Queers and Immigration

[Sparkle]

Worrisome.

http://www.huffingtonpost.com/2013/0...n_3313141.html

[Sparkle]

The provision same-sex couples has definitely be thrown out of the bill. It makes me very sad. And it means that even more is riding on DOMA being overturned by SCOTUS; and (hoping for the best outcome) when that happens it still means a very long wait for those couples who are currently suffering, most of whom have waited a very long time already. DOMA being overturned won't magically create new laws, it only opens the door for their creation.

I'm saddened and sickened that YET AGAIN our community is a pawn in the political machinations, and an easily disposable one at that.

http://www.huffingtonpost.com/2013/0...n_3315674.html

[thedivahrrrself]

Originally Posted by Sparkle

The provision same-sex couples has definitely be thrown out of the bill. It makes me very sad. And it means that even more is riding on DOMA being overturned by SCOTUS; and (hoping for the best outcome) when that happens it still means a very long wait for those couples who are currently suffering, most of whom have waited a very long time already. DOMA being overturned won't magically create new laws, it only opens the door for their creation.

I'm saddened and sickened that YET AGAIN our community is a pawn in the political machinations, and an easily disposable one at that.

http://www.huffingtonpost.com/2013/0...n_3315674.html

I am so disappointed with this bill. It feels like the health care bill all over again where most of the good stuff gets sold out early on.

I think most importantly, restoring due process to our deportation system and allowing a judge to review cases should not have been controversial.

Secondly queers were thrown out, which is stupid and a loss because the current policy of the State department was to treat partners as family in at least deportation cases, though not for initial immigration.

Brothers and sisters are no longer family in the eyes of Congress either.

The number of highly skilled visas was not addressed. We have 30 engineering job openings for every one American engineer, but we constantly send a flood of engineers home after their student visas expire.

I could gripe all day about this thing. The one positive thing I can say is that Democrats typically do incremental policy, so I hope this is something we will see evolve more in the near future.

And I am glad the kids get to go to college. It used to be so heartbreaking to tell young people they weren't eligible for an education here. I hope many lives will be improved by this opportunity.

[Greyson]

Immigration Bill Amendment Would Carve Out Benefits For Some Same-Sex Couples

By Annie-Rose Strasser on Jun 12, 2013 at 9:40 am

When the Gang of Eight’s immigration reform plan was considered before the Senate Judiciary Committee in May, LGBT advocates were heartbroken to watch as Sen. Patrick Leahy (D-VT) withdrew an amendment from the bill that would haven given the same immigration rights to bi-national same-sex couples that are enjoyed by their straight counterparts. But now, the amendment is back.

Given the current Republican antipathy toward Leahy’s similar amendments in committee, however, (and its likely failure in the House, even if it passes the Senate), immigrant same-sex couples face a long road ahead.

http://thinkprogress.org/immigration...igration-bill/

[Greyson]

Originally Posted by Greyson

NO MORE DOMA!!!

With DOMA being struck down this now means that legally married same-sex couples will now be afforded all Federal rights and protection. This would include Immigration law. Now legally married same-sex partners can immigrate to this country if they choose to. Honestly, I did lose hope in my country, USA about 10 years ago. Some of that belief was restored today.

After listening to more legal analysis this morning I am unsure if Immigration status must be recognized in every state. Some say it will depend upon the state. Immigration comes under Federal law. We know states can pass immigration laws and policies but many times they are struck down because Immigration is under Federal purview.

But, this is not the first time our courts make decisions that seem opposed to the constitution. DOMA was a perfect example. Until DOMA the Federal government left it up to the States to decide matters of marriage and divorce. Historically it came under "States Rights." Also, States would honor, recognize all marriages from any state and then afford legal status to their union when in a state that did not perform the marriage. All of that was not the case for interracial couples until Loving vs. Virginia in 1967.

Now we shall see how each state decides to Queer marriages. There are still 37 states the define marriage as "One Man and One Woman."

