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New Immigration Reforms Must End Discrimination Against Lesbians, Gays
BBS News ^ | 5-2-06

Posted on 05/02/2006 7:33:28 PM PDT by SJackson

U.S. Immigration Law Inhumane to Same-Sex Couples

HRW via BBSNews - Washington, D.C., May 2, 2006 -- Thousands of U.S. citizens and their foreign same-sex partners face enormous hardships, separation and even exile because discriminatory U.S. immigration policies deprive these couples of the basic right to be together, Human Rights Watch and Immigration Equality said in a report released today.

As Congress debates immigration reforms, it must end the discrimination that lesbian and gay Americans and their foreign partners endure under U.S. immigration law. The 2000 U.S. Census estimated that in the United States there were almost 40,000 lesbian and gay couples in which one partner is a U.S. citizen (or permanent resident), and the other a foreign national. This figure does not include the many thousands of binational couples who have to hide the fact they are partners, are forced to live apart, or who have been forced to leave the United States. Under discriminatory U.S. statutes, these couples have no recognition under the law.

“Discriminatory U.S. immigration laws turn the American dream into a heartless nightmare for countless U.S. citizens and their foreign partners,” said Scott Long, co-author of the report and director of the Lesbian, Gay, Bisexual and Transgender Rights Program of Human Rights Watch. “As Congress debates immigration reforms, it should end discrimination against lesbian and gay immigrants as well as their U.S. partners.”

The first-ever comprehensive report on the issue, “Family, Unvalued: Discrimination, Denial and the Fate of Binational Same-Sex Couples under U.S. Law,” documents how U.S immigration law and federal policy discriminate against binational same-sex couples. The 191-page report documents the consequences of this discrimination and shows how it can separate not only loving partners from one another, but also parents from children. It also shows how this policy has destroyed careers, livelihoods and lives.

“Our immigration laws are undermining the traditional American values of fairness and family,” said Rachel B. Tiven, executive director of Immigration Equality. “U.S. immigration policy is designed to keep families together. But the current law targets an entire class of American families and tears them apart.”

For more than 50 years, family reunification has been a stated and central goal of U.S. immigration policy. Immigration law places a priority on allowing citizens and permanent residents to sponsor their spouses and close relatives for entry into the U.S. Although the system remains imperfect, riddled with delays that rising anti-immigrant sentiment only intensifies, U.S. citizens and their foreign heterosexual partners can easily claim spousal status and the immigration rights that it brings.

U.S. citizens with foreign lesbian or gay partners, however, find that their relationship is considered non-existent under federal law. The so-called “Defense of Marriage Act,” passed in 1996, declared that for all purposes of the federal government, marriage would mean “only a legal union between one man and one woman as husband and wife.” Since lesbian and gay couples are excluded from the definition of “spouse,” U.S. citizens receive no legal recognition of their same-sex partners for purposes of immigration.

Based on interviews and surveys with dozens of binational same-sex couples across the United States and around the world, the report documents the pressures and ordeals that lack of legal recognition imposes on lesbian and gay families. Couples described abuse and harassment by immigration officials. Some partners told stories of being deported from the United States and separated from their partners. Many couples, forced to live in different countries or continents, endure financial as well as emotional strain in keeping their relationships together.

“No family should be forced apart, no matter what the sex is. This is how immigration laws have affected us,” a woman in North Carolina said, describing how her Hungarian partner and their children were forced to leave the United States. “We are separated and without each other.... We just want to be together, that’s all.”

Many U.S. citizens are forced into exile in countries where their relationships are recognized. At least 19 nations worldwide provide some form of immigration benefits to the same-sex partners of citizens and permanent residents, while the U.S. still refuses. These include Canada as well as 13 European countries (Belgium, Denmark, Finland, France, Germany, Iceland, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and the United Kingdom). On other continents, this list includes Brazil, Israel, South Africa, Australia and New Zealand.

Notably, the report details how current U.S. exclusionary policies are rooted in a long history of anti-immigrant sentiment, in which fears of sexuality have played a steady part. From the McCarthy era until 1990, U.S. law barred foreign-born lesbians and gays from entering the country. The United States is also one of the few industrialized countries that imposes a blanket ban on entry by HIV-positive individuals, a bar that reinforces irrational fears and stigma but does nothing to protect public health.

Congress should immediately pass the Uniting American Families Act (UAFA), Human Rights Watch and Immigration Equality said. The bill, sponsored by Representative Jerrold Nadler (D-NY) and Senator Patrick Leahy (D-VT) would offer binational same-sex couples’ relationships the same recognition and treatment afforded to binational married couples.

The proposed law would add the term “permanent partner” to sections of the Immigration and Nationality Act where “spouse” now appears. Thus, a U.S. citizen or permanent resident could sponsor their permanent partner for immigration to the country, just as they can now sponsor such family members as siblings, children or husbands and wives. The bill was introduced in the current Congress on June 21, 2005; it has a total of 104 cosponsors from both houses.

In addition to repealing the Defense of Marriage Act of 1996, Congress should enact reforms to U.S. immigration law to guarantee respect for the human rights and labor rights of non-citizens. These reforms should include measures that end discrimination against lesbian, gay, bisexual, transgender and HIV-positive individuals.

The Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch, which is the largest U.S.-based human rights organization, advocates against abuses based on sexual orientation or gender identity worldwide. Immigration Equality is a national organization that fights for equality under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive individuals.

Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law” is available on the web.

