Headline Of The Day

Via McClatchy:

"From an LGBT perspective, at this point, immigration is going to be an even playing field," said Cara Jobson, a partner in Wiley and Jobson, a San Francisco immigration law firm. The U.S. government is working to ensure that couples who qualify will be able to get the process started right away, Janet Napolitano, the secretary of the Department of Homeland Security, said after the ruling. Same-sex couples have been flooding Jobson's office since Wednesday with requests for help applying for a green card for a foreign spouse, she said. Kirkbride and Kurzatkowska filed their papers Friday.  The process includes filling out forms, getting a medical exam for the spouse applying for the green card, and showing that the foreign spouse won't be a financial burden to the U.S., Jobson said. The foreign spouse also has to prove that he or she entered the country legally.

The entire process takes about three months before the green card arrives in the mail.

Binational Couples: Get Your Green Cards

Via Immigration Equality:

Following the U.S. Supreme Court’s landmark ruling striking down a core provision of the federal Defense of Marriage Act (DOMA), lesbian and gay Americans will now be eligible to apply for green cards on behalf of their foreign national spouses, the organization Immigration Equality announced today. The court ruled today, in United States v. Windsor, that Section 3 of DOMA, which prohibited the federal government from conferring benefits to married same-sex couples, is unconstitutional. That provision of the law made it impossible for lesbian and gay couples to receive immigration benefits, including green cards.

“At long last, we can now tell our families that yes, they are eligible to apply for green cards,” said Rachel B. Tiven, executive director of Immigration Equality. “Many of our families have waited years, and in some cases decades, for the green card they need to keep their families together. Couples forced into exile will be coming home soon. Americans separated from their spouses are now able to prepare for their reunion. Today’s ruling is literally a life-changing one for those who have suffered under DOMA and our discriminatory immigration laws.”

I've got a couple of dear friends in New Zealand that I hope get to return soon.

Gays Won't Be In Immigration Reform Bill

An amendment to add LGBT couples to the Senate immigration reform bill was withdrawn tonight in order to improve the bill's chance of passage. Chris Geidner has the news at Buzzfeed:

Sen. Patrick Leahy withdrew his proposed amendment to the comprehensive immigration reform bill that would have recognized the marriages of same-sex couples for immigration purposes on Tuesday night, after several Democratic members of the committee stated that they would not be supporting it. A little past 7 p.m., Leahy said, “It is with a heavy heart … I will withhold the Leahy Amendment 7 at this point.” Leahy offered the amendment a half-hour earlier, saying, “I don’t want to be the senator who asks Americans to choose between the love of their life and the love of their country.”

Sen. Lindsey Graham: "If you redefine marriage for immigration purposes [by the amendment], the bill would fall apart because the coalition would fall apart. It would be a bridge too far."  Devoted LGBT allies Sen. Chuck Schumer and Sen. Al Franken both reluctantly agreed that removing the amendment to include gay couples was better than sinking the entire bill.

The Human Rights Campaign reacts:

"As we come together as a nation to tackle our broken immigration system, it is deplorable that a small number of Senators have been able to stand in the way of progress for lesbian and gay couples torn apart by discriminatory laws. Instead of working to achieve common-sense solutions, Senators Graham, Flake, McCain and Rubio threatened to derail the entire immigration bill to appease a small but vocal group of anti-gay social conservatives that will do anything to stop progress for lesbian and gay couples.

"We are extremely disappointed that our allies did not put their anti-LGBT colleagues on the spot and force a vote on the measure that remains popular with the American people. We will continue to work hard to include bi-national same-sex couples as the bill moves to the floor and remain committed to the underlying principles of inclusive and comprehensive immigration reform. We owe it to the estimated 267,000 undocumented LGBT adults and estimated 24,700 LGBT bi-national couples living in the U.S. today to get the job done."

Immigration Equality reacts:

"Despite the leadership of Chairman Leahy, Judiciary Committee Democrats have caved to bullying by their Republican colleagues," said Rachel B. Tiven, executive director of Immigration Equality Action Fund. "There should be shame on both sides of the political aisle today for lawmakers who worked to deny LGBT immigrant families a vote. Despite widespread support from business, labor, faith, Latino and Asian-American advocates, Senators abandoned LGBT families without a vote."

