Nadler & Co. Continue Fight for Immigration Equality

For years, Representative Jerry Nadler (D-NY) has been pursuing an issue that's personally very important to me: Immigration equality for same-sex couples.

The fight for immigration equality continues this week as Nadler and some of his fellow House Dems penned twin letters to the Departments of Homeland Security and Justice, seeking assurances "that new immigration policy will enable foreign nationals to stay in the United States if they're in same-sex relationships with American citizens."
"The recognition of LGBT family ties as a positive factor is a critical step forward in identifying key family and community ties to implement common-sense immigration enforcement," the letter states. "We ask that you ensure that this recognition is reflected in the work of DHS and DOJ employees and the newly-established working group in implementing your priorities for immigration enforcement."

The letter is signed by Rep. Jerrold Nadler (D-N.Y.), sponsor of the legislation known as the Uniting American Families, which would allow gay Americans to sponsor their foreign partners for residency in the United States. House Minority Leader Nancy Pelosi (D-Calif.) and 68 other Democrats — including gay Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) — make up the additional signatories of the letter.

Under current immigration code, gay Americans can't sponsor the foreign partners for residency in the United States because same-sex marriage isn't legal in many places in the country and because the Defense of Marriage Act prohibits federal recognition of these unions. Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the United States or face deportation.

In a June 17 memo, U.S. Immigration & Customs Enforcement allows immigration officials to exercise prosecutorial discretion in cases they deem low priority for deportation, although this memo offers no explicit guidance on foreign nationals in same-sex relationships.

On Aug. 18, the Obama administration unveiled new policy based on this memo saying it would examine foreign nationals facing deportation on a case-by-case basis and take those who are low priority out of the pipeline.

Officials are set to weigh a person's ties and contributions to the community and family relationships as reasons to take potential deportee out of consideration. Administration officials have stated that being in a same-sex relationship will be considered in the context of community contributions and family relationships.

However, lawmakers in the letter seek additional assurances that bi-national same-sex couples won't be left out as part of this consideration.
Codifying this immigration reform is not only a long overdue basic social justice issue, but it is a crucial component of authentic and meaningful marriage equality.

teaspoon icon Contact your representative here and ask them to support the Uniting American Families Act.

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