immigration law tears our families apart
Dustin on Jun 2nd 2007
Comprehensive Immigration Reform (CIR) is perhaps the most hotly debated topic today. It has an international reach, affecting tens of millions in the immediate and millions more to come. There is no one best opinion about CIR. The issues involved are too human for a one-size-fits-all approach, too specific to each individual, family and community affected. Likewise there is no one best political strategy when approaching reform—do we support Congress’s current efforts to alter (some say “improve”) the system, in the hopes that doing so will open doors to fixing the problems we see in immigration policy? Or do we, as an LGBTQ and ally community, oppose it because it doesn’t do nearly enough from the start to better the lives of LGBTQ immigrants, their families and friends?
I personally don’t have the answers to these questions. Neither does Family Pride. But as our organizational mission is to make sure that all loving families (living or connected to the United States) share equal access to the rights, responsibilities and benefits of being a family, we will continue to struggle with the immigration issues as the CIR debate grows.
For now, we can share with you some vital information about LGBTQ families directly touched by immigration and citizenship status. The following data has been pulled from a 2006 report by Immigration Equality. The report is entitled “Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law.”
- As of Census 2000, 35,820 binational couples (meaning one partner has US citizenship while the other does not) live in the United States.
- These 35,820 binational couples equate to 6% of all identified same-sex couples in the US.
- Despite reform in the 1990s that struck down sexual orientation as a category by which potential immigrants could be judged, LGBTQ US citizens still can’t sponsor their long-term partners as family members.
- For more than fifty years, “family reunification” has been a primary goal of immigrant policy in the US. More than two-thirds of all legal immigration derives from family sponsorship.
- The Federal Defense of Marriage Act (DOMA) not only prohibits one state from recognizing the same-sex unions of another; it also defines marriage for federal purposes as a union between a man and a woman, making it impossible for LGBTQ US citizens to advocate for spousal status of their same-sex partner.
- To reunite with their families, many non-US citizens attempt to live in the US on temporary visas, usually for 6 month periods. But temporary visas are not a viable option for the LGBTQ partners of US citizens. People on temporary visas must show that they do not have motivations to stay in the US passed their legal period. A romantic relationship with a US citizen is considered proof enough of intention to stay (and denial of the visa).
- The process by which non-LGBTQ US citizens sponsor their partners for entry into the US is relatively simple. Non-LGBTQ couples basically show a US consulate that they intend to marry and that they’ve met at least once before in-person. This declaration begins the process. There is no process for same-sex couples.
- Current CIR attempts would make it possible for an LGBTQ US citizen to be convicted of “smuggling” their life-long partner if the partner reaches undocumented status.
- Legal relationships to children with US citizenship do not grant immigrant parents legal status in the US, meaning they can be detained and deported, regardless of whether they parent children with citizenship.
These facts and figures give us just a glimpse into the ways immigration policy discriminates against LGBTQ families and tears them apart. “Family, Unvalued” could also easily have been called “Family Fugitives,” so desperate are the families with immigrant parents to avoid the system’s heavy hand.
There’s a separate bill in the US Senate right now, intended to stop this discrimination. It’s called the Uniting American Families Act. Help pass the bill here. For more on immigrant and LGBTQ families, read the full report: “Family, Unvalued.” To better equip yourselves to speak out on these issues and more, sign up for an OUTSpoken Families Toolkit, the Family Pride guide to advocating for family equality in your own communities.
Leave a comment. Let us know what you think/feel about immigration reform and our families. If you are a family touched by immigration, share your story below.
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