Immigration Equality
Encyclopedia
Immigration Equality is an American advocacy organization working for equal rights
for lesbian
, gay
, bisexual, transgender
, (LGBT
) and HIV-positive individuals under the policies of the U.S. Citizenship and Immigration Services (formerly the U.S. Immigration and Naturalization Service
). Founded in 1994 as the Lesbian and Gay Immigration Rights Task Force, the group is headquartered in New York with chapters in thirteen other U.S. cities. Immigration Equality is the only national LGBT immigration organization in the United States and according to Andrew Sullivan
they do "the lion's share of work in advocating for equal treatment for gay spouses and HIV-positive immigrants." The group led the effort to change the HIV travel and immigration ban, a cause championed by
Senator John Kerry
(D-MA) in the Senate, and signed into law by then U.S. President George Bush. It is unclear whether applicants will still have to declare their HIV status. In August 2007, Congressperson Barbara Lee
of California introduced House Resolution 3337, the HIV Nondiscrimination in Travel and Immigration Act of 2007. This bill would have allow travelers and immigrants entry to the U.S. without disclosing their HIV status, it failed to become law.
Immigration Equality has been the principal advocate for the Uniting American Families Act
(UAFA, ) that would "amend the Immigration and Nationality Act by adding the term permanent partner next to spouse" thus same-sex couples would be subject to the same standards of proof as their heterosexual counterparts. There are currently 115 cosponsors of this bill in the United States House of Representatives and 20 cosponsors in the United States Senate.
, transgender identity, or HIV status-based right of asylum
applications, or other immigration applications where the client’s LGBT or HIV-positive identity is at issue in the case. In 2008 The group won over fifty political asylum cases in 2008 where the potential deportee feared persecution if returned to their home.
, Immigration Equality released their report - "Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under United States Law," which was based on research conducted from 2003-2006 to "emphasize and spotlight the plight of same-sex binational couples". The report details about couples who hide the fact they are in a same-sex relationship in the 2000 U.S. Census because they fear homophobia
in the immigration process, as well as couples who avoid the census altogether because their foreign partners may live here illegally. The report also cites couples who are affected by U.S. immigration policies that overlook same-sex binational couples completely and outlines facts about the U.S.’s current visa and immigration system explaining how LGBT people either fit into the system or do not.
According to Immigration Equality there are roughly 36,000 bi-national same-sex couples unable to "secure green cards for their partners like heterosexual spouses can." The census recorded 594,391 same-sex couples, six percent composed of one citizen and one non-citizen. The 2000 Census figures are also likely lower as same-sex couples will only officially be counted in the 2010 Census and same-sex marriages only became legal in since the early 1990s in some European countries and legal in Massachusetts in 2004. The group also believes some couples did not report themselves because of fears about their immigration status. According to an 2004 Urban Institute analysis conducted for Immigration Equality researchers believe that figure could be undercounted by anywhere from 10% to 50%. The 1996 Defense of Marriage Act
prevents immigration officials from recognizing gay marriages, even from states where they are now legal.
(UAFA, ). They have worked to introduce the legislation, educated Congress members about the need for passage and documented Americans and their families affected by the issue. Immigration Equality has been lobbying for the act since 2000 which would allow "same-sex 'permanent partners' to present documents – joint tax filings, property records, bank accounts – to prove their relationship and petition for a green card" the same as heterosexual couples are able to do. The group placed a warning notice regarding same-sex marriage on the group's website as getting married might actually be more problematic for bi-national same-sex couples. John Nechman, co-chair of Immigration Equality explained "|[M]any of the problems related to legal civil-unions have to do with “intent” under the law. “If they go and marry, when that person goes to apply for an adjustment of status or a new F1 visa, there is going to be a question as to whether he is married. And if he puts down no, he has just committed fraud. If he puts down yes, they’re going to want to know info about the spouse; and if he’s applying for a new F1, that means temporary intent. By putting down a U.S. spouse, that means that you’re intending to stay." In July 2007 executive director Rachel B. Tiven was interviewed on Fox News' political talkshow The O'Reilly Factor
about the legislation.
, Immigration Equality drafted Immigration Law and the Transgender Client, a manual published by the American Immigration Lawyers Association
, the first LGBT publication that the latter organization has issued.
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
for lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
, gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
, bisexual, transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
, (LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
) and HIV-positive individuals under the policies of the U.S. Citizenship and Immigration Services (formerly the U.S. Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...
). Founded in 1994 as the Lesbian and Gay Immigration Rights Task Force, the group is headquartered in New York with chapters in thirteen other U.S. cities. Immigration Equality is the only national LGBT immigration organization in the United States and according to Andrew Sullivan
Andrew Sullivan
Andrew Michael Sullivan is an English author, editor, political commentator and blogger. He describes himself as a political conservative. He has focused on American political life....
they do "the lion's share of work in advocating for equal treatment for gay spouses and HIV-positive immigrants." The group led the effort to change the HIV travel and immigration ban, a cause championed by
Senator John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
(D-MA) in the Senate, and signed into law by then U.S. President George Bush. It is unclear whether applicants will still have to declare their HIV status. In August 2007, Congressperson Barbara Lee
Barbara Lee
Barbara Jean Lee is the U.S. Representative for , serving since 1998. She is a member of the Democratic Party. She is the first woman to represent that district. Lee was the Chair of the Congressional Black Caucus and was the Co-Chair of the Congressional Progressive Caucus...
of California introduced House Resolution 3337, the HIV Nondiscrimination in Travel and Immigration Act of 2007. This bill would have allow travelers and immigrants entry to the U.S. without disclosing their HIV status, it failed to become law.
