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Immigration Equality | Uniting American Families Act
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Patrick Leahy D-VT, one of the co-sponsors of UAFA bill
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The Uniting American Families Act is a US bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.
The UAFA defines Permanent Partner and Permanent Partnership as follows: The term "permanent partner" means an individual 18 years of age or older who
-is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;
-is financially interdependent with that other individual;
-is not married to or in a permanent partnership with anyone other than that other individual;
-is unable to contract with that other individual a marriage cognizable under this Act; and
-is not a first, second, or third degree blood relation of that other individual.
An estimated 36,000 couples face separation due to inequity in the current immigration law, according to advocacy group Immigration Equality.
The Senate Judiciary Committee, led by Chairman Sen. Patrick Leahy, (D-VT), held a hearing on the bill for the first time Wednesday, after 10 previous attempts. The bill has 102 co-sponsors in the House and 17 co-sponsors in the Senate.
Proponents argue that the UAFA would help unite and protect bi-national same-sex couples, while opponents contended that the legislation amounted to the redefinition of marriage and could lead to immigration fraud.
Leahy advocated for passing the legislation, saying “there is no place for discrimination in our federal law.”
“Under current immigration law, many citizens have been forced to choose between their country and their loved ones,” he said. “No American should face such a choice.”
Sen. Jeff Sessions (R-AL), the ranking member of the committee and the only GOP senator to attend the hearing, said he couldn’t support the bill and contended that its passage would amount to a federal recognition of same-sex marriage.
“I would just say, that of course, individuals can carry themselves out publicly as a partnership as they desire,” he said. “The question is do you get the same legal benefits that you might get in certain circumstances such as the immigration benefit of bringing your spouse to the country.”
Tony Perkins, president of the Family Research Council which opposes same sex marriage, has condemned the bill as "yet another attack on marriage at the expense of U.S. taxpayers.
On Thursday, Rep. Michael Honda (D- CA) held a press conference in Washington, D.C., announcing the introduction this week of the Reuniting Families Act, a comprehensive immigration package that includes allowing gay Americans to sponsor their partners for residency. The bill’s Senate companion, introduced in the Senate Wednesday by Sen. Robert Menendez (D-NJ), excludes the provision to end discrimination against same-sex partners.
This legislation would reform the family-based immigration system and speed up the process for family members of legal immigrants to secure visas. Specifically, it would reclassify spouses and children of legal immigrants as immediate relatives, raise the per-country family-sponsored and employment-based immigration limits from 7 percent to 10 percent of total admissions, recapture visas that went unused in previous years due to bureaucratic errors, allow widows and spouses to remain eligible for visas after the death of a sponsoring family member, and more. The RFA is the first time that issues of bi-national same-sex couples has been included in comprehensive immigration legislation. If RFA is passed, it would address UAFA's concerns.
Bishop John Wester of Salt Lake City, chairman of the U.S. Conference of Catholic Bishops’ Committee on Migration, wrote letters to both Honda and Menendez expressing his opposition to the Uniting American Families Act. Wester wrote to Honda, “Including UAFA in the Reuniting Families Act would erode the institution of marriage and family by according marriage-like immigration benefits to same-sex relationships, a position that is contrary to the very nature of marriage, which predates the church and the state.” His letter to Menendez indicated that the Senate version had his full support because it excluded UAFA.
Though opponents of the measures say UAFA and RFA violate the Defense of Marriage Act of 1996 by providing immigration benefits to gay couples, there is no mention of the word marriage in the bill. The issues are related in that both are based on denying equal rights and protection under the law to homosexuals. However, the attack on gay rights is being waged on several fronts. Individuals are being isolated, based on sexual orientation, from the larger society for the purpose of implementing discriminatory laws and public policy.
Though opponents of gay rights seem perplexed as to why gay activists feel compelled to make a lot of noise over these issues, remaining silent assures continued discrimination in the future. Homophobia is an issue that must be addressed when it is the impetus behind discriminatory legal precedent. These 'issues' are impeding careers, tearing families apart and interfering in the personal relationships of a large number of people. I have fallen in love with someone from foreign shores more than once. The immigration issue has been a ‘deal breaker’ on more than one occasion. Australia, Canada, Germany, France, Israel and the UK have amended their immigration law to include same sex couples. It is time for the US to do the same.
- Email your Representative www.house.gov
- Email your Senators. www.senate.gov
It is time to right this wrong and protect all American families. Please get involved and thank you for your support. I’ve included a sample below.
Dear Senator/Congressman/woman ______
I encourage you to support the Uniting American Families Act (HR 1024/S 424). This act would bring an end to discrimination currently tearing American families apart. Australia, Canada, Germany, France, Israel and the United Kingdom have amended their laws. As your constituent I support equal immigration rights for permanent, committed bi-national couples, where one partner is an American citizen or permanent resident, regardless of whether that couple is homosexual or heterosexual.
Sincerely, _______
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