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TOPICS: Government; News/Current Events
KEYWORDS: 109th; expathomos; homosexualagenda; immigrationreform; samesexunions; turdburglars
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To: CrawDaddyCA
The Homo Lobby tries to attach it's agenda to the 'cause of the day'.

It's always about them...

21 posted on 05/02/2006 8:10:17 PM PDT by FDNYRHEROES (Always bring a liberal to a gunfight)
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To: DBeers

Nadler isnt that the fat fart who looks like jabba the Hut. As fat as he is he hasnt had sex in years I doubt his arm is long enough to reach around that fat to his Johnson.


22 posted on 05/02/2006 8:12:33 PM PDT by sgtbono2002
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To: SJackson

Immigration Reforms Must End Discrimination Against Lesbians, Gays



In other news today, putting a man on Mars must end discrimination against midgets milking bulls.


23 posted on 05/02/2006 8:13:01 PM PDT by trubluolyguy (It wasn't the spikes that kept Him on the cross.)
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To: SJackson
Our immigration laws are undermining the traditional American values of fairness and family,

The traditinoal American value of family does not include same-sex couples. That should be obvious no matter what you think of that.

24 posted on 05/02/2006 8:14:43 PM PDT by RonF
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To: CrawDaddyCA

Well said, exactly!


25 posted on 05/02/2006 8:14:57 PM PDT by TAdams8591
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To: SJackson

Now I'm confused. How can you adopt an "anchor baby"? I mean, U.S. couples have to go abroad to adopt babies, are foreign gays claiming some kind of "right" to adopt U.S. babies?


26 posted on 05/02/2006 8:16:48 PM PDT by Alouette (Psalms of the Day: 23-28)
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To: SJackson
New Immigration Reforms Must End Discrimination Against Lesbians, Gays

I SAY AGAIN,

WHISKEY TANGO FOXTROT, OVER.

27 posted on 05/02/2006 8:25:07 PM PDT by SquirrelKing
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To: SJackson
The United States is also one of the few industrialized countries that imposes a blanket ban on entry by HIV-positive individuals..

This is a bad thing? Why would we want to let people with a deadly disease into the country who will do nothing but tax an overburdend medical community and of course, require tax payers money. Let their home country take care of them.
28 posted on 05/02/2006 8:27:01 PM PDT by Wolfhound777 (It's not our job to forgive them. Only God can do that. Our job is to arrange the meeting)
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To: SJackson

How 'bout they all GO TO MEXICO!!!!


29 posted on 05/02/2006 8:34:06 PM PDT by goodnesswins ( "the left can only take power through deception." (and it seems Hillary & Company are the masters)
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To: SJackson

Was "basic right to be together" covered in the Constitution? I must have missed it if it was.


30 posted on 05/02/2006 8:34:56 PM PDT by RinAZ2005
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To: SJackson

I was wondering how long it would take them to add a "gay" theme to the struggle for illegal immigration. Why don't they just go to the communist paradise of Cuba if America is so "homophobic"?


31 posted on 05/02/2006 8:40:04 PM PDT by Wilhelm Tell (True or False? This is not a tag line.)
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To: SJackson

Well, apparently the EU is insisting all the countries in it accept same sex marriage, this is just another ploy to make the US accept it too.

It's plain as day.


32 posted on 05/02/2006 8:40:34 PM PDT by gidget7 (PC is the huge rock, behind which lies hide!)
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To: SJackson
Congress should immediately pass the Uniting American Families Act (UAFA), Human Rights Watch and Immigration Equality said. The bill, sponsored by Representative Jerrold Nadler (D-NY) and Senator Patrick Leahy (D-VT) would offer binational same-sex couples’ relationships the same recognition and treatment afforded to binational married couples.

They can't multiply their numbers by procreating but gays would be able to double the numbers of gays in this country with this scheme.

Like mail order brides but they don't even have to be married. The foreign prospective spouse pays an agency here to set him up with a partner in the US and the citizen would split the money with the agency.

33 posted on 05/02/2006 8:41:16 PM PDT by Jim_Curtis
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To: gidget7

>>Well, apparently the EU is insisting all the countries in it accept same sex marriage, this is just another ploy to make the US accept it too.<<

The EU does a lot of things just to their member countries...


34 posted on 05/02/2006 8:42:18 PM PDT by gondramB (He who angers you, in part, controls you. But he may not enjoy what the rest of you does about it.)
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To: Jim_Curtis
Like mail order brides but they don't even have to be married. The foreign prospective spouse pays an agency here to set him up with a partner in the US and the citizen would split the money with the agency

They can then use that money for the gay lobby and force homo adoption through the liberal courts. That way, they can adopt their very own sex toys...........er......I mean "children."

35 posted on 05/02/2006 8:46:16 PM PDT by concerned about politics ("Get thee behind me, Liberal.")
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To: gondramB
Yes I know, one of which is Poland, which is a very conservative country. And I believe the agenda is trying to make a world wide statement, since it comes right along with the EU announcement. A lot of these leftists want a world government.
36 posted on 05/02/2006 8:51:57 PM PDT by gidget7 (PC is the huge rock, behind which lies hide!)
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To: SJackson

Everybody wants to hitch a ride.


37 posted on 05/02/2006 10:07:21 PM PDT by luvbach1 (More true now than ever: Near the belly of the beast in San Diego)
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To: SJackson
Many U.S. citizens are forced into exile in countries where their relationships are recognized.

Another big plus to the Marriage Amendment to the Constitution!

38 posted on 05/03/2006 10:10:25 AM PDT by FormerLib ("...the past ten years in Kosovo will be replayed here in what some call Aztlan.")
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