An immigration-reform bill was introduced in the U. S. Senate last week that, among other stipulations, would make it possible for LGBT citizens to sponsor same-sex partners.
U.S. Sen. Robert Menendez (D-N.J.) introduced the Comprehensive Immigration Reform Act on Sept. 30, which includes the language of the Uniting American Families Act.
Current immigration laws allow Americans to sponsor spouses living in other countries for citizenship, although the federal Defense of Marriage Act, which prevents federal recognition of same-sex marriage, limits the definition of “spouse” to an opposite-sex partner.
UAFA, however, would change the language of the Immigration and Nationality Act to allow for recognition of a gender-neutral “permanent partner.”
Immigration Equality, which works for equal immigration rights for LGBTs, estimates that about 36,000 LGBT Americans are in binational relationships.
Standalone versions of UAFA were introduced by Sen. Patrick Leahy (D-Vt.) and Rep. Jerrold Nadler (D-N.Y.) in their respective Congressional chambers last year. Both measures are stalled in committee.
Leahy is the only cosponsor currently signed on to Menendez’s bill, which was sent to the Judiciary Committee.
National Gay and Lesbian Task Force executive director Rea Carey said UAFA and the entire bill provide an opportunity to “reform our nation’s cruel and broken immigration system.”
“The Uniting American Families Act is consistent with U.S. immigration law’s existing policy of keeping families intact,” Carey said. “These couples and their families have been kept separated or forced to live abroad. It’s unconscionable to ask any American to choose between family and country.”
Immigration Equality executive director Rachel Tiven agreed that “this legislation will finally end the obstacles so many families — both gay and straight — struggle with every day.”
Menendez said in a statement last week that his bill offers practical solutions to the problems plaguing the country’s immigration system.
“[Americans] don’t want partisan bickering and demonizing, they want a commonsense solution that addresses the realities of the situation, stops the flow across our borders and protects our economy,” Menendez said. “If we can put political grandstanding aside and work together on a comprehensive, middle-of-the-road bill like this one, we can bring all sides to the table. We can finally take action on a problem that has generated a lot of talk over the past decade but few results.”
Leahy noted in a statement that although the bill may not see a vote this session, it’s an “important starting point for this debate” and could have a wide-ranging impact if it proceeds.
“It protects the rights and opportunities of American workers, while ensuring that American farmers and employers have the help they need. It promotes jobs to help spur our economy, it supports families, it helps to bring undocumented workers out of the shadows and it enhances our border security. These are goals we can all share.”
A form of UAFA has been introduced in Congress every legislative session since 2000 but has never seen a vote.
In order to qualify as a “permanent partner” under the bill, individuals must both be over 18 and must be in a committed, intimate and financially interdependent relationship. The couples cannot be blood relatives or married or partnered with anyone else.
Jen Colletta can be reached at [email protected].