healthcare reform on their strategy – the impact of the DADT debacle on their strategy and many more signs that were politics 101 that should have involved a lot more transparency and inclusion.

So this is the FB announcement – I encourage you to ask your questions and be on the call. Immigration Equality will NOT answer my questions, my calls and nor will they accept my comments on their site.

Immigration Equality is building and mobilizing a grassroots network to work with our new elected officials. Find out our strategy and how you can be involved tonight at our conference call with executive director Rachel Tiven. RSVP and submit your questions online below.

Immigration Equality Action Fund: Conference Call: Post-Election Strategy

That all said, we have been led by Immigration equality to not use DOMA as an argument for Immigration equality for binational same-sex couples. The irony is that it is because of The Defense of Marriage Act that we are in this predicament of exclusion in the first place.  It is the legislation that says Marriage for federal purposes can only be between a man and a woman. Hence the words spouse does not apply to married same sex partner in the Immigration and Naturalization Act.. We were led to NOT use marriage as a reason for parity and that hence UAFA was the only way.

But now that we are royally screwed – we MUST look to DOMA – instead of being afarid of what argument the RIGHT and GOP will use against UAFA – which has been “its a back door to marriage” – perhaps we should fight now during lame duck for a repeal of DOMA. Then the problem will go away and all the GOP arguments will fall by the wayside.

If anyone wants to do the Math of the Congressional count for lame duck re UAFA vs. Repeal DOMA via Respect for Marriage Act let me know and I will give you a guest article.

http://www.scribd.com/doc/41596148/Binational-VISA-Pledge-and-Cover

Melanie  Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Pic: Melanie in your Face Nathan:

UPDATED REPOST after I wrote above piece….:

Immigration Equality’s Tiven: “Very Difficult to Move Immigration Reform” in 2011

I just picked up this piece posted by Chris Geidner on November 4, 2010 2:05 PM | http://www.metroweekly.com/poliglot/2010/11/immigration-equalitys-tiven-ve.html

“We are pushing the other two branches to act to minimize the harm, [but … a] full solution … has to come from Congress,” she said. “Fixing it is the only way to fix it.”

“Saying she is “sanguine” about the chances for passage of comprehensive immigration reform that includes the Uniting American Families Act in the coming weeks, Immigration Equality executive director Rachel Tiven said 2011 doesn’t look good either.  ( mel:-I guess this is that horrific TOLD you Moment- and its not said with glee because my Broters and sisters still suffer!!)

On a conference call Thursday with Immigration Equality supporters and journalists, though, Tiven wasn’t giving up, saying, “We’re going to do our damnedest in the lame-duck [session] to push it forward.”

Noting that “at least the first year of the 112th [Congress] is going to be very difficult to move immigration reform,” Tiven focused — legislatively — on the progress made in the 111th Congress and the lame-duck session.

“It is [now] understood by Senate leaders and House members supporting reform that you can’t have comprehensive immigration reform without [UAFA],” she said. “Without all families, it isn’t comprehensive.”

She urged supporters of reform to call their senators now to push for passage of S.B. 3932, the UAFA-inclusive comprehensive immigration reform introduced this fall by Sens. Robert Menendez (D-N.J.) and Patrick Leahy (D-Vt.).

Talking about the starting point for the 112th Congress in January, however, Tiven said on the call that, of the 135 co-sponsors of UAFA, 16 will not return to the House – nine of whom lost their races on Tuesday. In the Senate meanwhile, three of the 25 co-sponsors will not be returning. Sen. Russ Feingold (D-Wisc.) was the only Senate co-sponsor to lose his race on Tuesday.

“The reality is that there is a loss on co-sponsorship,” she said, while noting, “No one was attacked in this election cycle because of their support for UAFA.”

Of their approach in the new Congress, Tiven said that Immigration Equality always has advanced a three-prong approach: “Administrative, judicial and legislative.”

Melanie Nathan: The only hope – a stop gap measure at http://www.scribd.com/doc/41596148/Binational-VISA-Pledge-and-Cover


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13 Responses to What next for Immigration Equality – Binationals are Concerned

  1. Janice Reply

    November 5, 2010 at 7:21 pm

    Just seen your email Melanie.
    How do you want the pledge sent to you?
    Is it enough to copy and paste into an email?

  2. Richard Reply

    November 4, 2010 at 11:15 pm

    We all have a right to be angry.  I want to thank you for telling it like it is.  My feelings are that we 
    as a collective are far to politically correct.   We parade around once a year and call it pride.  Then the rest of the year we say pardon me, excuse me, if its not to much trouble could you please let me have my life.  Several times we have had courts state that our civil rights have been violated in one form or another.  Why can they not fast tract these issues to the supreme court? This  is evidence in its self that we can not leave our civil rights to the majority. In Iowa the State Supreme Court Justices were voted out because of them standing up for our civil rights. No elected official is safe when they stand up and fight for our rights. The Supreme Court is protected from this type of situation and they are the only ones that can give us justice.  I understand that they try to calculate the positions of each justice to see if our cause would pass, but I say its now or never.  
    If that don’t work I say we go to Washington and remind them of LA when Rodney Kinds rights were violated.  Of course I don’t suggest violence but damn I am sure mad.  I love my partner and I want to be with him.  

