Thread: Immigration Bill Could Destroy Binational Gay Couples

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Immigration Bill Could Destroy Binational Gay Couples
by 365Gay.com Newscenter Staff

Posted: December 19, 2005 8:00 pm ET


(Washington) LGBT civil rights groups are calling on the Senate to reject portions of legislation aimed at protecting America's borders but as written could have a severe impact on binational same-sex couples.

The "Border Protection, Antiterrorism, and Illegal Immigration Control Act" is awaiting Senate action. It cleared the House last Friday.

Immigration policies already prohibit gay, lesbian and bisexual citizens from sponsoring their foreign national partners for immigration benefits

Currently, a foreign national in a relationship with an American citizen is forced to live out of status and is committing a civil violation, not a criminal offense.

But the Immigration Control Act would criminalize anyone in the U.S. without documentation, including lesbians and gay men with no other way to keep their families together.

Because the bill dramatically expands the definition of "harboring," U.S. citizens living with undocumented partners could be criminally prosecuted and imprisoned, and have their homes and assets seized.

"Our nation should unify families, not tear them apart. Instead of moving in that direction, Congress has increased the barriers to allowing loving families to stay together," said Human Rights Campaign President Joe Solmonese.

"This bill threatens the rights of lesbian, gay, bisexual, transgender, and HIV-positive immigrants and asylum-seekers and the American citizens who love and care for them."

The bill also would jeopardize the safety of LGBT asylum-seekers fleeing persecution.

The bill makes many people ineligible for asylum, and eliminates almost all rights to federal judicial review of viable asylum claims.

These policy changes are particularly dangerous for LGBT/H asylum-seekers who often do not know when they first arrive that HIV status, sexual orientation and gender identity persecution are grounds for asylum Solmonese said.

"This bill cloaks a virulent anti-immigrant bias in the guise of sham 'security' measures," said Rachel B. Tiven, Executive Director of Immigration Equality, the only national LGBT immigrant rights organization.

"It will not make America safer," she added.

Congressman Jerrold Nadler (D-N.Y.) , the lead sponsor of the Uniting American Families Act, legislation that would keep lesbian and gay families together, also has sent up warning signals about the Immigration Control Act.

"This latest anti-immigrant legislation poses an especially grave threat to LGBT immigrants. Whereas heterosexuals in binational relationships will be able to shelter their foreign partners by sponsoring them for legal status, LGBT partners will be powerless to stop the government from destroying their committed relationships. This is fundamentally cruel and unjust."

I kept getting reminded of Aguidar Spartacus from "The Birdcage" when I read this.

Immigration Bill Could Destroy Binational Gay Couples

And I care because? Oh wait, that's right, I don't care.

Build that damn wall Jorge!