The Immigration Bill’s Poisonous Gay Amendments

U.S. Senators have submitted their 301 amendments to the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, with Republican Sen. Grassley responsible for 77, a quarter of the entire lot. Sen. Sessions comes in second with 49 amendments. Among the Democrats, who authored a third of the amendments, Mazie Hirono has the most, 24.

The Senate Judiciary Committee begins the amendment process Thursday. It will be interesting to see which amendments make the cut and how the measure will look after weeks of what will no doubt be spirited hearings.

LGBT advocates and their allies will be anxiously monitoring two proposals from Sen. Leahy. The amendments seek to rectify the immigration measure which currently excludes lesbian and gay binational couples. GOP senators and conservative activists have warned that inclusion of such couples would be a “poison pill” which would kill the legislation.

The purpose of Leahy’s first pro-LGBT submission is “to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents.” In short, to treat permanent partnerships the same as marriages for immigration purposes.

Leahy’s second proposal seeks “to recognize, for purposes of the Immigration and Nationality Act, any marriage entered into in full compliance with the laws of the State or foreign country within which such marriage was performed.”

Neither amendment uses the words lesbian, gay, or homosexual. Everyone knows, however, that these changes have to do with same-gender couples. I have said elsewhere that I believe lesbian and gay couples will be left out of immigration reform. Not because I think we should. My husband and I are among the thousands of couples that would benefit. I say so because of the political realities of Washington.

You can watch the HuffPost Live segment where I join the discussion about the immigration bill and gay binational couples here.

LGBT Groups Fight for Inclusion in Immigration Reform

May 2, 2103; The Advocate

This week, senators will be offering amendments to the immigration bill crafted by eight of their colleagues. Advocates have been working overtime on lawmakers to make sure that changes in the measure reflect their interests. LGBT groups have been among the most vocal, protesting the exclusion of same-gender bi-national couples and insisting that any bill voted on by the full chamber include LGBT immigrant families.

Sen. Patrick Leahy (D-VT) has indicated that he would offer an amendment allowing gay Americans to sponsor their foreign-born spouses and partners for green cards, a privilege enjoyed by straight Americans. Republican senators have warned that such a move would be a “poison pill” which would kill any immigration bill. “It will virtually guarantee that it won’t pass,” Sen. Marco Rubio (R-FL) told POLITICO. “This issue is a difficult enough issue as it is. I respect everyone’s views on it. But ultimately, if that issue is injected into this bill, the bill will fail and the coalition that helped put it together will fall apart.”

Religious fundamentalists and other conservatives have weighed in, threatening to withdraw support if immigration reform were inclusive. “We strongly would oppose the provision and it could force us to reconsider our support for the bill,” said Kevin Appleby, director of the Catholic Bishops’ Office of Migration and Public Affairs.

LGBT advocates are calling that bluff. “We do not believe that our friends in the evangelical faith community or conservative Republicans would allow the entire immigration reform bill to fail simply because it affords 28,500 same-sex couples equal immigration rights,” reads a joint statement from the National Center for Lesbian Rights, GLAAD, the National Gay and Lesbian Task Force, United We Dream, and the Queer Undocumented Immigrant Project. “This take-it-or-leave-it stance with regard to same-sex bi-national couples is not helpful when we all share the same goal of passing comprehensive immigration reform that provides a path to citizenship.”

The president, who has chosen to let Congress take the lead in forging immigration legislation, has hedged on the matter. While he continues to assure LGBT and other progressive groups that he supports the inclusion of gay bi-national couples, he has also made it crystal clear that he will sign compromise legislation that will leave some sectors disgruntled. “I can tell you I think that this provision is the right thing to do,” he said. “I can also tell you I’m not going to get everything I want in this bill. Republicans are not going to get everything that they want in this bill.”

President Obama is spot on in that not everyone will be happy. Should a final bill pass, it is very possible that gay bi-national couples will not be part of it. Fact is, compromises are made and deals brokered whenever legislation is crafted. Moreover, some constituencies are more valuable than others. In this situation, the LGBT lobby will not prevail as there are far more important players to please and the “greater good” to consider.

