Haters Effort To Repeal CA DREAM Act #Fail

Ha-ha! This is excellent news. The California DREAM Act was signed into law by Governor Jerry Brown last year and the racist xenophobes started circulating petitions to put a referendum on the November 2012 ballot. The CA Dream Act  allows undocumented youth to receive state financial aid and scholarships for college.

Today comes words that the haters have had a major #fail!

Opponents of the California Dream Act have failed to gather enough petition signatures to qualify an initiative for the November ballot that would have repealed the legislation, organizers said Friday. 

Volunteers and a small group of paid signature gatherers had hoped to collect more than 500,000 valid signatures by this week to stop the legislation, which gives illegal immigrants access to state financial aid at public universities and community colleges. They were able to gather nearly 450,000 signatures, Assemblyman Tim Donnelly (R-San Bernardino) said in a statement. 

Supporters of the California Dream Act have argued that many young undocumented immigrants came to the country through no fault of their own; those opposed stressed that the state should not use scarce resources on illegal immigrants.

The haters can still try and get signatures to put an initiative statute on the ballot in November but they have to collect twice as many signatures, and they have to have that done at least 150 days before the election.

I think even if the DREAM Act was up for debate on the ballot that California voters would re-affirm their commitment to equal opportunity and fairness.

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.

Ha-Ha! Author of SB-1070 Gets Recalled

Ha,ha! This was the most encouraging election result in a night full of heart-warming election results (rejecting Mississippi's zygote personhood amendment, repealing Ohio's anti-union law and rejecting Maine's voter suppression law): the xenophobic author of multiple pieces of immigrant-bashing legislation (but most notably SB 1070), Arizona State Senate President Russell Pearce was recalled by voters on Tuesday night.

KPHO reports:

Voters have ousted state Sen. Russell Pearce in an unprecedented recall election, a first for an Arizona legislator.

With a majority of the precincts reporting, the top vote-getter, Republican Jerry Lewis, steps into the District 18 legislative seat for the second year of a two-year term.

Lewis claimed victory at 9 p.m.  "Our opponent was the most powerful politician in Arizona and one who had deep-pocketed and powerful interests from outside our district backing him, as well as the entire muscle from our state Republican Party," Lewis said.

Lewis, 54, a charter school executive, has been a resident of Mesa for nearly 30 years.  His victory now forces the Senate's majority Republicans to pick a new leader for the chamber.

People on both sides of the debate said that removing Pearce would send a powerful message to the Legislature that uncompromising stances on immigration and other issues will not be tolerated by voters.

Pearce, a 64-year-old conservative Republican from Mesa, outspent his challenger by more than a 3-to-1 ratio and painted the recall advocates as liberal outsiders who targeted him because of his immigration stance.

Pearce was unabashedly racist and an asshole and it's a good riddance of bad rubbish. However, Sheriff Joe Arpaio and Governor Jan Brewer are still elected officials in Arizona and should be removed from office by voters as well.

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!

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

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

The Double Closet: Homosexuality and Immigration Status

Jose Antonio Vargas is an openly gay, award-winning journalist who
 came out as an undocumented immigrant in the New York Times today

An absolutely stunning admission, made by Jose Antonio Vargas in a beautifully written op-ed editorial published today in The New York Times: he is an undocumented immigrant.

Here's an excerpt:

I decided then that I could never give anyone reason to doubt I was an American. I convinced myself that if I worked enough, if I achieved enough, I would be rewarded with citizenship. I felt I could earn it.

I’ve tried. Over the past 14 years, I’ve graduated from high school and college and built a career as a journalist, interviewing some of the most famous people in the country. On the surface, I’ve created a good life. I’ve lived the American dream.

But I am still an undocumented immigrant. And that means living a different kind of reality. It means going about my day in fear of being found out. It means rarely trusting people, even those closest to me, with who I really am. It means keeping my family photos in a shoebox rather than displaying them on shelves in my home, so friends don’t ask about them. It means reluctantly, even painfully, doing things I know are wrong and unlawful. And it has meant relying on a sort of 21st-century underground railroad of supporters, people who took an interest in my future and took risks for me.

Last year I read about four students who walked from Miami to Washington to lobby for the Dream Act, a nearly decade-old immigration bill that would provide a path to legal permanent residency for young people who have been educated in this country. At the risk of deportation — the Obama administration has deported almost 800,000 people in the last two years — they are speaking out. Their courage has inspired me.

There are believed to be 11 million undocumented immigrants in the United States. We’re not always who you think we are. Some pick your strawberries or care for your children. Some are in high school or college. And some, it turns out, write news articles you might read. I grew up here. This is my home. Yet even though I think of myself as an American and consider America my country, my country doesn’t think of me as one of its own.

It really is a must-read about what I call "the double closet," the experience of gay immigrants. Go read it now!

SHOCKER! Alabama Passes Racist Immigration Law

Following up on the controversial passage of Arizona's SB 1070 last year and Republican's assuming control of state houses after the midterm elections, several states have attempted to pass even stricter legislation to "regulate immigration." On Thursday, Alabama's Republican governor Robert Bentley signed what he promises is the nation's toughest anti-immigration law.

The PBS News Hour described some of the more prominent provisions:

In addition to allowing law enforcement officers to arrest and detain anyone they suspect of being in the country illegally, Alabama’s measure introduces new rules for educators, would-be landlords, and businesses.


"This signals real momentum on the side of immigration hawks," said Mark Krikorian, executive director of the Center for Immigration Studies, a think tank in favor of stricter enforcement. Among the provisions of the new law:

• Public schools will have to confirm students’ legal residency status through birth certificates or sworn affidavits.
• Illegal immigrants are banned from attending state colleges. 
• Transporting, harboring, or renting property to undocumented immigrants will be illegal.

The housing aspect is one that Ali Noorani of the immigrant-rights group the National Immigration Forum finds troubling: “This is of special concern to mixed status families – children could be arrested for transporting their undocumented parents, for example. It can also impact churches who are ‘transporting’ immigrants to church or are providing any services that may be considered as ‘harboring.'"

Georgia and Utah have also passed anti-immigration laws this year. Utah's law has already been enjoined in court. Arizona's SB 1070 has also been enjoined and has been appealed to the United States Supreme Court.

Alabama's Latino population has doubled to a high of 3.9% from 2000 to 2010. I wonder how many white people will be arrested by Alabama police in order to have their immigration status tested?

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.