As the immigration debate continues to boil, one group is always overlooked. While many undocumented immigrants can find some refuge in marriage, gay immigrants retain the short end of the stick.
There are as many as 11 million undocumented immigrants in the US. According to the 2000 US Census, 36,000 of those are in a committed, long-term, same-sex relationships with American citizens and would be eligible to be sponsored by their partners.
However, under current law they are unable to do so. Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, Washington, D.C. and New York allow gay marriage. More states allow civil unions. Gay bi-national couples cannot receive federal benefits because of the Defense of Marriage Act (DOMA).
DOMA is an amendment that defines marriage as a union between a man and a woman. Couples living in states that allow gay marriage or civil unions would only be able to apply for state benefits, not federal benefits.
Immigration laws in the US are in desperate need of an update. We need only look to our neighbors to see it clearly.
In 2009, Mexico City legalized same-sex marriage, and later the Mexican Supreme Court ruled that while not every state had to grant same-sex marriage, they must recognize those performed where they are legal.
In Canada, same-sex marriage has been legal since 2004.
Both countries allow their gay citizens the right to sponsor their partners.
The 36,000 couples belong to families that could be ripped apart by the system currently in place.
One shining beacon of hope for gay Americans and their partners is the Uniting American Families Act (UAFA) introduced in Congress on April 14, 2011, by Sen. Patrick Leahy (D-VT) and in the House by Rep. Jerry Nadler (D-NY).
This bill would amend the Immigration and Nationality Act to include a “permanent partner.”
The bill defines a “permanent partner” as an individual 18 or older who “is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; is financially interdependent with the other individual; is not married to, or in a permanent partnership with, anyone other than the individual; is unable to contract with the other individual a marriage cognizable under this Act; and is not a first, second, or third degree blood relation of the other individual.”
There are as many as 16 countries that have enacted amendments of similar language.
Another possible solution for this problem would be the Respect for Marriage Act, introduced by Sen. Dianne Feinstein (D-CA). This act would repeal DOMA, and while it doesn’t legalize same-sex marriage, it would, in essence, grant federal benefits to couples that married in states that allow it.
The current system has left many bi-national couples in the US questioning if they will ever see justice.
The former mayor of San Angelo, J.W. Lown, is one-half of one of these couples.
In 2009, Lown resigned from his position because he fell in love with an undocumented immigrant. Lown chose to live in exile in Mexico rather than remain mayor of San Angelo where he had been re-elected mayor three times.
The sad truth is that many Americans are forced to choose between the country they know as home and the person they love. Let us hope this trend does not continue for much longer.
Alejandro Caballero is a creative writing junior and may be reached at [email protected].
Great piece, Alejandro. Thank you. 🙂
An issue far too often ignored! Great piece!
DOMA needs to go. I am at the end of my rope. All I want to do is marry my partner and sponsor him so we can lives our lives together. Why is that such an issue? Why do I have to choose between the man I love and the country I love?
It is about time people have a heart in the right place and change this sad reality. Thirty six thousand is a number too large to be ignored.
Ultimately it's not going to matter which states write discrimination against law-abiding, taxpaying Gay couples into their constitutions, nor will it matter which states grant marriage equality to those same couples, because it is the FEDERAL government that bestows most of the legal benefits, protections, and responsibilities that married couples receive. This is an issue that the Supreme Court of the United States will eventually have to tackle, and I'm confident that they will decide that there is no Constitutional justification for denying Gay couples the same legal benefits that Straight couples have always taken for granted.
Thank you for writing this piece, but there is one inaccuracy: "There are as many as 11 million undocumented immigrants in the US. According to the 2000 US Census, 36,000 of those are in a committed, long-term, same-sex relationships with American citizens and would be eligible to be sponsored by their partners." — these 36,000 people are most likely here legally — either on work or student visas, or maybe even waiting for a green card. Their US partner actually felt safe enough to document this info on the census. In reality, there are probably many more than 36,000 undocumented people in same-sex relationships who would not report this to the census (or anyone else). And, also never counted are the thousands (or more) Americans forced into exile each year to live with their foreign partner in a country that recognizes their relationships for immigration purposes. US law must change to keep step with the times. It's that simple. It's time to repeal DOMA.
Thank you for writing this piece, but there is one inaccuracy: "There are as many as 11 million undocumented immigrants in the US. According to the 2000 US Census, 36,000 of those are in a committed, long-term, same-sex relationships with American citizens and would be eligible to be sponsored by their partners." — these 36,000 people are most likely here legally — either on work or student visas, or maybe even waiting for a green card. Their US partner actually felt safe enough to document this info on the census. In reality, there are probably many more than 36,000 undocumented people in same-sex relationships who would not report this to the census (or anyone else). And, also never counted are the thousands (or more) Americans forced into exile each year to live with their foreign partner in a country that recognizes their relationships for immigration purposes. US law must change to keep step with the times. It's that simple. It's time to repeal DOMA.
The leaders in this fight are no less than the Rosa Parks of our day – refusing to accept discrimination despite the fact that the government deems this discrimination to be legal. If we look today at how we treated different race couples in the past – we can learn a lot about this issue and its resolution.
im in the same situation for 3 years now. its really hard but we really do our best to save our relationship.we have different time zone coz shes from the Philippines.its 12 hours difference.and i can't just leave anytime i want because my child is studying and im work here.
I really don't understand why some people can't understand the situation that we are going thru. why it is very hard for them to accept that some people are gay and give us equal rights . why do they enjoy seeing people suffering this much. how could they sleep at night and eat on their dinner table with their children while some people are suffering and some family are separated because of their selfishness and bigotry. im praying and hoping that they would try to understand us and find it in their heart to give us equal right. I hope they will realize that God made us equal -shane-