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Immigration Equality for Same-Sex Partners
Our immigration policy is based on the concept of family re-unification. But our federal government refuses to recognize same-sex partners as family to one another. As a result, thousands of bi-national couples are torn apart or forced to go underground as a result of our discriminatory immigration laws. Take action to support the Permanent Partners Immigration Act for immigration equality today! Senator Barbara Boxer has signed on as a co-sponsor of the bill, S. 1510. Urge Senator Feinstein to sign on as well!
Dear [ Decision Maker ] , As your constituent, I urge you to correct inequality in U.S. immigration law by supporting and co-sponsoring S. 1510, the Permanent Partners Immigration Act. S. 1510, introduced by Senator Leahy, would add the term "permanent partner" to sections of immigration law that provide immigration rights to legally married couples, allowing gay or lesbian citizens to sponsor their partners to become U.S. residents. Right now, the partners of heterosexual Americans can gain permanent resident status -- and eventually citizenship -- through marriage. However, immigration laws do not recognize same-sex couples. In fact, under no circumstances can a U.S. citizen use a same-sex relationship as a basis for sponsoring a partner from a foreign country, no matter how long the couple has been together nor how committed their relationship. Under this legislation, same-sex dual passport couples would have to meet the same requirements as heterosexual couples to demonstrate that they are in an intimate, committed relationship. The requirements include providing proof of the relationship, supportive affidavits from friends and family and evidence of financial interdependence. Adding the category of "permanent partner" status to current U.S. immigration law would not require state and federal recognition of gay marriage. I feel strongly that U.S. immigration policy should establish fair standards that apply equally to the permanent partners of all American citizens. In fact, I understand that the U.S. lags behind other democracies in establishing fair immigration policies. Fifteen other countries currently allow the gay and lesbian partners of their citizens to become permanent residents: Australia, Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South Africa, Sweden and the United Kingdom. The United States should extend the same fair treatment to American citizens and their families. It is clear that family unification is at the heart of U.S. immigration law. Approximately 75 percent of the one million immigrant visas issued each year go to family members of U.S. citizens and permanent residents. However, the current INS definitions of family exclude same-sex couples. This bill seeks to recognize the reality that that a gay or lesbian couple is a family. Again, I urge you to help stop the inequality in U.S. immigration law by sponsoring this critical bill. I look forward to hearing your thoughts on this very important matter.
Sincerely, |
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| Background Information |
The Permanent Partners Immigration Act
Despite significant progress recently for lesbian, gay, bisexual, and transgender rights, Ashley and Sue still have a big problem: U.S. immigration laws, which purport to prioritize family unification, don't include same-sex partners in their definition of family. As a result, Ashley and Sue, like thousands of other bi-national couples, have to maintain their partnership through phone calls, e-mail, and the occasional visit.
"Sue and the kids will come out this summer," says Ashley, "but we agonize over the thought of one more wretched airport goodbye."
Approximately 75 percent of the 1 million green cards or immigrant visas issued each year go to family members of U.S. citizens and permanent residents, allowing U.S. citizens and legal permanent residents to sponsor their spouses for immigration purposes. These laws are known as "family unification" laws, but they don't apply to same-sex couples.
"For lesbian and gay bi-national couples, 'family separation' rather than 'family unification' better describes the effect of U.S. immigration law," says Sophie Fanelli, board member for Immigration Equality, an organization dedicated to securing equal immigration rights for bi-national, same-sex partners.
"As a result of the discrimination built into our immigration laws, thousands of lesbian and gay bi-national couples are kept apart, torn apart or forced to stay together illegally, with one partner in constant fear of deportation."
Short of full marriage equality, a federal bill currently pending in Congress, H.R. 832, the Permanent Partners Immigration Act of 2003 (PPIA), intends to change this inequality and, if passed, would be the only legal tool available to U.S. citizens and permanent residents to sponsor their partners for immigration to the United States.
The PPIA was first introduced by Jerrold Nadler (D-NY) in February of 2000, and garnered nearly 60 cosponsors in its first year. It currently has 119 cosponsors in the House of Representatives, including 29 from California. S. 1510 is the Senate version of the bill. Senator Boxer is a co-sponsor. Senator Feinstein has not yet signed on.
The PPIA would modify the federal Immigration and Nationality Act to provide same-sex partners of U.S. citizens and same-sex partners of lawful permanent residents the same immigration rights that legal spouses of U.S. residents enjoy. Specifically, it would add the term "permanent partner" to the federal law's list of definitions of family, and cover same-sex partners of U.S. citizens and lawful permanent residents. Fifteen countries in the world recognize lesbian and gay couples for the purposes of immigration – including Australia, Belgium, Canada, France, Israel, South Africa and the UK. In many instances, U.S. citizens are forced to leave the country to live with their partners in one of these countries, and many choose to move to Canada.
Current US immigration laws cast a shadow of uncertainty over many California gay and lesbian couples.
Ashley and Sue: "We face a grim future."
Ashley is a US citizen and her partner Sue and her two children are Irish. They have been together for over 3 years. Ashley moved to Ireland to be with them but had to return to the US after not being able to find employment in Ireland. She is a screenwriter and has a successful career in Los Angeles. Sue and Ashley have tried unsuccessfully to secure a work visa for Sue in the past year. Without a U.S. company willing to sponsor her, they have no way of living together in the United States. "We now face a grim future here. It seems the odds are stacked against our plans," says Ashley.
Christine and Jessica: Still searching for "a place to call our home"
Jessica is a law student from Europe, and Christine is a probation officer and a U.S. citizen. Jessica's student visa was recently denied and she must leave the U.S. before the end of July. They are considering moving to Canada, as it might be their only choice to stay together. "Since neither Luxembourg nor the United States allows their citizens to sponsor their same-sex foreign partners for immigration purposes, we are essentially left without a place to go. Our only hope is that a third country, to which both Christine and I are strangers, will have compassion for our hardships and offer us a place to call our home," says Jessica.
Marcus and Jim: "HR 832 would be our salvation."
Marcus and Jim met four years ago in Los Angeles. Jim is a U.S. citizen and Marcus is from Guatemala. He is awaiting a deportation decision in his final asylum hearing. Because Jim and Marcus cannot get married, asylum is Marcus' only option. "HR 832 would be our salvation," says Jim, and he and Marcus have become activists with Immigration Equality to support it.
The PPIA could change the future for these couples and many like them by simply extending to same-sex couples the same immigration rights currently enjoyed by legal spouses.
Check out the bill's current status. Go to http://thomas.loc.gov and type HR 832 in the bill number box.
