Gay Couples Forced to Flee US Over Immigration Law

An estimated 36,000 Americans face a choice — separate or move abroad — because they can’t secure green cards for their partners like heterosexual spouses can., said U.S. Rep. Jerrold Nadler, D-NY, citing information from the advocacy group Immigration Equality.

Bills have been introduced in Congress to treat same-sex partners like heterosexual spouses for the purposes of immigration but are likely to face a strong fight, both from gay marriage opponents and anti-immigration groups. The 1996 Defense of Marriage Act prevents immigration officials from recognizing gay marriages, even from states where they are now legal.

Proponents see the issue as a basic rights question, and Steve Ralls, a spokesman for Immigration Equality, said he believes the best chance for the legislation is as part of a larger immigration bill.

But other immigration advocates want to keep the issues separate, fearful of bogging down an already tough fight. Kevin Appleby, migration policy director for U.S. Conference of Catholic Bishops, said the push for same-sex partners in immigration is about getting recognition in federal law for gay marriage — which he opposes.

”It’s an unholy marriage of the immigration debate and the same-sex marriage debate,” he said. ”It’s very combustible.”

Lown’s decision last month brought the issue to an unlikely place, a town of 90,000 where ranchers and roughnecks from the vast open lands come to do their banking and send their kids to the regional state college. The town’s only other recent brush with national fame came last year when it housed the hundreds of children taken from a polygamist sect’s ranch in nearby Eldorado.

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Gay Filipino professor wins political asylum after revealing a 30-year secret of sexual abuse

After his visitor’s visa expired in 2006, Philip Belarmino, an English professor from the Philippines, consulted a San Francisco attorney. He wanted to see if he could stay longer to be with his parents and sister who are permanent residents in the Bay Area.

That bureaucratic immigration path led instead to revelation of a stunning personal secret, recounted during an emotional testimony in an immigration courtroom in San Francisco last month: When he was 9, 11 and 16, Belarmino said he was repeatedly sexually assaulted by other boys.

Recounting the abuse, said the 43-year Bay Area resident, was “like forever. It was like re-entering a harrowing, hellish experience.”

He feared a forced return to the Philippines, “of being hurled back in the world of cruelty.”

That wrenching testimony convinced Judge Loreto Geisse to grant Belarmino political asylum in the United States, ending for now the government’s effort to deport him. The Department of Justice, which has until June 22 to appeal, could not be reached for comment Monday.

Political asylum in the United States for gays and lesbians who fear persecution if returned to their home countries is not new and no one knows how many such cases are granted each year. Immigration Equality, a New York City group that advocates for gay and lesbian immigrant rights, won 55 similar cases last year.

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Senate to convene first-ever hearing on gay immigration equality

(Washington, DC) On Wednesday morning, the Senate Judiciary Committee will hold the first-ever Congressional hearing on obstacles faced by lesbian and gay couples under U.S. immigration law.

Senator Patrick Leahy (D-VT), chairman of the committee, has scheduled a 10 a.m. hearing on the Uniting American Families Act (UAFA). The bill, sponsored …

On Valentine’s Day, Binational Gay and Lesbian Couples Struggle to Stay Together

WASHINGTON, D.C. – Immigration Equality, the national group aimed at ending anti-LGBT discrimination in immigration law, and the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, lauded today’s introduction of the Uniting American Families Act. The bill, sponsored by Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT), will provide lesbian and gay Americans the same opportunity as different-sex couples to sponsor their partner for immigration purposes. During a media conference call, Rep. Nadler joined Immigration Equality Executive Director Rachel B. Tiven, HRC President Joe Solmonese, and Mexican American Legal Defense and Educational Fund Legislative Staff Attorney John Amaya to discuss the importance of this legislation, along with two binational couples who face the prospect of being forcibly separated under existing immigration laws.

“It should be an outrage to all Americans that our government continues to deny one set of citizens the fundamental rights enjoyed by the rest of its citizens,” said Rep. Nadler. “It is time that we as a society finally acknowledge that a committed, loving family is a committed, loving family, no matter whether a couple is gay or straight. It makes no difference. We should be encouraging and rewarding stable families rather than sweeping them into the margins. We must now pass UAFA, the Uniting American Families Act, and grant gay and lesbian binational families the same legal protections—and the same human dignity—as other Americans.”

“Like many people across the country, there are Vermonters whose partners are foreign nationals and who feel abandoned by our laws in this area. The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones. I hope all Senators will join me in supporting equality for all Americans and their loved ones,” said Sen. Leahy.

Under U.S. immigration law, U.S. citizens and legal permanent residents may sponsor their spouses for immigration purposes. But gay and lesbian Americans are not afforded this basic right. Consequently, many binational gay and lesbian couples are kept or torn apart. The Uniting American Families Act would allow U.S. citizens and permanent residents to sponsor their same-sex partners for family-based immigration by meeting the same standard as different-sex couples. The bill would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines.

“This Valentine’s Day, thousands of gay and lesbian Americans who have fallen in love across borders must grapple with an impossible choice between being with the person they love and staying in their country,” said Immigration Equality Executive Director Rachel B. Tiven. “These couples simply want the same opportunity to prove that their families deserve to stay together.”

“For far too long, our elected officials have ignored the devastating real-life consequences that current immigration policies have had on thousands of gay and lesbian couples in loving, committed relationships,” said Human Rights Campaign President Joe Solmonese. “We thank Representative Nadler and Senator Leahy for their leadership to ensure that these couples are treated equally under the law. We commend Immigration Equality for their continued leadership in fighting this unjust policy.”

This inequality affects more than 36,000 gay and lesbian Americans, according to the 2000 Census and research commissioned by Immigration Equality and conducted by Gary Gates of the Williams Institute at the University of California, Los Angeles.

Audio of the call held today can be accessed at http://www.immigrationequality.org/blog/ and http://www.hrcbackstory.org.

Immigration Equality is the only national organization devoted to fighting for equal treatment under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families and to winning asylum for LGBT and HIV-positive people fleeing persecution.

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.