(San Francisco, CA, April 17, 2013)—Today, a bipartisan group of Senators who have been working on a plan to fix the current broken U.S. immigration system released their long-awaited proposal for comprehensive immigration reform legislation. The bill, called the Border Security, Economic Opportunity, and Immigration Modernization Act, presents a massive overhaul to many aspects of our current approach to immigration. The plan provides a pathway to citizenship for undocumented people, including an expedited process for DREAMers, creates new types of visas, and requires the government to clear the high backlog for family-sponsored visas.
There are nearly 11 million undocumented immigrants in the United States, including at least 267,000 who are also lesbian, gay, bisexual, or transgender (LGBT). The legislation introduced by the Senate has a number of provisions that will dramatically improve the system and provide a path forward for undocumented immigrants, including those who are LGBT.
The legislation creates a 13-year pathway to citizenship for undocumented people currently in the U.S. People will be able work while they access this path, which includes a three-year application process and a 10-year waiting period. The legislation includes a streamlined, five-year process for DREAMers.
The legislation also puts an end to the draconian requirement that asylum-seekers must file asylum requests within one year of entering the U.S., which has had a particularly negative impact on LGBT asylum seekers.
While this legislation makes many significant improvements to the system, there are also serious shortcomings with the plan. The bill does not contain the crucial principles of the Uniting American Families Act (UAFA), which would provide a mechanism for U.S. citizens to sponsor their same-sex foreign partners for citizenship. It also makes several significant cuts to the family sponsorship visa process, including eliminating F4 visas, which allow U.S. citizens to sponsor their siblings for citizenship. While an exception exists that will allow current citizens to continue the process to sponsor their siblings, eliminating this category will make it harder for immigrants to keep their families together, and will have a disproportionate impact on Asian-American and Latino families. Additionally, while the bill provides a pathway to citizenship, the path laid out in this legislation is unnecessarily long and tied to an overly harsh enforcement plan that is unnecessary in light of our current border security. Finally, this proposal creates inexcusable barriers to accessing healthcare. Under this plan, immigrants and their families would be unable to access subsidies and tax credits to purchase healthcare coverage through the Affordable Care Act (ACA) or receive benefits through Medicaid or the Children's Health Insurance Program (CHIP) during the 10-year waiting period. The result is that low-income immigrant families would be unable to get any health coverage for at least 10 years.
NCLR has joined other organizations in a campaign endorsing principles in support of humane and meaningful immigration reform. Learn more about the principles and the organizations that have signed on so far at LGBTDREAMersStories.com .
Statement by NCLR Executive Director Kate Kendell, Esq.:
"It is very gratifying to finally see movement toward an overhaul of our broken immigration system. Many elements of immigration reform that are crucial for fixing our immigration system are part of this bipartisan proposal. We are pleased that this proposal includes a pathway to citizenship, strong protections for DREAMers and their families, and important changes to the asylum process. However, several key provisions miss the mark or are missing entirely from the draft bill.
It is unacceptable that low-income immigrants and families will be barred from accessing the benefits of the ACA, Medicaid, and CHIP for 10 years. Access to healthcare is a crucial right, and barring people from affordable care will cost lives. No one should have to wait 10 years to see a doctor.
Further, we believe that family unity must remain at the heart of the immigration system and are disappointed that this bill falls short of protecting that core value. While we are extremely troubled that the current bill excludes UAFA principles, we remain confident that we will be able to add protections for same-sex binational couples to the final version of the bill. We will continue to work closely with equality movement leaders and Senate members to improve the current draft plan, and to protect the ability of citizens to sponsor their same-sex foreign partners, siblings and other family members for citizenship so that immigration remains a way to keep families together and not tear them apart."
The National Center for Lesbian Rights is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, and transgender community through litigation, public policy advocacy, and public education. www.NCLRights.org
Lambda Legal urges Senate to include all LGBT families in Comprehensive Immigration Reform Bill
"Reforming immigration will protect millions of immigrants seeking a decent life and make our country stronger. But those who dismiss the needs of LGBT families and suggest that we can only protect some, but not all people are not being true to deeply held American values of fairness."