Senator Chuck Schumer, an architect of the immigration bill, had long promised LGBT constituents that the package would include their families. "From the beginning we told Senator Schumer that it would only get harder to add LGBT families to the bill," said Tiven. "We are disappointed that Senator Schumer and his 'Gang of 8' colleagues accepted a false choice between LGBT families and immigration reform, when the truth is that including LGBT families from the outset would have strengthened the bill."

UPDATE: DOMA Project head Lavi Soloway sends this image.

UPDATE II: President Obama has issued a statement.

I applaud the Committee members for their hard work, especially “Gang of Eight” members Senators Schumer, Durbin, Graham and Flake. None of the Committee members got everything they wanted, and neither did I , but in the end, we all owe it to the American people to get the best possible result over the finish line. I encourage the full Senate to bring this bipartisan bill to the floor at the at the earliest possible opportunity and remain hopeful that the amendment process will lead to further improvements

The Bravery Tapes

Via the Los Angeles Times:

For some same-sex couples, the issue is made even more complicated by our country’s immigration laws. In his video Op-Ed “Eric and Juan,” Jens Erik Gould introduces us to a same-sex couple who got married in 2008, during the brief time when gay marriage was legal in California. Though Eric and Juan have built a life together here, DOMA prevents Juan from applying for a green card through marriage. It is among the many federal benefits the two are denied.

“Juan has had so much adversity in his life,” Gould says. “Someone tried to kill him in Mexico because he was gay. Now, not only does he still experience discrimination for being gay in the U.S., he's also living undocumented here. Many people in this situation hide in the shadows. But despite all the adversity and risk, he's publicly fighting for what he believes in because he wants to be an example for his community.”

President Obama Supports LGBT Inclusion For Immigration Reform Bill

Speaking tonight at a press conference in Costa Rica, President Obama endorsed including LGBT couples in the immigration reform bill currently before the Senate.

Obama says that recognizing same-sex relationships in the bill is "the right thing to do." But he says it would be premature to telegraph what he will or won't do before lawmakers send him a bill. Gay rights supporters are pushing for an amendment to the bill to allow gays to sponsor their partners to come to the U.S. But Republicans, including some who helped draft the bill, have made it clear that amending the legislation in that fashion would cost their support.

National LGBT Groups Threaten To Derail Immigration Bill Over Gay Exclusion

From a press release jointly issued by the National Center for Lesbian Rights, GLAAD, National Gay and Lesbian Task Force, United We Dream and Queer Undocumented Immigrant Project:

Our primary goal is to pass a commonsense, compassionate immigration reform bill that puts our nation's undocumented men, women and children on a pathway to citizenship. That pathway would provide at least 267,000 LGBT undocumented people the opportunity to become full participants in our economy and our democracy.

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. This take-it-or-leave-it stance with regard to same-sex binational couples is not helpful when we all share the same goal of passing comprehensive immigration reform that provides a path to citizenship.

We all deserve a chance to live with dignity, to pursue our dreams, and to work for a better future and better quality of life. Our current immigration system is broken. It dehumanizes, scapegoats and vilifies all immigrants, including LGBT immigrants, and their friends and families. Comprehensive, compassionate immigration reform is an urgent priority for our nation and the LGBT community. We stand firmly that the following principles must be included if we are to truly have comprehensive immigration reform legislation.

NOM reacts with the below headline.

Sen. Marco Rubio says that the bill will fail if the proposed gay-inclusive amendment is attached.

“It will virtually guarantee that it won’t pass,” Sen. Marco Rubio (R-Fla.), a member of the Gang of Eight negotiating group, told POLITICO in a brief interview. “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.” As the legislation moves through the Judiciary Committee and on to the Senate floor, many people will make pronouncements about things that must be kept in or kept out of the bill — but few issues worry the Gang of Eight as much as same sex partner rights.

