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DADT Repeal & Equality in Immigration: Impact on Same-Sex Green Cards UAFA
Posted by: Lez Get Real on December 24, 2010.
- CIVIL RIGHTS ACT FINAL ROLL CALL
Melanie Nathan; Dec 23-2010 – The repeal this week of Don’t Ask Don’t Tell has opened the flood gates – its implementation will provide a vivid realm,, yet unseen by mainstream America, of the insidious inequality suffered by gay and lesbian couples who have no rights and privileges under the US Immigration law.
It is a well known fact that service members stationed abroad, return home to the USA with fiancés, spouse and sometimes children as well. These service members can sponsor spouses for green cards, immediately, via a petition under the Immigration and Naturalization Act.
However, even if serving openly, the same will not and cannot apply for same-sex military personnel and service members who find love abroad.
One of the most onerous aspects of LGBT inequality is the fact that an American citizen or resident in a same-sex relationship has no recourse whatsoever under the immigration laws of the USA. The Defense of Marriage Act (DOMA,) in effect, precludes gay and lesbian couples from sponsoring their foreign partners and spouses for green cards. DOMA is a Federal Law, and its purpose is to define marriage as being between a man and woman only. Immigration is covered by the Immigration and Naturalization Act, a Federal Law. Thus same-sex partners are excluded from the Immigration & Naturalization Act. There is no relief for this discriminatory law.
They will either have to return to the US without spouse/ partner (even if legally married abroad or in a civil union and even if they have had a child together who may be a US citizen abroad,) or they will have to remain in exile, unable to return.
Gay and lesbian Service members who remain enlisted and obligated to the military, will be forcibly separated from spouses.
The only chance of changing this inequity is the stand alone Bill, Uniting American Families Act (UAFA) introduced by Congressman Jerry Nadler into Congress in 2009. However instead of pursuing this Bill as a stand alone Bill during the 2009/2010 year, its momentum was subdued by an improbably strategy – to include UAFA in Comprehensive Immigration Reform (CIR.) UAFA, after being snubbed by Rep. Luis Guttierrez in the House version, and a later reversal with promise of inclusion (yet to be done) UAFA was included in the Senate version of CIR.
At this time gay and lesbian Americans, whether in service or civilians are forced to either part ways with spouses or partners, to choose between country and beloved, forced into exile to be with one’s spouse/ partner or spouses / partners are turned away from US airports, sent home, or held in detention and facing deportations.
The one LGBT organization through self proclaimed domain, charged itself with the strategy and lobby of UAFA. Instead its resources and time was devoted to supporting the DREAM ACT (which failed passage) and wooing Latino groups to support inclusion of UAFA into CIR. This has failed to get UAFA much more than a burial in CIR.
The greatest mistake was to pursue UAFA as an Immigration Bill, when in fact it is an EQUALITY Bill. Now it is tied up with asylum for 12 million undocumented foreigners living in the USA, as well as the complicated issues such as biometrics and border control.
The break needed for this invidious situation to change may be this week’s repeal of DADT and its ultimate implementation. Perhaps UAFA can be extracted from its grave and again stand alone to be vigorously pursued as such. Notably a few Republicans crossed over to repeal DADT. When it becomes evident that same-sex military service members have no uniformity with heterosexual service members, service for country may be pitted again, against lack of rights, to yield a compassionate turn toward immigration equality and the passage of UAFA. That would then place the words “permanent partner” next to “spouse” in the Immigration and Nationality Act and same-sex marriage would not be the issue.
Then again President Obama has hinted at a change in his view on gay marriage. Whereas he has expressed favor for civil unions and equality, he acknowledges that the LGBT community sees Civil Unions separate and thus not equal and he is willing to “have the conversation.”
If the Defense of Marriage Act were to be repealed then there is no need for UAFA as same-sex couples would have equal treatment under the federal law. Perhaps then the only chance for immigration equality is indeed marriage equality. The same argument may be applied as above to UAFA – that when Congress sees the acute inequity through the visual of service in the military, that being the micro – could well impact the macro – and cross over Republicans could make the vote.
However, given what we learned from this lame duck congress, the task is enormous. UAFA or DOMA’s repeal lies in the hands of a bunch of obstructionist bigots. What chance do we stand of getting either through the house until a new election alters the numbers and then we have no idea who will be President.
CIVIL RIGHTS
1. The visible morphing of the Gay movement into a LGBT Civil Rights movement – using every resource available to seize a one note mantra – CIVIL RIGHTS FOR LGBT. This would require an amendment to the Civil Rights Act of 1964, to include protection for Sexual Orientation and Gender identity.
That would involve grassroots, straight allies, civil disobedience, diplomacy, lobbying, strategies to win allies and tell our stories, introducing our families, creating our own TV channel, winning hearts and minds, encouraging positive media, uniform and universal messaging, the same talking points, focus on the BIG equal as opposed to limiting resources by focusing on piecemeal. I could go on and on…
BINATIONAL HELP URGENT:-
2. But what about now? What about the deportations, the exiles and the separations. I believe I am the only person to explore and author the idea of a BINAT VISA. An interim stop gap measure through DHS issuing special visas for same-sex couples with conditions that can be met and that would thwart fraud. It can be done…and I hope you will join me is to pursue it further in the new year. I have already received a large amount of pledges to help pursue this action, but would need much more to make it a reality.
SO all said and done, DADT is much bigger than people may realize, because it sits at the helm of what is now RIGHT for the Military must translate into EQUAL….for the Military and through that lens we can perceive and attain the larger picture.