This past Sunday I did speak to a diverse group of people primarily made up of straight white middle and upper class and there was representation from Latino, African American, LGBTQ and poor people. I addressed Immigration Reform. I reminded them that Senator Marco Rubio was doing every thing he could to keep Immigration Reform out of the reach of Same-Sex couples and families during this latest change in our immigration laws.

I am hoping the overruling of DOMA will now settle that particular immigration injustice. Our time is here. Never give up on humanity for all.

Does anyone have any clarification, analysis regarding how overruling DOMA impacts Immigration Law for LGBTQ?


Timeline for Interracial Marriage in USA:

http://civilliberty.about.com/od/rac...y-Timeline.htm

Timeline for LGBTQ Marriage in USA:

http://www.reuters.com/article/2013/...95P07320130626

[Sparkle]

PRESS RELEASE by the DOMA PROJECT


SUPREME COURT STRIKES DOWN ANTI-GAY
“DEFENSE OF MARRIAGE ACT” IN HISTORIC RULING

MARRIAGES OF SAME-SEX COUPLES NOW RECOGNIZED
BY THE FEDERAL GOVERNMENT, EFFECTIVE IMMEDIATELY

Gay American Citizens Can Now Sponsor Foreign-Born
Spouses for Green Cards, Ending Immigration Nightmare

In a groundbreaking and historic ruling, the Supreme Court of the
United States has placed itself on the right side of history and found
Section 3 of the Defense of Marriage Act (DOMA) to be an unconstitutional
exercise of federal authority and a violation of the equal protection
guarantee of the U.S. Constitution in a 5-4 decision authored by Justice
Kennedy. Originally signed into law by President Bill Clinton in 1996,
DOMA has denied lawfully married gay and lesbian couples from the
benefits and protections of more than 1,100 federal provisions. These
wide-ranging benefits include all of immigration law and the right of an
American citizen to sponsor his or her spouse for a green card and to file a
fiancé(e) visa petition to bring his or her partner to the United States.

Writing for the Court, Justice Kennedy stated unequivocally that,
"The federal statute is invalid, for no legitimate purpose overcomes the
purpose and effect to disparage and injure those whom the State, by its
marriage laws, sought to protect in personhood and dignity. By seeking to
displace this protection and treating those persons as living in marriages
less respected than others, the federal statute is in violation of the Fifth
Amendment."

The DOMA Project has filed over 70 green card and fiancé(e) visa
petitions for same-sex couples since its inception in 2010. The sole basis for
denial by the United States Citizenship and Immigration Services
(USCIS) was Section 3 of DOMA. After today's ruling, that obstacle has, at
long last, been removed.

Lavi Soloway, gay rights attorney and co-founder of the DOMA
Project, offers his view on the ruling:

"Today’s historic ruling puts millions of lesbian and gay Americans and their families
on equal footing under federal law. By ending thediscrimination against married same-sex couples,
the Supreme Court has extended the promise of equality granted by the U.S. Constitution to all
Americans regardless of sexual orientation. Beginning today, lesbian and
gay Americans will be able to file green card petitions for their foreign-born
spouses and fiancé(e) visa petitions to bring their partners to the United
States. The federal government will no longer stand in the way of lesbian
and gay binational couples who seek nothing more than to build a life
together in the United States. The Supreme Court’s ruling is the
culmination of years of the tireless efforts of courageous and determined
couples who stood up for the right to be together, and fought back against
a government that sought to tear apart their families. We expect the U.S.
Citizenship and Immigration Services to begin approving green card
petitions for married lesbian and gay couples immediately.”

The defeat of DOMA effectively means the end to deportation of
spouses of gay and lesbian Americans who will now be eligible for green
cards. It will reunite same-sex couples who have been torn apart and
forced to live in separate countries, including many cases in which parents
have been separated from their minor children, and it will end the exile of
gay and lesbian Americans who have been forced to live abroad in order to
be with the person they love. With Section 3 of DOMA gone, our
family-based immigration laws will now treat all families equally,
regardless of sexual orientation.

....

I've been weeping (happy tears) all morning for every binational couple who's life this will change.

[blackboot]

http://immigrationequality.org/2013/...needs-to-know/