Originally posted on Nonprofit Quarterly Nonprofit Newswire.

Breaking Down the Gang of Eight’s Immigration Bill

The Senate’s “Gang of Eight” released details of its immigration reform legislation last week, so the Urban Institute updated its earlier infographic comparing the White House’s immigration blueprint to the Senate bill.

The president and the senators are, for the most part, in sync. But differences over a few key provisions have advocates from all corners expressing concern for their constituencies, promising an intense debate moving forward. As could be expected from some quarters, immigration reform was insinuated into the Boston terror attack.

The President prioritizes an immediate path to citizenship, while the Senate focuses first on secure borders and successful enforcement. Under both plans, it will take eligible immigrants about the same amount of time — at least 13 years — to become U.S. citizens. The Senate bill cuts the number of family visas and repeals diversity visa programs, both of which are of grave concern to immigrant advocates. The president’s blueprint includes LGBT families, while the Senate’s bill purposely leaves them out.

The immigration bill is far from perfect and the House of Representatives should be offering their own legislation shortly. We can expect various groups lobbying hard to ensure that the final bill, should there be one, covers their interests. We can also expect the Gang of Eight to fight hard for what the president has characterized as a compromise effort. Sen. Rubio, in particular, has come out swinging. His presidential ambitions, after all, are at stake.

Originally posted on the Huffington Post.

No Surprise, Gays Left Out of Immigration Reform Bill

(Photo: Flickr/mdfriendofhillary)

The Senate Gang of Eight has finally released its much-awaited immigration legislation. The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 is characterized by President Obama as a compromise bill which is largely consistent with his own principles for immigration reform.

The proposed law further fortifies our southern border and bolsters law enforcement, provides a path to citizenship for undocumented immigrants, creates guest worker programs for low-skilled and agricultural workers, increases the number of employment visas, and eliminates employment and family visa backlogs. It also cuts and limits the number of family visas and repeals diversity visa programs while creating a merit-based visa system based on education, employment, and length of residence in the U.S.

The comprehensive bill excludes LGBT families. Lesbian and gay Americans and permanent residents will still not be able to sponsor their loved ones for permanent residency.

The exclusion of families like mine comes as no surprise. I have been in Washington, D.C. long enough to know that compromises are made and deals brokered when crafting legislation. I am also aware that some constituencies are more influential than others. In order to get bipartisan buy-in, both sides had to give some. The Democratic senators decided that tens of thousands of LGBT families are dispensable. While the LGBT community has sway with Democrats, it was not enough in this battle. There are far more important players to please and the “greater good” to consider.

How do I feel? Angry, certainly. Resigned, mostly. This is how our democracy works. In the coming months, various interest groups and their champions will lobby Congress to make sure that they get something in the final immigration reform package. LGBT organizations and coalition partners will vigorously protest the exclusion of lesbian and gay binational couples. But at the end of the day, we will still be left out in the cold. And President Obama, who includes us in his own reform blueprint, will sign a comprehensive – but not inclusive – immigration law. And, I will be rational, saying to myself that this is a good thing.

Originally posted on Feet in 2 Worlds and the Huffington Post.

LGBT Advocates: Tide Turners Extraordinaire

March 27, 2013; Source: The Atlantic

The Human Rights Campaign (HRC), the nation’s largest lesbian, gay, bisexual, and transgender (LGBT) civil rights group, crows, “Americans Agree: It’s Time to Strike Down DOMA.” And HRC, along with its allies and other advocates in the broader LGBT community do have cause to celebrate.

On Wednesday, the Supreme Court heard arguments for and against the Defense of Marriage Act (DOMA), the brazenly discriminatory statute signed into law by President Bill Clinton. There appears to be consensus among the pundit class that the Supremes will most likely strike down Section 3 of DOMA, which precludes federal recognition of gay marriages and as such, denies legally married lesbian and gay couples the more than 1,100 federal benefits, rights, and privileges enjoyed by straight married couples. If the prognosticators are correct, then same-gender married couples in nine states and the District of Columbia, where marriage equality has been established, will finally be treated equally under U.S. law.