Immigration Equality has been the principal advocate for the Uniting American Families Act
Uniting American Families Act
The Uniting American Families Act is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner...
(UAFA, ) that would "amend the Immigration and Nationality Act by adding the term permanent partner next to spouse" thus same-sex couples would be subject to the same standards of proof as their heterosexual counterparts. There are currently 115 cosponsors of this bill in the United States House of Representatives and 20 cosponsors in the United States Senate.
Services
Immigration Equality maintains a list of LGBT/HIV-friendly private immigration attorneys to provide legal representation for those who contact them. They also provide technical assistance to attorneys who are working on sexual orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, transgender identity, or HIV status-based right of asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
applications, or other immigration applications where the client’s LGBT or HIV-positive identity is at issue in the case. In 2008 The group won over fifty political asylum cases in 2008 where the potential deportee feared persecution if returned to their home.
"Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under United States Law"
In May 2006, in conjunction with the Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, Immigration Equality released their report - "Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under United States Law," which was based on research conducted from 2003-2006 to "emphasize and spotlight the plight of same-sex binational couples". The report details about couples who hide the fact they are in a same-sex relationship in the 2000 U.S. Census because they fear homophobia
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
in the immigration process, as well as couples who avoid the census altogether because their foreign partners may live here illegally. The report also cites couples who are affected by U.S. immigration policies that overlook same-sex binational couples completely and outlines facts about the U.S.’s current visa and immigration system explaining how LGBT people either fit into the system or do not.
According to Immigration Equality there are roughly 36,000 bi-national same-sex couples unable to "secure green cards for their partners like heterosexual spouses can." The census recorded 594,391 same-sex couples, six percent composed of one citizen and one non-citizen. The 2000 Census figures are also likely lower as same-sex couples will only officially be counted in the 2010 Census and same-sex marriages only became legal in since the early 1990s in some European countries and legal in Massachusetts in 2004. The group also believes some couples did not report themselves because of fears about their immigration status. According to an 2004 Urban Institute analysis conducted for Immigration Equality researchers believe that figure could be undercounted by anywhere from 10% to 50%. The 1996 Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
prevents immigration officials from recognizing gay marriages, even from states where they are now legal.
Uniting American Families Act
Immigration Equality has been the principal advocate for the Uniting American Families ActUniting American Families Act
The Uniting American Families Act is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner...
(UAFA, ). They have worked to introduce the legislation, educated Congress members about the need for passage and documented Americans and their families affected by the issue. Immigration Equality has been lobbying for the act since 2000 which would allow "same-sex 'permanent partners' to present documents – joint tax filings, property records, bank accounts – to prove their relationship and petition for a green card" the same as heterosexual couples are able to do. The group placed a warning notice regarding same-sex marriage on the group's website as getting married might actually be more problematic for bi-national same-sex couples. John Nechman, co-chair of Immigration Equality explained "|[M]any of the problems related to legal civil-unions have to do with “intent” under the law. “If they go and marry, when that person goes to apply for an adjustment of status or a new F1 visa, there is going to be a question as to whether he is married. And if he puts down no, he has just committed fraud. If he puts down yes, they’re going to want to know info about the spouse; and if he’s applying for a new F1, that means temporary intent. By putting down a U.S. spouse, that means that you’re intending to stay." In July 2007 executive director Rachel B. Tiven was interviewed on Fox News' political talkshow The O'Reilly Factor
The O'Reilly Factor
The O'Reilly Factor, originally titled The O'Reilly Report from 1996 to 1998 and often called The Factor, is an American talk show on the Fox News Channel hosted by commentator Bill O'Reilly, who often discusses current controversial political issues with guests.The program was the most watched...
about the legislation.
Immigration Law and the Transgender Client
In 2008, in conjunction with the Transgender Law CenterTransgender Law Center
The Transgender Law Center is a San Francisco-based civil rights organization advocating for transgender communities. They are California's first "fully staffed, state-wide transgender legal organization" and were initially a fiscally sponsored project of the National Center for Lesbian Rights...
, Immigration Equality drafted Immigration Law and the Transgender Client, a manual published by the American Immigration Lawyers Association
American Immigration Lawyers Association
- About AILA :The American Immigration Lawyers Association is the United States' immigration bar association. AILA is a non-profit organization that consists of lawyers and law professors that are dedicated to the practice and teaching of immigration law. Its member attorneys represent U.S....
, the first LGBT publication that the latter organization has issued.