Melanie Nathan March 31, 2011
So Guess who is asking for more support for the same thing they screwed bi-nationals over and over again previously? Yes, It is Immigration Equality. They need your grassroots effort and/or money so you can get screwed yet again – so they can mess with our UAFA again and again and again – The question is this time do they plan on advocating for it or advocating for Comprehensive Immigration Reform, the past modus operandi; the latter previously touted as the only way to achieve these rights. But it did not work and now what crazy path will they explore with your hearts risking your soul mates? Do they plan on placing UAFA and Binationals, same-sex green cards ahead of the DREAM ACT this time – because the latter may happen to include some gays and lesbians?
Julie Kruse, Policy Director has put out a call for you to tell your stories and to support UAFA! Time warp 2009! Julie what have we been doing for ten years?
Buyer beware- what is wrong with this picture?
Kruse”s letter states “In just a few weeks, Senator Patrick Leahy (D-VT) and Congressman Jerrold Nadler (D-NY) will reintroduce the Uniting American Families Act (UAFA) — a critically important bill that would provide much-needed relief to LGBT families facing separation and exile under our discriminatory immigration laws. Will you help us build the support we need to ensure UAFA’s reintroduction is a success?”
AND WHY I ASK?
She continues ” As you know, UAFA would allow lesbian, gay, bisexual, and transgender (LGBT) Americans to sponsor our foreign-born partners and children for residency in the United States. UAFA’s passage would immediately help all families with foreign-born partners. For families whose relationships aren’t recognized by state or local law – and for families currently living in exile — UAFA offers the only permanent solution for remaining together. ”
I have a feeling this jargon was copied from an email back in 2009 – c heck it OUT! That said – when I was in DC with Shirley Tan, the lesbian mom saved from deportation under Private Bill #867, by Senator Feinstein two things did not occurred:-
1. Julie Kruse told us not to waste our time telling Republicans in Congress Shirley’s story – BUT now the Republicans have a majority and so should we still keep our stories from them Julie Kruse?
2. I informed Rachel Tiven and Julie Kruse in June 2009, after speaking with the Senator’s senior legislative staffer, that the only way to get Senator Feinstein to sponsor and push UAFA would have been for IE to acknowledge that the UAFA does not provide enough defining language demanding a CONTRACTUAL NEXUS between partners; and that mere evidence would not be enough to satisfy the Senator. Understanding law the way I do the Senator’s requirement made complete sense to me. But Immigration equality representatives fobbed me off.
a. UAFA Language must change to define Permanent Partner as someone who can prove a contractual nexus, via a DP or marriage document from a Jurisdiction or a written contract defining the relationship – beyond mere evidence of joint check accounts and rental agreements. The impediment to UAFA has always been – not fear of fraud- per se- but rather the lack of provable contractual relationship or connection. Roomates can share a bill but cannot a contract defining their relationship.
The language can and must work around this. Immigration Equality basically told me I was wasting my time because and I quote “Senator Feinstein does not care about the LGBT community.” That was a horrible myth perpetuated by another organization which I care not to name as well as by Immigration equality.
b. Senator Feinstein absolutely cares about gays (LGBTI) and when I repeated that comment to a staffer in the Senators office two years ago, I was told it would break the Senator’s heart because she did care so much. I believed that Senator Feinstein does care and did then and I deplore the fact that Immigration Equality failed to truly engage her office to provide the legislative solution for her sponsorship.
So much energy spent on fighting for so called immigration reform when all we wanted is equality.
c. Senator Feinstein is correct to go full out for the Repeal of DOMA at this point. To split our advocacy once a repeal is on the table for DOMA is pure waste of of unity and advocacy time. At this point IE should be asking for special visas and Private Bills to prevent deportations of a class to be named – pending the repeal of DOMA. Instead they are trying to roll back the clock and hedge UAFA’s enactment against DOMA’s repeal.
Yes Tell your stories and tell your representatives why you want your Federal benefits such as immigration. Tell them your stories. But how can we do it in the name of UAFA which Immigration Equality may again hi-jack for their own invisible purposes. Do it in the name of DOMA repeal.