The proposed amendment may be familiar to you as the Uniting American Families Act, which was first introduced by Rep. Jerry Nadler in 2000 as the Permanent Partners Immigration Act.  As a stand-alone bill, it has failed in the last seven consecutive Congresses and has never advanced out of its House or Senate committees.

REPORT: Gay Couples Will Not Be Included In Immigration Reform Bill

The director of Immigration Equality said today that she does not expect that gay couples will be in included in the immigration reform bill about to be introduced in the US Senate. Michael Lavers reports at Washington Blade:

“We are not expecting LGBT families to be included in the Gang of 8 bill,” she told the Washington Blade during a conference call ahead of a rally in support of comprehensive immigration reform on Wednesday that is expected to draw tens of thousands of people to the U.S. Capitol. “That in our minds means that of course the bill is incomplete.” Tiven’s comments come roughly three months after President Obama publicly unveiled an immigration reform proposal that includes bi-national gay couples.

Rep. Jerrold Nadler confirmed to the Blade  that "LGBT-specific language will likely not appear" in the bill. Nadler: "This is disappointing but not particularly surprising."

REPORT: 267K Undocumented Gays

According to a new report:

A new study estimates that there are approximately 267,000 LGBT-identified individuals among the adult undocumented immigrant population and an estimated 637,000 LGBT-identified individuals among the adult documented immigrant population. The report finds that approximately 71 percent of undocumented LGBT adults are Hispanic and 15 percent of undocumented LGBT adults are Asian or Pacific Islander.

“An estimated 900,000 adults in this country are LGBT immigrants, among whom more than 48,000 are in a same-sex couple in which one or both spouses or partners are not US citizens. Under current immigration policies, many of these couples, along with the 24,000 children they are raising, may face separation if same-sex spouses or partners are not able to sponsor each other for a work visa,” said study author Gary J. Gates, Williams Distinguished Scholar.

The report suggests that 3.1 percent of undocumented immigrant men identify as LGBT compared to 2 percent of comparable women. LGBT undocumented immigrants are younger than the broader undocumented population. Nearly half (49 percent) of LGBT undocumented immigrants are estimated to be under age 30 compared to 30 percent of all undocumented immigrants.

The report adds: "There are an estimated 113,300 foreign born individuals (naturalized citizens and non-citizens) who are part of a same-sex couple. An estimated 54,600 of these individuals are not US citizens."

President Obama To Include LGBT Couples In Immigration Reform Plan

Today President Obama will introduce his immigration reform plan and LGBT couples are expected to be included. However, gay immigration is not addressed in the Senate plan. Chris Geidner reports at Buzzfeed:

A Democratic source said: "Same-sex couples will be part of his proposal." A second source confirmed that, unlike the Senate framework released Monday, same-sex bi-national couples — those with one American and one foreign partner — will be included in the White House principles.

The decision by Obama seeks to remedy what advocates for same-sex couples view as one of the most searing inequalities under the existing federal limit on marriage to one man and one woman: LGBT American citizens simply have no way to confer citizenship on their romantic partners, something that is automatic — if not always simple — for straight couples.

Under current law, such same-sex couples, even when married under state law, are not eligible for the green cards that opposite-sex couples can receive. Foreign partners of same-sex couples have in the past found their green card applications denied — often forcing couples to separate or move abroad.

Sen. Chuck Schumer has reportedly promised to attempt to add LGBT immigration reform to the Senate plan "later in the process," possibly through committee amendments. Geidner notes that "there are no guarantees."

UPDATE: This morning Sen. John McCain said that including LGBT couples in the immigration reform bill is "not of paramount importance." Clip via Think Progress.

LGBT Groups Ask Obama To Hold Gay Deportations Until SCOTUS Ruling

A coalition of more than 50 LGBT and progressive groups has sent a letter to President Obama asking that he order a hold on the deportations of all gay-married foreign nationals until the Supreme Court issues its ruling on DOMA.