Commentators are having a harder time divining the tea leaves from the other marriage equality case heard by the Supreme Court. On Tuesday, opponents and proponents of California’s Proposition 8, which amended the state constitution to ban same-gender marriage, presented their arguments. The justices’ reactions and questions didn’t give a clear signal on how they would rule on the constitutionality of Proposition 8 and, by extension, the right of gay people to marry.

We’ll learn the outcome of both cases come June, but no matter the outcome, the gay rights movement and gay couples in particular have, in some sense, already won. Support for marriage equality is at an all-time high, especially among young Americans, which only augurs a brighter and more equal future for the LGBT community. Leaders of both parties are advocating for the freedom to marry for all. From our vantage point, it appears the tide has turned and there’s no use fighting it. And why would anyone, anyway? 

Originally posted on Nonprofit Quarterly’s Nonprofit Newswire.

The Cost of Being Gay and Married

With my husband at the Supreme Court rally for marriage equality.

This week, the U.S. Supreme Court hears oral arguments in two landmark gay rights cases. At issue in Hollingsworth v. Perry is the constitutionality of California’s Proposition 8 banning same-gender marriage, while in United States v. Windsor, at issue is whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment’s guarantee of equal protection under the law for all citizens.

DOMA’s Section 3 limits marriages to those between a woman and a man. This means that legally married lesbians and gays are denied the 1,138 federal benefits, rights, and privileges enjoyed by married couples who happen to be of different genders. To date, marriage equality has been achieved in Connecticut, the District of Columbia, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington, the Coquille Tribe (Oregon), the Suquamish Tribe (Washington), and the Little Traverse Bay Bands of Odawa Indians (Michigan), but legally married lesbian and gay couples in these states and jurisdictions are not treated equally under federal law.

In 2009, the Tax Policy Center and the Williams Institute held a panel discussion called “The Higher Cost of Being Gay: Life, Death, and Taxes.” As Howard Gleckman wrote,

when it comes to federal taxes the question is not whether you are gay or straight, but whether or not you are married. Depending on the relative income of each spouse, married couples either enjoy a marriage bonus or suffer a marriage penalty. Of course, heterosexuals can choose to marry or not and live with the tax consequences. Gays and lesbians have no such option. Even though a handful of states now recognize gay marriage, for federal tax purposes their marital status is irrelevant.

In short, it costs to be born and married gay. And it’s not just the tax code. My husband and I, for instance, are denied Social Security, inheritance (i.e., estate tax and retirement savings), and health care benefits taken for granted by our straight counterparts. A few years back, the New York Times estimated the lifetime penalty for a gay couple. In the best case scenario, it would be about $30,000. In the worst case, well over $200,000. Moreover, my American spouse is unable to sponsor me, a foreign-born individual, for immigration purposes.

The list goes on but at the end of the day, what is being argued before the Supreme Court is whether all citizens should be treated equally and have the freedom to marry whom they love.

An abridged version is posted on Urban Institute’s MetroTrends blog.

Not All LGBT Immigrants Are Married to Americans

The inclusion of gay couples in comprehensive immigration reform legislation has turned into a highly contentious issue. The reality, however, is that there are more lesbian, gay, bisexual, and transgender (LGBT) immigrants than the estimated 32,300 individuals married to American citizens or legal permanent residents.

The Center for American Progress (CAP) reports that there are at least 267,000 undocumented adult immigrants who self-identify as LGBT. These individuals, because of their dual minority status as LGBT and as undocumented, are also among the nation’s most vulnerable, subject to employment, wage, and income disparities. They also face specific challenges when dealing with the immigration system.

The CAP report builds on the findings of the Williams Institute which profiles LGBT adult immigrants in the U.S. According to the institute’s research, in addition to the 2.7 percent of unauthorized adult immigrants who self-identify as LGBT, 2.4 percent of adult documented immigrants or 637,000 say they are LGBT. Gary J. Gates, the Williams Institute’s Distinguished Scholar, stressed at a CAP panel last week that these are conservative estimates and there could easily be more than 904,000 adult LGBT immigrants, both documented and undocumented. He also pointed out that about 11,700 lesbian and gay couples are both non-citizens, 58 percent of whom are raising over 12,000 children.

