REPORT: Many Same-Sex Couples Impacted By Immigration Laws

The Williams Institute at UCLA Law School has released a report entitled "Same-Sex Couples and Immigration in the United States" by Craig Konnoth and Gary Gates.

An excerpt from the Executive Summary of the report highlights the fascinating details about the diversity of same-sex couples impacted by unfair immigration laws (and the Defense of Marriage Act) in the United States.

As of 2010,  nearly  79,200 same-sex couples living in the United States include at least one partner who iscurrently not a U.S citizen or was naturalized as a citizen.  Of the nearly 650,000 same-sex couples in the US:
 4.4% or 28,574 are binational couples (one partner is a U.S. citizen and one is not)
 1.8% or 11,442 are dual non-citizen couples
 6.1% or 39,176 are dual citizen couples with at least one naturalized partner 

Under U.S. immigration policy, a citizen may obtain permanent residence for their non-citizen different-sex spouse, and expedited citizenship for a resident, different-sex spouse. Permanent residents may also petition for permanent resident status for their different-sex spouses.   However, these options are not extended to same-sex couples, even if they are married or are in civil unions or registered domestic partnerships.  Currently none of the estimated 40,000 binational and dual non-citizen same-sex couples in US are eligible to use  the immigration mechanisms available to different-sex spouses.


[...]


  Additional findings from the analyses include:

 California ranks first in the total number of binational same-sex couples.  A quarter of them (7,115) live in the state.  California is followed by New York (3,695), Florida (2,545), Texas (1,607), and Illinois (1,596).
 Mexico is the country of birth for a quarter of non-citizens in binational same-sex couples.  Canada, the second highest country of origin, is home to 8% of the non-citizen partners, followed by the United Kingdom at 6%.
 More than two-thirds of binational same-sex couples (69%) are male.
 A third of binational couples (33%) are inter-racial/ethnic.
 Forty-five percent of non-citizens in binational same-sex couples are Latino or Latina, while 14% are Asian/Pacific Islander.  Just over a third (36%) are White.  Among citizens in same-sex binational couples, a third (33%) are Latino or Latina while 54% are White and 7% are Asian/Pacific Islander.  AfricanAmericans comprise just 3% of both groups.
 A quarter of male binational couples and 39% of female binational couples are raising an estimated 17,000 children.  Rates of childrearing are even higher among non-citizen same-sex couples. More than half (52%) of male non-citizen couples and nearly two-thirds (64%) of non-citizen female couples are raising more than 7,700 children.
 Citizens in binational same-sex couples have higher median income levels than their non-citizen partners.  However, the non-citizen partners in binational couples have median incomes that are substantially higher than non-citizens with non-citizen partners.
 Almost two-thirds of binational same-sex couples own their home.  They are more than twice as likely to be home owners as dual non-citizen same-sex couples (30%).
 The vast majority of same-sex partners in binational couples speak English “well” or “very well”.   Among citizens in binational couples, 93% report a very good command of English compared to 81% of their non-citizen partners.
 More than 40% of citizens and non-citizens in same-sex binational couples have a college degree.
 Non-citizens in binational same-sex couples evidence low rates of unemployment at just 2%.  Nearly 8% of citizens in binational same-sex couples say they are unemployed.  

Immigration Equality is the premier national LGBT organization advocating for and assisting same-sex couples impacted by federal immigration policies. (MadProfessah has served on the board of the organization since November 2008).

Interestingly, the estimate of 28,574 is more precise but also smaller than the previous estimate of 36,000 binational couples in the United States but the 40,016 couples who are negatively impacted by current immigration law is slightly higher. MadProfessah is a naturalized citizen from the island-nation of Grenada, and Sentient Meat is a "natural born citizen" so we would be classified in the 6.1% of all U.S. same-sex couples who are both citizens where one partner is naturalized.

MadProfessah Attending D.C. ImmigrationEquality Fundraiser

As close readers of the blog may realize, MadProfessah is now bi-coastal: spending time in Los Angeles and Washington, D.C. With that in mind, it means that I can attend events which occur in either city. Tomorrow, I will be attending the 3rd Annual Capital Fundraiser for Immigration Equality:

3rd Annual Capital Reception & Fundraiser

Oct 4, 2011 6:00 PM - 8:30 PM

Description:
Featuring Debbie Wasserman Schultz, U.S. Representative from Florida’s 20th District and Chair of the Democratic National Committee.