The groups urged the president to “hold in abeyance” cases currently under consideration by federal immigration authorities of United States citizens who are seeking permanent resident visas, known as green cards, for immigrants of the same sex they legally married. The Supreme Court ruling is expected in June. Under the federal Defense of Marriage Act, which Congress passed in 1996, a same-sex marriage cannot be a valid basis for federal benefits, including immigration documents. For an American who marries an immigrant of the opposite sex, obtaining a green card for the spouse is generally a routine and relatively fast procedure. But under the terms of DOMA, as the law is known, Americans cannot obtain green cards, based on their marriage, for foreign spouses of the same sex.

Homeland Security Issues Written Guidelines On Delaying LGBT Deportations

Immigration Equality is thrilled:

Immigration Equality today praised the Obama Administration, and specifically the Department of Homeland Security (DHS), for new, written guidance that will extend discretionary relief to lesbian, gay, bisexual and transgender (LGBT) immigrants with U.S. citizen spouses and partners. The new written directive, which was announced in response to a Congressional letter spearheaded by Minority Leader Nancy Pelosi (D-CA) and Congressman Jerrold Nadler (D-NY), marks one of the very first times LGBT families have been recognized within federal immigration policies. The guidelines, which are expected to be distributed soon to field offices across the country, will instruct officers and field agents to recognize LGBT families for purposes of relief as defined by a June 2011 memo from Immigration and Customs Enforcement Director John Morton.

Rep. Jerry Nadler reacts via press release:

“I am thrilled that the Obama Administration has taken to heart my concern about the need to explicitly protect LGBT immigrant families from being torn apart by needless and unwarranted immigration enforcement actions. I thank Secretary Napolitano for listening and supporting a policy that protects all American families, both straight and LGBT. With the written guidelines that I requested and which will be issued by ICE, federal immigration officials will finally have the clear direction they need to make responsible and compassionate decisions on family ties in immigration cases.”

UPDATE: The Washington Blade has posted Secretary Napolitano's letter to Nadler.

House Democrats Pressure White House Over LGBT Immigration Rights

Yesterday House Minority Leader Nancy Pelosi and a coalition of 81 House Democrats issued a call for the Obama administration to make it official policy that the foreign partners of LGBT Americans will not be deported. Chris Geidner reports:

Pelosi — along with Reps. Jerrold Nadler and Mike Honda, the lead sponsors of two bills aimed at addressing LGBT inequalities in the immigration system, and 81 other Democrats — called on Homeland Security Secretary Janet Napolitano to "issue a written field guidance or a memorandum to explicitly state the policy of your August 18, 2011 announcement which would direct DHS personnel to consider LGBT family ties as a positive factor for the exercise of prosecutorial discretion."

The House members — including out gay Reps. Barney Frank, Jared Polis and David Cicilline — go on to say that "[a] written policy is the best way to ensure that the decision by President Obama and DHS to recognize LGBT family ties for immigration purposes will be implemented so that families will remain together."

Calling the letter "a true show of congressional force," Immigration Equality spokesman Steve Ralls told BuzzFeed, "It is a simple action, but also one that will have a real impact on real people and families. We hope Secretary Napolitano will heed the advice of those who signed the letter, and take this important step toward protecting some of the most vulnerable individuals within the immigration system from deportation."

Sen. John Kerry Advocates On Behalf Of Married Lesbian Who May Be Deported

The Washington Blade reports that Sen. John Kerry is working to block the deportation of a Pakistani woman who married her wife in Massachusetts.

In a redacted letter dated March 27 and obtained Friday by the Washington Blade, Sen. John Kerry (D-Mass.) asks Secretary of Homeland Security Janet Napolitano to hold in abeyance the I-130 marriage-based green card petition for the couple until the Defense of Marriage Act is overturned either by Congress or the courts. “I know that you and I both believe that every family is worthy and recognition and respect, and that no family should be torn apart based on a discriminatory law,” Kerry writes. “Abeyance will allow this remarkable young couple to move forward with their dream of building a life together at home in Massachusetts.”

The American half of the couple notes: "It hurts, as an American, to think that my government causes me and my wife so much distress by allowing DOMA to do so much harm. It is not what I expected of President Obama; I expected more."

Matt Baume: DOMA Update

CNN On Gay Deportations

And the recent good news on that front.