Jose Antonio Vargas, founder of Define American and undeniably the most high-profile undocumented immigrant in the U.S., also brought attention to queer undocumented youth who may not be counted among the 267,000 undocumented adults. Moreover, he highlighted the fact that many of the founders and leaders of the undocumented youth movement, the DREAMers, are LGBT themselves.

The CAP report argues that “passing an immigration reform bill with a direct road map to earned citizenship would lift these immigrants out of the shadows, treat them with the dignity they deserve, and enable them to become full and equal participants in our society, economy, and democracy.”

LGBT undocumented immigrants live in the shadows, marginalized by society’s bias based on sexual orientation or gender identity and immigration status. Shedding light on their numbers is a start in getting them out of the dark.

Originally posted on the Huffington Post.

Out of the Shadows: Counting Undocumented LGBT Immigrants

March 8, 2013; Source: Fox News Latino

The inclusion of gay couples in comprehensive immigration reform legislation has turned into a highly contentious issue. According to a new report from the Center for American Progress (CAP), there are at least 267,000 undocumented adult immigrants who self-identify as LGBT. These individuals, because of their dual minority status as LGBT and as undocumented, are also among the nation’s most vulnerable, subject to employment, wage, and income disparities. They also face specific challenges when dealing with the immigration system.

The CAP report builds on the findings of a Williams Institute report which profiles LGBT adult immigrants in the U.S. According to the Institute’s research, in addition to the 2.7 percent of unauthorized adult immigrants who self-identify as LGBT, 2.4 percent of adult documented immigrants (or 637,000 documented immigrants) say they are LGBT. At a CAP panel last week, Williams Institute Distinguished Scholar Gary J. Gates stressed that these are conservative estimates and that there could easily be more than 904,000 adult LGBT immigrants, both documented and undocumented. Gates added that there are approximately 11,700 lesbian and gay couples in which both are non-citizens, and of this group, 58 percent are raising children. That would equate to more than 12,000 children.

Jose Antonio Vargas, founder of Define American and undeniably the most high-profile undocumented immigrant in the U.S., also brought attention to queer undocumented youth who may not be counted among the 267,000 undocumented adults. Moreover, he highlighted the fact that many of the founders and leaders of the undocumented youth movement, otherwise known as the DREAMers, are LGBT themselves.

The CAP report argues that “passing an immigration reform bill with a direct road map to earned citizenship would lift these immigrants out of the shadows, treat them with the dignity they deserve, and enable them to become full and equal participants in our society, economy, and democracy.” LGBT undocumented immigrants live in the shadows, marginalized by society’s biases based on sexual orientation or gender identity and/or immigration status. Shedding light on their numbers is a start in getting them out of the dark. 

Originally posted on Nonprofit Quarterly Nonprofit Newswire.

Will LGBT Binational Couples Be Included in Immigration Reform?

February 15, 2013; Source: Metro Weekly

Last week, two bills that address the plight of gay binational couples were introduced in Congress. Gay U.S. citizens and legal permanent residents, unlike their straight peers, are not able to sponsor spouses or partners for green cards because of the Defense of Marriage Act (DOMA). The Family Equality Council, an organization that represents lesbian, gay, bisexual, and transgender (LGBT) parents and their children, points out that there are more than 36,000 binational couples in the country, about half of whom are raising children. These families run the risk of being torn apart by limited immigration options under the current system.

Sen. Patrick Leahy (D-Vt.) and Sen. Susan Collins (R-Maine) announced that they would reintroduce the Uniting American Families Act (UAFA), which seeks to eliminate the discrimination suffered by LGBT families under immigration law. The following day, Rep. Mike Honda (D-Calif.) reintroduced the Reuniting Families Act (RFA), which aims to shorten the long wait times for family-sponsored visas and also allows gay Americans to sponsor their foreign-born partners.