    • Janice

      November 5, 2010 at 3:32 pm

      You’re right Richard. We are too politically correct. We say something, they say wait (or even get lost), and we do!
      It’s time to act. I’ve been saying this for a long time now. I hope we’re all angry enough to get motivated once and for all. 
      Good God, I’ve got straight friends and family members who are more angry about our situation, and prepared to fight, than most of us are. Present company excepted.

  3. FAEN Reply

    November 4, 2010 at 10:59 pm

    Melanie: I didn’t listen to the call. Could you please let us know what was said. Before I go into my Cosmo haze.

  4. Janice Reply

    November 4, 2010 at 10:11 pm

    On IE’s website where they posted about the conference, people are asking questions about where we stand. Not one bugger is answering them. Not everyone can join the call. I’ve only just seen the post myself.
    Left them a comment…….I bet it won’t get approved. 

    • Melanie Nathan

      November 4, 2010 at 10:24 pm

      Go on their facebook and comment there – but comment where they have already posted something – so not as a wall write but as a comment. That will be seen for a while until they take it off it does not need pre approval. But you are right dont hold your breathe. DID you listen to the recorded phone call . When they get enough flak they will probably pull the recording. I want to spread this article and I have a huge plan ahead. So Stay tuned…

    • Janice

      November 5, 2010 at 8:15 am

      I haven’t listened to the call yet Melanie, as I wasn’t in a position to yesterday, but I will today as long as they haven’t pulled the recording by the time I get to it.
      My partner and I are with you all the way Melanie. You are one of the few people out there who truly knows the situation for what it really is, and who has known all along that the likes of HRC and IE either don’t get it (or don’t care), or are quite happy to just step to the side instead of pushing forward with all their might. Being in Washington has either made them lost touch with what they were all about in the first place, or they have become just like the politicians themselves. We need to go all out to remind them that people like us put them up there in their lofty positions of “aren’t we wonderful!” Why is it when someone goes to Washington, a barrier goes up, and they lose all touch with the very issues they are supposed to be fighting for?

      Apologies for not proof-reading as well as I should. In my first post I should have written the first line as “,,,,,,,no disagreement from me.” My fingers overtook my brain yesterday……..lol.

    • Janice

      November 5, 2010 at 5:44 pm

      Wow! IE approved my comment. I get the feeling they don’t see my comments as having anything to do with their failure.
      Or maybe they realize that even they need to change their ways? I can hope can’t I?
      Still not convinced though.

    • Janice

      November 5, 2010 at 5:45 pm

      Wow! IE approved my comment. I get the feeling they don’t see my comments as being directed at them and their failure.
      Or maybe they realize that even they need to change their ways? I can hope can’t I?
      Still not convinced though.

  5. Janice Reply

    November 4, 2010 at 9:58 pm

    You said it all Melanie………..disagreement from me.
    I thought IE were good in the early days, but they have let us down. This is about equality not immigration. My American partner is being denied the rights she is entitled to as an American. That goes against all that this country is supposed to stand for.
    I heard again and again from the Republicans that they have listened to the American people, and will fight make things right again for the American people……..unfortunately that won’t mean all American people.

  6. FAEN Reply

    November 4, 2010 at 6:17 pm

    I wish I were rich enough to be an alcoholic….at least I could be in a permanent Cosmo haze.

  7. Keith Reply

    November 4, 2010 at 5:14 pm

    Immigration Equality’s stance has always been untenable at best.  Their approach in including LGBT immigration in the broader reform package inherently assumes that Congress will extend a new right to immigration in the same way that existing illegal immigrants who may be given amnesty are given a new right and international immigrants applying under a new immigration system would be given a new right.  The LGBT argument should be that we be granted the SAME rights as heterosexual American citizens with regard to sponsoring our spouse.  It seems a waste to pay membership dues to Immigration Equality when the only real hope for action will come out of the judicial system. Supporting the American Foundation for Equal Rights (the Prop 8 case) in combination with hopeful failure of DOMA is the only likely opportunity for results within my lifetime.  After this election cycle, I will not be able to return to the U.S. unless the courts do the right thing (for those who hold out hopes that the legislative branch will do something, go back and take Civics 101 to be reminded why we have 3 branches of government.  However, given that the loudest branch of government is also the most dysfunctional, I’m not sure I want to come home.  As for Immigration Equality, perhaps we should take a cue from the scant quarterly web page updates on the website; they seem to do very little in the intervening months.  

  8. Melanie Nathan Reply

    November 4, 2010 at 2:33 pm

    #
    Unlike
    #
    Immigration Equality To listen to the recorded call, Dial (712) 432-1085 and then enter the Listening Code: 856881#

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