Sodomites To The Front Of The Line

"The law is clear. This man would not be eligible to stay in the United States President Obama is pandering to his radical homosexual base for the 2012 election. What they're saying is because you practice sodomy, you get to jump to the head of the line in immigration. Are we going to let in anybody from a foreign country where there is a sodomy law or where they don't allow homosexual marriage? Are we going to be letting in all these homosexual activists from countries around the world that don't have liberal attitudes on homosexuality?" - Porno Pete LaBarbera, reacting to the suspension of deportation proceedings against a gay man legally married to a U.S. citizen.

Feds Drop Deportation Case For Gay Man

In what the New York Times says may be a precedent-setting decision, the federal government has dropped its deportation case against a gay Venezuelan legally married to an American man.

The announcement comes as immigration officials put into effect new, more flexible guidelines governing the deferral and cancellation of deportations, particularly for immigrants with no serious criminal records. Immigration lawyers and gay rights advocates said the decision represented a significant shift in policy and could open the door to the cancellation of deportations for other immigrants in same-sex marriages. “This action shows that the government has not only the power but the inclination to do the right thing when it comes to protecting certain vulnerable populations from deportation,” said the couple’s lawyer, Lavi Soloway. The case has been closely watched across the country by lawyers and advocates who viewed it as a test of the federal government’s position on the Defense of Marriage Act, a federal law that bars the federal government from recognizing same-sex marriages.

Binational Couples Tell Their Stories

Learn more here.

(Tipped by JMG reader Chris)

BREAKING: U.S. Immigration Puts Hold On All Binational Partner Deportations

Last week a New York immigration judge temporarily suspended the deportation of an Argentine lesbian while she and her wife contest her green card denial due to DOMA. Today U.S. Citizenship and Immigration Services revealed that ALL such deportations are now on hold. Chris Geidner gets the big scoop at Metro Weekly:

Following up on reports from this weekend, Metro Weekly just received confirmation from Christopher Bentley, the spokesman for the U.S. Citizenship and Immigration Services, that cases of foreign partners who are married to a same-sex partner and would otherwise be eligible for a green card are on hold in light of questions about the continued validity of the Defense of Marriage Act. Bentley writes, "USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues." He notes, however, "USCIS has not implemented any change in policy and intends to follow the President's directive to continue enforcing the law." The legal distinction means that although DOMA is still being enforced, the USCIS is using its discretion to hold off on denying green card applications where applicable.

An amazing development, largely thanks to the work of Immigration Equality and attorney Lavi Soloway, who was interviewed in today's episode of This Week In Prop 8.

NEW YORK: Binational Lesbian Couple Allowed To Pursue Marriage Claim

In what Gay City News describes as the first decision of its kind, a Manhattan immigration judge has suspended the deportation of an Argentine lesbian because she and her partner are legally married in Connecticut. Paul Schindler reports:

Monica Alcota, 35, who came to the US a decade ago, married her partner of nearly three years, 25-year-old Cristina Ojeda, last August in Connecticut. The couple’s attorneys, Lavi Soloway and Noemi Masliah, argue that their clients’ marital status should qualify Alcota for permanent residency, as would be the case with any different-sex couple. A 2010 US court ruling striking down the Defense of Marriage Act’s denial of federal recognition for legal same-sex marriages, they say –– coupled with the Justice Department’s recent decision that it could not and would not defend DOMA’s constitutionality on that point –– opens up the real possibility that Alcota and Ojeda may be accorded recognition. In a March 22 hearing in the US courthouse at 26 Federal Plaza in Lower Manhattan, Immigration Judge Terry A. Bain gave the couple the go-ahead to press their claim with the U.S. Citizenship and Immigration Services (USCIS) –– a unit of the Department of Homeland Security –– through what is known as Form I-130, a petition to have Alcota recognized as “the spouse of USC.” For now, the couple’s case has been adjourned until December, a decision supported by the government's attorney.

Attorney Lavi Soloway: "It is almost impossible to overstate the significance of what happened in there. An adjournment based on an I-130. It would never have happened a year ago. I don’t think I even would have filed it."

[Photo credit: Gay City News]