“Our family-based immigration system has not been updated in 20 years, separating spouses, children and their parents, who have played by the rules for years,” Honda said in a statement. “My proposed legislation is in line with American family values and with our need to grow our economy and save taxpayer money. American workers with families by their side are happier, healthier and more able to succeed than those distanced from loved ones for years on end. Our country deserves an immigration system that honors and supports key family values, like keeping families intact.”

“Family is the universal source of success and happiness for people of all faiths, nationalities, and sexual orientations,” said Rachel B. Tiven, executive director of Immigration Equality, a nonprofit that advocates for LGBT immigrants. “With family by your side, every American and every newcomer can work hard, study, and achieve.”

It is highly unlikely that either legislation will gain enough support to pass through both chambers of Congress. Instead, the best solution for LGBT immigrant families might be their inclusion in any comprehensive immigration bill. President Barack Obama’s immigration plan includes LGBT families, but the Senate’s bipartisan plan does not.

Many conservatives have expressed opposition to any law that would make allowances for gay binational couples and their families. It remains to be seen whether there may be enough equality-minded lawmakers in Congress to stand up for the rights of LGBT immigrant families.

Originally posted on Nonprofit Quarterly Nonprofit Newswire. 

Comparing Immigration Reform Proposals

Infographic courtesy of the Urban Institute.

Both the President and the Senate’s “gang of eight” introduced proposals for comprehensive immigration reform this week. They agree on key principles revolving around enforcement, employment, a path to citizenship for unauthorized immigrants, and solutions for problems plaguing the system. But they also differ in several ways.

Immigrant advocacy groups have expressed their approval. The National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund issued the following statement:

NALEO Educational Fund applauds the bipartisan efforts of U.S. Senators who today released their framework for moving comprehensive immigration reform forward. The principles acknowledge that our nation is struggling as a result of our broken immigration system, and aims to address this issue in a fair and humane manner that brings the more than 11 million undocumented immigrants living in the country today out of the shadows.

“The statements from President Obama and the bi-partisan group of Senators this week give us hope that immigration policy reform will soon become a reality. Our community members are deeply affected by every facet of our nation’s immigration laws and enforcement practices,” said Deepa Iyer, Chair of the National Council of Asian Pacific Americans (NCAPA). “Our communities also have sent the message that changes in immigration policy are critical in uniting families, accessing employment, education and health care, and living without fear of detention and deportation.”

There are several differences between the president’s and senators’ frameworks however, as outlined by the Urban Institute. Surprisingly, a key sticking point is no longer the fate of the estimated 11 million plus undocumented immigrants, but that of lesbian and gay binational couples and their families, who number less than 30,000. Because of the Defense of Marriage Act, U.S. citizens and permanent residents are not able to sponsor their same-gender foreign-born partners and spouses, unlike their heterosexual counterparts. While the president’s plan has a provision for gay families, the senators’ plan does not.

Conservatives in Congress warn against insisting on an LGBT-inclusive provision in any comprehensive immigration legislation.

“I think it is a red herring,” said Sen. John McCain (R-AZ) when asked about this issue. “I think then, do we want to guarantee a tax payer free abortion? I’m telling you now, if you load this up with social issues and things that are controversial, then it will endanger the issue.”

The idea of throwing LGBT immigrant families under the bus has advocates displeased. Fair Immigration Reform Movement (FIRM), a network of community-based immigrant advocacy organizations in 30 states, released a statement saying they are “disappointed by the exclusion of the Uniting American Families Act to ensure fair treatment of LGBT families from the bill.” The Uniting American Families Act would guarantee the equal treatment of gay couples. Immigration Equality, a group that works on behalf of lesbian, gay, bisexual and transgender (LGBT) immigrants, shared this dissatisfaction.

“We were disappointed that the bipartisan framework did not specifically include lesbian and gay families,” said Steve Ralls, Immigration Equality’s Director of Communications. “Earlier this year, the Congressional Hispanic Caucus released their priorities for immigration reform and we were on their list that they wanted to see included.”

The administration and GOP leadership appear committed to passing immigration reform this year but there are no guarantees about what form it will take, whether it will be truly comprehensive and inclusive or not.

Originally posted on Feet in 2 Worlds.