Kruse states then in her e-mail bvlast Help us honor those families by ensuring we have a strong coalition of lawmakers supporting UAFA in the new Congress.” Yes, Julie Kruse, Rachel Tiven and Steve Ralls – et al – how are you going to regenerate support for UAFA in a Republican Congress when you failed in a Democratic one and took all binationals for the biggest ride of their life…. down CIR road to nowhere. Do you plan on touting UAFA and switching to Comprehensive immigration Reform YET AGAIN?
How many times you take our community for suckers.
The Letter goes on to say: – “Ask your lawmaker to cosponsor UAFA, and add your personal story to your letter. Your story is the best, and most powerful, way to let Congress know how critical passage of UAFA is for our families.”
In case you were unaware OUT4IMMIGRATION has been doing just that since long before you let go of your grassroots respect and telling actual stories for UAFA. But now its time to tell them our stories for the repeal of DOMA which will give same-sex spouses the same rights as gay spouses.
“We finished the last Congress with record support for UAFA.” say Kruse with ultimate chutzpah – then why did you bandwagon and scurry after Immigration Reform and failed alliances?
“Help us begin this Congress by setting a new record again. With your help, we can take action to ensure LGBT families won’t be torn apart by unfair immigration laws.” Does that sound familiar – like a pre immigration reform rewind? A most disingenuous statement – do not expect support – we the grassroots are better off without your strategy mess ups and your inability to take responsibility – what you need to do is to be transparent. This letter is another example of such lack of transparency , ignorance and the presumption that we are all a bunch of idiots.
UNLESS Immigration Equality shows the truth – and tells same-sex couples what their FULL strategy and plan is – they have no place asking for Bi-national f support because same-sex couples who have been waiting for years and who you turn away when in need, do not trust Immigration Equality any longer.
What is Immigration Equality’s plan in the broad scheme of things? How is it addressing the repeal of the Defense of marriage Act DOMA now that has strong support and has been introduced already – is UAFA a bey hedged against the repeal of DOMA and if it is what guarantee do we have that Immigration equality will not hijack the legislation yet again?
Will Immigration equality chase the DREAM again or work for UAFA fully – or CHASE comprehensive immigration reform with our UAFA stories and pleas for help.
Julie Kruse , If we want UAFA will you offer CIR – again? No one should follow this group without a fully transparent plan of intent and one that they honor. No one should follow this group until they provide a financial disclosure of how money was spent over the past few years and how they plan to budget and allocate resources at this time.
Immigration equality- the big glaring lie – is the offer that UAFA will provide a quick remedy. No it will not. It is simply not possible. The only quick remedy will be a executive order by the President or some creative form of Sunset Special Binat -VISA or Protocol to provide for the immediate relief suffered by our binational / same-sex couples – limited to those who are married – because marriage is now a relatively easy option, according to State and Foreign Laws.
Grassroots I ask you – are you going to allow your selves to be used again – like lambs to the slaughter ?
NOTE:- An Aside: Who can depend on IE: If you have stories to tell please e-mail me – at firstname.lastname@example.org:
I recently sent an asylum seeker to Immigration equality who is within the small window of opportunity with a winning Asylum case. They were excited to receive the case, my source informs me. I then went to South Africa for a month and just arrived back – only to hear that the young person who is in great physical danger if returned home, is still waiting for a post interview call back. She is panic stricken and under time constraints for filing. It is a simple case to file and all they need is to find her an attorney to fill out the forms.
For quite some time I have been writing about creative alternatives – I would like to see the organizations getting your money doing some of the creative out od the box work!!!!
Here is the Body of my Past work on this subject
REPEAT - I WROTE THIS BACK IN DECEMBER,…… WRITTEN BEFORE INTRODUCTION OF REPEAL OF DOMA
Melanie Nathan, Dec 30, 2010. At the federal level of government in the United States, laws are made almost exclusively by legislation. Legislation originates as an Act of Congress passed by the Congress of the United States; such acts were either signed into law by the President or passed by Congress after a presidential veto.
Legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.
When it comes to immigration matters, the standing law is that covered by the Immigration and Naturalization Act of the USA. This law cannot be changed, without the involvement of Congress through an amendment process. However I believe that when it comes to the regulations to effect the intent behind the law or something that unexpectedly and detrimentally impacts the law, the President of the USA can provide an executive order to adjust the circumstances, so impacted.
I do not believe that it was ever the intention of the Defense of Marriage Act to deny the de facto relationships of same-sex couples. I believe President Clinton who signed it into law would attest that it was never his intention to cause American citizens and Residents in same-sex relationships to have to exile the USA to pursue their Constitutional right to happiness. However Americans in the USA, in same sex relationships are denied the possibility to sponsor a partner for a green card.
Accordingly I believe that President Obama has the power to effect an Executive Order on behalf of same-sex couples who are specifically excluded by DOMA, from participating in the US Immigration laws. This quest would specifically denote a right by way of process to an American (citizen or resident) and not a right to an immigrant; the right of the American to Petition for a same-sex partner to reside in the USA, that is currently excluded via laws that simply fail to include the de facto situation, thereby causing extreme hardship to American Families.
I do not believe the Immigration law needs to change for this to happen in the short term; I do not believe that this reflects in any way shape or form on the marriage equality debate. It does not seek to change DOMA and nor does it impact the Immigration Act as we know it, at all.
There have been many early executive orders during all Presidencies; the State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln’s Executive Order Establishing a Provisional Court in Louisiana issued in 1862. An executive order is an order issued by the President, the head of the executive branch of the federal government, generally to staff of the executive branch and not to the citizens of the country. Article I, Section 1 of the US Constitution specifically reserves all federal legislative authority to Congress, not the president.
However here what would occur would be the President ordering the inclusion of same-sex partners under existing law, based on the de facto existence of relationships, the anomaly caused by State law that endorse such relationships, while the Federal government fails to secure the right of the American to remain at home in a relationship of their choice.
Examples of prior Immigration related executive orders -
- Employment of aliens under Federal contracts: EO 12989
- Grenada; revocation of naturalization exemptions: EO 12913
- Persian Gulf conflict participants; expedited naturalization: EO 12939
The Case for an executive order is easily made:
Urgent Need; Immediate Harm;
Without the passage of a repeal of the Defense of Marriage Act the exclusionary legislation that caused the harm, or the passage of the Uniting American Families Act, (UAFA) the pending Legislation – which would fix the problem, there is little else that can happen to right this immeasurable harm in the near future.
Same-sex couples have been watching the introduction of legislation come and go for the best part of 15 years to no avail
Americans are living in exile to be with partners – separated from extended families, children etc. Some are getting ready to leave the USA as I write this; some partners have not seen each other in years- partners are deported, living jobless in hiding; the expense to maintain an international relationship is prohibitive and I can go on….
The Dream Act failed – Do you think Republicans will give a damn about gay and lesbian couples?
Now that DADT is repealed Military also need to a mechanism to bring home foreign born partners after serving abroad.
Now I have never written an Executive Order or anything similar before and so please do not take this as my expectation of what one would really look like or entail. In fact I may even be coming at it from the wrong angle – there may be a more direct way to do it than to Order a Special Board charged with a duty as I have done below. I thought of doig it that way so that the ORDER would not be a blanket order, but would have built in measure for responsible actions, where evidence and contractual nexus helm the process.
PREAMBLE:- Same Sex couples are a de facto part of American Society. The Defense of Marriage Act. specifically excludes Same-Sex partners from being included under the Immigration & Naturalization Act of 1952.
Some de facto same-sex relationships impacted by the Law include children who suffer hardship if parents are forced to separate or leave the United States;
No US citizen should be forced into exile or to leave their homes, careers and countries to be able to pursue a relationship with a same-sex partner;
The intention of the Defense of Marriage Act was define marriage as between a man and a woman only. In No way does this order derogate from that concept nor does it attempt to re-define marriage;
Predicated on the fact that DOMA was never intended to divide unmarried couples (who did not have the legal option to marry in accordance with the Federal definition established by DOMA) and families or prevent them from living together.