Honorary Hosts: 
Congresswoman Debbie Wasserman Schultz (FL-20)
Congressman Chris Van Hollen (MD-8)
Congressman Joseph Crowley (NY-7)

After a summer of sharing their story in major news outlets like CNN, MSNBC, Countdown with Keith Olbermann and in front page news stories across the country, Bradford Wells and Anthony Makk will be joining Immigration Equality in Washington. They will be meeting with key Congressional leaders ... and they’d like to meet you, too.

Please join them — and the Immigration Equality team — on Tuesday, October 4th, for our Third Annual Capital Reception & Fundraiser, hosted by Mitchell Gold + Bob Williams. We’ll have important updates on our work to help families like Bradford & Anthony ... celebrate the successes of the past year ... and build the support we need to continue our critical work on Capitol Hill.

The event is free, however your support is welcome, and critical to our success. We hope that if you're moved by our work, you'll help us reach our goal of $15,000 for our on-going work on behalf of LGBT immigrant families. Donations can be made online at ImEqActionFund.org/DCevent

Location:

Mitchell Gold+ Bob Williams 

1526 14th Street, NW (between P & Q Streets, Logan Circle)
Washington, DC

Contact:

Please RSVP by September 30th to Maria or on Facebook here.

If you're in the Washington, D.C. area, hopefully you can check out the event!

Obama Comments on DOMA and LGBT Bullying

President Barack Obama appeared at a public forum for Hispanic media on  Wednesday and answered two questions of interest to LGBT folks.

One question was on bullying:

MR. SIADE:  This question comes from Florida:  Since bullying is increasing in an alarming way in the U.S., what can be done to avoid further discrimination or bullying within various racial groups, particularly for Hispanic kids in school?

     THE PRESIDENT:  I think it's a really important question.  We actually had the first-ever conference on bullying here in the White House -- because for young people it’s hard enough growing up without also then being subject to constant harassment.  And the kind of bullying that we’re seeing now, including using the Internet and new media, can be very oppressive on young people.

     So what we’ve tried to do is to provide information and tools to parents, to schools, to communities to push back and fight against these kinds of trends.  And a lot of the best work has actually been done by young people themselves who start anti-bullying campaigns in their schools, showing how you have to respect everyone, regardless of race, regardless of religion, regardless of sexual orientation.  And when you get a school environment in which that’s not accepted by young people themselves, where they say we’re not going to tolerate that kind of bullying, that usually ends up making the biggest difference, because kids react to their peer group more than sometimes they do adults.

And what we need to do is make sure that we’re providing tools to schools and to young people to help combat against bullying, and it’s something that we'll continue to work on with local communities and local school districts as well.

MR. LERNER:  So you’re going to have a conference on bullying in the White House?

THE PRESIDENT:  We already did.  We had it -- it was probably four or five months ago.  And we brought in non-profit groups, religious leadership, schools, students themselves.  And they have now organized conferences regionally, around the country, so that we can prevent this kind of bullying from taking place.

And another was on DOMA, the so-called Defense of Marriage Act:

MR. LERNER:  Mr. President, on the Defense of Marriage Act, also called DOMA, this comes from Kevin in North Carolina.  He says:  I'm a gay American who fell in love with a foreigner.  As you know, due to DOMA, I'm not permitted to sponsor my foreign-born partner for residency.  And as a result, we are stuck between a rock and an impossible situation.  How do you intend to fix this?  Waiting for DOMA to be repealed or struck down in the courts will potentially take years.  What do binational couples do in the meantime?

     THE PRESIDENT:  Well, we made a decision that was a very significant decision, based on my assessment of the Constitution, that this administration would not defend DOMA in the federal courts.  It's not going to be years before this issue is settled. This is going to be settled fairly soon, because right now we have cases pending in the federal courts.

     Administratively, we can't ignore the law.  DOMA is still on the books.  What we have said is even as we enforce it, we don't support it, we think it's unconstitutional.  The position that my administration has taken I think will have a significant influence on the court as it examines the constitutionality of this law.  And once that law is struck down -- and I don't know what the ruling will be -- then addressing these binational issues could flow from that decision, potentially.