(New York, April 17, 2013) - Today, the Senate introduced a comprehensive immigration reform bill that included many important provisions but did not include critically important protections for same-sex binational couples and their families. Lambda Legal issued the following statement from Kevin Cathcart, Executive Director of Lambda Legal:
"We are pleased that Congress is moving forward on this vital issue. Reforming immigration will protect millions of immigrants seeking a decent life and make our country stronger. But those who dismiss the needs of LGBT families and suggest that we can only protect some, but not all people are not being true to deeply held American values of fairness.
"We are deeply disappointed that the Uniting American Families Act that would ensure that binational same-sex couples and their families are not torn apart is not included in this proposed bill. There is still time to include this provision in the bill, and we urge the Senate to do so.
"LGBT undocumented immigrants are among the most invisible of the invisible. Many inhabit a double closet, afraid of disclosing their sexual orientation and/or gender identity and afraid of disclosing that they are undocumented. Our current immigration system is broken. Gross inequities in our country's current immigration system disproportionately harm LGBT people and people living with HIV - in extremely grievous ways. Without a path to legalization, LGBT and HIV-affected immigrants who are victims of hate crimes or who experience discrimination or other civil rights violations often are deterred from seeking justice out of fear of arrest or deportation. Furthermore, many immigrants rely on asylum and immigration relief for protection from persecution in their home countries based on their sexual orientation, gender identity or HIV status.
"The LGBT community knows all too well what can happen when legislative proposals pit communities against one another - we cannot let that happen. We urge Congress to enact comprehensive immigration reform that provides decent and fair treatment for all immigrants, including those who are lesbian, gay, bisexual or transgender (LGBT) or who are living with HIV."
Task Force: Bipartisan bill marks first step on road to full and fair immigration reform
WASHINGTON, April 17 — The National Gay and Lesbian Task Force, a longtime advocate of fair and humane immigration reform, responded to the introduction of a bipartisan immigration reform bill in the U.S. Senate. The Task Force is a signatory on this Statement of Principles for Immigration Reform ( thetaskforceblog.org/2013/04/16/task-force-and-other-lgbt-groups-affirm-commitment-to-humane-immigration-reform-with-set-of-principles/ ).
Statement by Rea Carey, Executive Director, National Gay and Lesbian Task Force:
"This bipartisan bill marks a first step on the road to full and fair immigration reform this country so urgently needs.
"There are 11 million undocumented immigrants in this country - including at least 267,000 who are lesbian, gay, bisexual or transgender. Under our broken immigration system, they are forced to live in hiding, spending every day fearful that they will be discovered, sent into detention, and separated from their families. No one should ever be forced to live this way.
"This measure will help create a pathway to citizenship for millions of people who are eager to contribute their skills and talents to this country. This includes many young people — the DREAMers — who love and have always called the United States their home. We are very pleased they will have a more streamlined path to citizenship. The DREAMers, who include countless LGBT youth, represent an investment in our nation's future.
"But the bill, as it was introduced, will also require us to double down our efforts over the next few months as Congress takes up this legislation. It lacks several key components, including how it treats LGBT families. Right now, thousands of binational same-sex couples are threatened with forced separation because they are blocked from sponsoring their partner for citizenship. It is cruel and unfair to force loving couples and their families to live apart — to make them choose between family and country.
"In addition, we're paying close attention to potential barriers to citizenship arising from one's economic circumstances. We do not believe it is humane to deny vulnerable residents, whether they have citizenship status or not, basic social services. Finally, we want to ensure that the legislation promotes a dignified quality of life for border communities and enforcement provisions that do not contribute to racial profiling or other abusive practices.
"Many of the reforms unveiled in this measure will have a positive impact on immigrants, including many LGBT immigrants, but we must keep pushing for reform that leaves no one behind. We are committed to working together throughout the legislative process to get the bill we all need and deserve."
To learn more about the National Gay and Lesbian Task Force, visit www.theTaskForce.org ( www.thetaskforce.org/ ) and follow us on Twitter: @TheTaskForce ( http://www.twitter.com/thetaskforce).
The National Gay and Lesbian Task Force Action Fund builds the grassroots political power of the lesbian, gay, bisexual and transgender community. The Task Force Action Fund does this through direct and grassroots lobbying to defeat anti-LGBT ballot initiatives and legislation, and works to pass pro-LGBT legislation and other progressive initiatives. The Task Force Action Fund is a 501(c)(4) nonprofit corporation incorporated in New York. Contributions to the Task Force Action Fund are not tax-deductible.