It remains the policy of this Administration to enforce the immigration laws to the fullest extent, for all cases that do not conform to this Order; including the detection and deportation of undocumented aliens.
IT IS ORDERED:-
I. Establishment of Emergency Board, to be led by personnel appointed by the President of the USA and office of the Department of Homeland Security for the purposes outlined as follows:-
I. Investigating the separation of same-sex partners whose relationships are excluded from immigration rights and privileges under the Immigration and Nationality Act of 1952 as amended ; with the specific purpose of providing remedies and urgent relief to specific couples and through general regulations and remedies for couples at large:-
a. To establish a Special Visa Program (similar to Fiancé Visa/ R1 Visa) to facilitate the reunification of same-sex partners in relationships where a contractual nexus can be proved within six months of entry by foreign partner into USA; and to to provide a path to citizenship upon conditions to be determined.
b. To provide a mechanism for the adjustment of Status for same-sex foreign partners who are currently in the USA undocumented, whose Visa has expired, who enter into same-sex relationships while in the USA, including those in Asylum or deportation proceedings, or under ten year re-entry ban, where other is a US Citizen or Legal US Resident, who can prove a contractual nexus;
c. To define contractual nexus (I have prepared my own)
d. To define and detail evidence required to prove contractual nexus:- (I have prepared a list)
II. Circumstances to Investigate:
- circumstances of American citizens forced leave the USA to be in relationship
- and live with a foreign born partner, where there is proof of contractual nexus;
- to review immigration cases of foreign same-sex partner, where other is a US
Citizen or legal US Resident, who can prove a contractual nexus;
- to review deportation cases involving foreign same-sex partner, where other is a
US Citizen or Legal US Resident, who can prove a contractual nexus;
- to review asylum cases foreign same-sex partner, where other is a US Citizen and
Resident, who can prove a contractual nexus;
- to review Visa Applications
Immediate moratorium on all deportations involving foreign same-sex partner, where other is a US Citizen or Legal US Resident, who can prove a contractual nexus; to include a retroactive waiver of 10 year ban on re-entry to USA.
The Power shall be vested in the Board and All Regulations stemming therefrom shall be subject to the oversight of a duly appointed Staffer and ratification by the President of the USA.
Maybe this is a pipe dream and I have written about this over a year ago – I hope to join with other advocates in the New Year to push for a creative remedy for the unconscionable and reprehensible inequity to same-sex couples and their families, immediate and extended. This international community cannot wait any longer – not even for what it will take to repeal DOMA, Enact UAFA. This is not an immigration reform issue – it is an immigration equality – as in parity- issue. Hence the bi-national same sex community which advocates, waits and prays for remedies should not be expected to wait any longer while an anti-immigrant weighted Congress plodders along with Comprehensive Immigration Reform.
A note from J. Bachelor 3/31/2011 : I had passed this on to others in the past, but the person to target is Obama and here is why:
A new strategy for helping out immigrants is outlined in a U.S. Citizenship and Immigration Services (USCIS) memo from last year. In that memo, staff members for USCIS catalogued the various options that are open to the President.
“USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear (NTA), and adopting significant process improvements,” the memo reads.
The text of the memo asserts that USCIS’s discretionary power to use deferred action is unlimited. In order to suppress opposition to the flexing of this muscle, the USCIS staffers who wrote the memo suggest that deferred action be used to exempt “particular groups” from being subject to removal proceedings. In this memo, they explicitly admit that “deferred action” — or using prosecutorial discretion not to deport someone — would be “a non-legislative version of ‘amnesty.’”
Fox News notes that deferred action is a “suspension of deportation hearings for illegal aliens. With “deferred action,” illegals are allowed to apply for employment authorization cards,” (http://nation.foxnews.com/amnesty/2010/06/23/obama-granting-amnesty-executive-order).
The President has the power to sign an executive order to exempt “particular groups”, such as gay binational couples who are married, from being deported. This would not make them legal, but would allow them to remain in the country with their significant others.