How you can help
TO SIGN PETITION
http://immigration.change.org/petitions/view/special_visa_for_binational_lgbt_spouse-perma-partners
TO MAKE A PLEDGE
Melanie Nathan
Nathan@privatecourts.com
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You are here: Home » Commentary » A Gay Girl's View » DADT Repeal & Equality in Immigration: Impact on Same-Sex Green Cards UAFA
DADT Repeal & Equality in Immigration: Impact on Same-Sex Green Cards UAFA
Melanie Nathan; Dec 23-2010 – The repeal this week of Don’t Ask Don’t Tell has opened the flood gates – its implementation will provide a vivid realm,, yet unseen by mainstream America, of the insidious inequality suffered by gay and lesbian couples who have no rights and privileges under the US Immigration law.
It is a well known fact that service members stationed abroad, return home to the USA with fiancés, spouse and sometimes children as well. These service members can sponsor spouses for green cards, immediately, via a petition under the Immigration and Naturalization Act.
However, even if serving openly, the same will not and cannot apply for same-sex military personnel and service members who find love abroad.
One of the most onerous aspects of LGBT inequality is the fact that an American citizen or resident in a same-sex relationship has no recourse whatsoever under the immigration laws of the USA. The Defense of Marriage Act (DOMA,) in effect, precludes gay and lesbian couples from sponsoring their foreign partners and spouses for green cards. DOMA is a Federal Law, and its purpose is to define marriage as being between a man and woman only. Immigration is covered by the Immigration and Naturalization Act, a Federal Law. Thus same-sex partners are excluded from the Immigration & Naturalization Act. There is no relief for this discriminatory law.
They will either have to return to the US without spouse/ partner (even if legally married abroad or in a civil union and even if they have had a child together who may be a US citizen abroad,) or they will have to remain in exile, unable to return.
Gay and lesbian Service members who remain enlisted and obligated to the military, will be forcibly separated from spouses.
The only chance of changing this inequity is the stand alone Bill, Uniting American Families Act (UAFA) introduced by Congressman Jerry Nadler into Congress in 2009. However instead of pursuing this Bill as a stand alone Bill during the 2009/2010 year, its momentum was subdued by an improbably strategy – to include UAFA in Comprehensive Immigration Reform (CIR.) UAFA, after being snubbed by Rep. Luis Guttierrez in the House version, and a later reversal with promise of inclusion (yet to be done) UAFA was included in the Senate version of CIR.
At this time gay and lesbian Americans, whether in service or civilians are forced to either part ways with spouses or partners, to choose between country and beloved, forced into exile to be with one’s spouse/ partner or spouses / partners are turned away from US airports, sent home, or held in detention and facing deportations.
The one LGBT organization through self proclaimed domain, charged itself with the strategy and lobby of UAFA. Instead its resources and time was devoted to supporting the DREAM ACT (which failed passage) and wooing Latino groups to support inclusion of UAFA into CIR. This has failed to get UAFA much more than a burial in CIR.
The greatest mistake was to pursue UAFA as an Immigration Bill, when in fact it is an EQUALITY Bill. Now it is tied up with asylum for 12 million undocumented foreigners living in the USA, as well as the complicated issues such as biometrics and border control.
The break needed for this invidious situation to change may be this week’s repeal of DADT and its ultimate implementation. Perhaps UAFA can be extracted from its grave and again stand alone to be vigorously pursued as such. Notably a few Republicans crossed over to repeal DADT. When it becomes evident that same-sex military service members have no uniformity with heterosexual service members, service for country may be pitted again, against lack of rights, to yield a compassionate turn toward immigration equality and the passage of UAFA. That would then place the words “permanent partner” next to “spouse” in the Immigration and Nationality Act and same-sex marriage would not be the issue.
Then again President Obama has hinted at a change in his view on gay marriage. Whereas he has expressed favor for civil unions and equality, he acknowledges that the LGBT community sees Civil Unions separate and thus not equal and he is willing to “have the conversation.”
If the Defense of Marriage Act were to be repealed then there is no need for UAFA as same-sex couples would have equal treatment under the federal law. Perhaps then the only chance for immigration equality is indeed marriage equality. The same argument may be applied as above to UAFA – that when Congress sees the acute inequity through the visual of service in the military, that being the micro – could well impact the macro – and cross over Republicans could make the vote.
However, given what we learned from this lame duck congress, the task is enormous. UAFA or DOMA’s repeal lies in the hands of a bunch of obstructionist bigots. What chance do we stand of getting either through the house until a new election alters the numbers and then we have no idea who will be President.
CIVIL RIGHTS
1. The visible morphing of the Gay movement into a LGBT Civil Rights movement – using every resource available to seize a one note mantra – CIVIL RIGHTS FOR LGBT. This would require an amendment to the Civil Rights Act of 1964, to include protection for Sexual Orientation and Gender identity.
That would involve grassroots, straight allies, civil disobedience, diplomacy, lobbying, strategies to win allies and tell our stories, introducing our families, creating our own TV channel, winning hearts and minds, encouraging positive media, uniform and universal messaging, the same talking points, focus on the BIG equal as opposed to limiting resources by focusing on piecemeal. I could go on and on…
BINATIONAL HELP URGENT:-
2. But what about now? What about the deportations, the exiles and the separations. I believe I am the only person to explore and author the idea of a BINAT VISA. An interim stop gap measure through DHS issuing special visas for same-sex couples with conditions that can be met and that would thwart fraud. It can be done…and I hope you will join me is to pursue it further in the new year. I have already received a large amount of pledges to help pursue this action, but would need much more to make it a reality.
SO all said and done, DADT is much bigger than people may realize, because it sits at the helm of what is now RIGHT for the Military must translate into EQUAL….for the Military and through that lens we can perceive and attain the larger picture.
Nathan@privatecourts.com
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