     I can't comment on where the case is going to go.  I can only say what I believe, and that is that DOMA doesn't make sense; it’s unfair; I don't think that it meets the demands of our Constitution.  And in the meantime, if -- I’ve already said that I’m also supportive of Congress repealing DOMA on it’s own and not waiting for the courts.  The likelihood of us being able to get the votes in the House of Representatives for DOMA repeal are very low at this point so, truthfully, the recourse to the courts is probably going to be the best approach.

Any thoughts on how Herman Cain, Mitt Romney, Rick Perry or Michele Bachmann would answer these questions?

READ: Letter From 67 U.S. Reps To DHS Napolitano

LGBT Immigration Letter to DHS Sec Napolitano By U.S. Reps

Recent media profiles of same-sex binational "Love Exiles"

Max Oliva, left and Jesse Goodman have left the United States
 in order to remain together

The Los Angeles Times is just one of several West Coast-based newspapers which have been doing stories on the impact of the Defense of Marriage Act recently.

On Monday, the Times published "Same-sex couples find rough road to immigration." A key excerpt:

When Jesse Goodman and his Argentine fiance left the United States in 2006 after an unsuccessful immigration battle, they expected that one day they would be able to return home to New York.


Goodman and Max Oliva had become used to finding temporary ways to be together. They had fallen in love quickly and planned on marrying but soon learned that, unlike similar situations with straight couples, their relationship wouldn't help Oliva stay in the country.


For a time, they relied on a mix of work permits and tourist visas to stay together. When the last permit was set to expire five years ago, they decided it was best to leave the U.S.


"We ran out of options," Goodman said.


While straight American citizens can obtain green cards for their spouses and fiances, the Defense of Marriage Act has precluded same-sex couples from receiving the same benefits.


In February, the couple was encouraged when the Obama administration announced it would no longer defend the act in court, saying it violates the Constitution's equal protection clause, a conclusion that two federal district courts had reached in 2009.


The announcement that the Obama administration would no longer defend the law was applauded by gay and lesbian activists.


But the administration has sent mixed signals about its intent to enforce the law, which has led to some confusion among same-sex couples as they try to navigate the immigration system.


Rather than continue waiting for a resolution to that issue, Goodman and Oliva decided to move forward with trying to return to the U.S. by filing a fiance visa petition for Oliva.


The couple expects that it will be denied. But they are prepared to go to court.


"I think we're right," Oliva said. "We're fighting against something that is unfair."

In addition to the Los Angeles Times, the San Francisco Chronicle also ran an article about a binational couple facing deportation. Theirs was titled "Defense of Marriage Act threatens his citizenship."

An excerpt:

Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, have spent the last 19 years together, mostly in an apartment in San Francisco's Castro district. 

Makk gave up his career, started a business in San Francisco and invested in rental property, all to be with Wells and meet various visa requirements. Seven years ago, they married in Massachusetts. 

Starting June 13, Makk, 48, faces possible deportation if he remains in the country illegally when his current visa expires. If he leaves, he would not be readmitted, the couple would be all but permanently separated and Wells, who has severe health complications from AIDS, would be left without his spouse and sole caregiver. 

"We're at the end of our rope," said Wells, 55. "Ever since we met, all we've tried to do is be together. The focal point of our lives, everything we've done, is just so we could be together."

Law denies benefits

They face this quandary because the 1996 Defense of Marriage Act denies all federal benefits, including spousal immigration preferences, to same-sex couples. If Wells and Makk were heterosexual, they could apply for an I-130 visa, or spousal petition, which could allow Wells to sponsor Makk for permanent U.S. residency. 

President Obama and Attorney General Eric Holder said in February that they believe the Defense of Marriage Act is unconstitutional and would no longer defend it in court, but the administration is enforcing the law as required until it is repealed or struck down by the courts. It is under challenge in several states and will probably be decided by the Supreme Court. 

"It's devastating, the idea of him leaving in a couple of weeks and not being able to get back in," Wells said. After suffering a near-fatal heart attack and severe arthritis in his hips, Wells said he is unable to care for himself. "I don't know how I'm going to manage," he said. "My stomach is in knots." 

An estimated 54,000 bi-national same-sex couples live in the United States, according to the Williams Institute, a pro-gay think tank at UCLA. Not all of them are married.

Of course, frequent readers know that I myself am part of a binational couple, but was able to become a United Citizen through familial relationships in 2003. I'm on the board of directors of Immigration Equality, the national LGBT immigration advocacy group.