Shirley Tan Advocate Magazine’s Activist of the YEAR!

Congratulations to Shirley and Jay and the boys and mamy as well for being named ADVOCATE MAGAZINE’s  Activist of 2009.   This is well deserved.  However they may have been used in a way that could result in resentment from the community rather than the applause they deserve:

Here are the comments from Immigration Equality’s site after IE makes the announcement:

1. Quoting the Announcement by IE on their website:

Congratulations are in order for Shirley Tan (pictured here with her family), who has been chosen as one of The Advocate’s “People of the Year” for 2009.   Shirley, who testified before the Senate in June and was also recently featured in People Magazine, was chosen by Advocate editors as their 2009 Activist.  “There are two types of activists,” the magazine writes, “. . . those who revel in the spotlight, and those who would rather slink away from it when the speech is over. Speaking with Shirley Tan, who catapulted into national discourse following an early-morning arrest last January by Immigration and Customs Enforecement agents in her Pacifica, Calif., home, you get the sense that she’d prefer going back to relative anonymity.”  But, the magazine notes, Shirley “is visible, but not eagerly.”    “I’m certainly not used to this,” she told The Advocate. “I’m just an ordinary housewife, living my own life, doing everything for my kids and my family. But this is what I have to do now. It’s not only for our family, but the 36,000 binational couples who are relying on UAFA.”

 Indeed, Tan has become a passionate and effective advocate for binational families. In addition to her testimony before the Senate, she has also met with White House officials and spoken out widely in the media about the need to pass immigration reform that will help families like hers.  All of us at Immigration Equality applaud – and thank – Shirley and her family for their extraordinary work. We are proud to be standing with them to end our country’s discriminatory immigration laws.

 To read the full write-up about Shirley, pick up a copy of the December/January issue of The Advocate, on newsstands now. “

HERE are the first seven comments including my own – number 7….

1. Check this out on Wall Street Journal:
http://online.wsj.com/article/SB125816110639347917.html
If they are the key players for the immigration overhaul, we might be screwed, especially with Rep. Luis Gutierrez’s bill because he is a co sponsor of UAFA, but under his bill, he did not include us in his bill. On the other hand, Chuck Schumer is also a big supporter of UAFA, but whether he will include us in the bill remains unknown. Unless we can gain momentum for UAFA, let’s keep fighting for the inclusion of bi national couples in the bigger immigration bill. If we don’t do anything, we will be ignored and defeated again!! Comment by Chung Cheng Fang — November 14, 2009 @ 11:08 pm

2. I am so sincerely happy for this family. At the same time, disappointed that all of us are not being afforded the same opportunity with extended stays for our partners, etc. We all deserve the same attention and “exceptions” – Again, I truly, am happy for you! Tom Comment by Very happy For the Tan Family But Disappointed For the Rest Of Us — November 15, 2009 @ 4:32 am

3.We don’t yet know if Gutierrez has included us. His bill hasn’t been introduced yet. The House version of the CIR will be introduced in December. Or perhaps I missed something. Comment by nola — November 15, 2009 @ 10:02 am

4. There is a lot of talk about moving Immingration reform to the top of priorities for Obama…ARE YOU ON IT IE? We need to be in there getting our rights! Comment by Brian — November 15, 2009 @ 12:30 pm

5. re – the talk about moving immigration reform to the top of priorities – where is this information coming from or is it hearsay? Comment by Where Is This Talk Comming From — November 15, 2009 @ 3:51 pm

6. It would really piss me off if any immigration bill didn’t include UAFA. I think I would leave and never come back to this country again. It would be disgusting if 12 million illegal immigrants get in front of someone that has been in the usa legally, and has been in a relationship with an American citizen for almost 4 years. Comment by Gerry D — November 15, 2009 @ 11:15 pm

7. MY COMMENTS :- This week I testified together with Shirley Tan at a symposium with the Immigration Commission in San Francisco. Nancy Pelosi sent a staffer as did Zoe Lofgren. The symposium had a group of panelists including Professors at Law schools etc.  NCLR was invited and did not show up. IE had no rep there either.  There were no panelists to speak for UAFA- yes at a symposium that was looking for advice on Immigration Reform, which will report to Mayor Newsom and the Sf BOS. My testimony will be published on my BLOG at www.oblogdeeoblogda.wordpress.com.  Caught in IE’s strategy I did promote UAFA as a component of CIR and asked the commission to work on behalf of its locals to ensure that UAFA is included in CIR. Afterwards a  key Immigration Organization insider in D.C. who was on the panel suggested that IE had made a big mistake – that we should have pushed for UAFA as a stand alone. This is something I have been writing about since June 4th, 2009. I brought Shirley and Jay to IE and worked as the lead advocate and strategist on Shirley Tan’s Private Bill. I promised Julie Kruse of IE that Shirley would advocate for UAFA, as she had given me her word in exchange for my pro bono work.  Indeed instead IE used Shirley to promote UAFA as a component of CIR.  A strategy I would only have pursued AFTER exhausting all opportunities to get UAFA moving on its own. Shirley and Jay have innocently followed their lead.   A mere few made this decision on behalf of all binationals.  The grassroots have had no control over this as only IE has an effective lobby with the HILL and no other LGBT organization seems to show much interest in UAFA. IE left Shirley with no choice but to advocate for CIR.  I just want to be clear- that if UAFA is not in CIR – Shirley was used by IE for their own strategy and should not be blamed.   If UAFA is in CIR, it may be very bad for us because then we can  no longer promote it as a stand alone and we will be at the mercy of the bigger Immigration Lobby, including the faith based groups who are anti LGBT.  If we are NOT included it could be very bad because then UAFA may be perceived as DOA…. Basically we are screwed either way. HOWEVER maybe it is best left out and we can be sneaked in -in committee – we have our necks in a very tight noose right now, the noose of IE strategy and the components that were not thought through.  I hope that this will have all LGBT and friends call reps tomorrow to sign on to UAFA NOW, regardless of CIR!!!

 I am documenting this note in the hope that you will remember that Shirl and Jay are innocent bystanders who got caught up in a situation and have been inadvertent activists. If anything goes wrong it will not be for lack of trying on their behalf to help others. It would have been much easier for them to remain silent.

Thanks for the visit and the support……

see also http://www.nytimes.com/2009/11/14/us/politics/14immig.html?_r=2&adxnnl=1&emc=eta1&adxnnlx=1258204566-/N+R+Iaj0/ko10FvCIrdmQ

Melanie Nathan Calls for Moratorium as US Citizen’s Brazilian

Tuesday 27th October I blogged for :

Melanie Nathan Calls for Moratorium as US Citizen’s Brazilian  same-sex husband denied asylum ..

Tagged with: Brazil    Brazillian    Defense of Marriage Act    DOMA    John Kerry    Junior Oliveira    Kerry    Marriage    Melanie Nathan    Obama    Same-sex marriage    Tim Coco    UAFA    United States    Uniting American Families Act    USA

BOSTON — Associated Press reports today that a gay Brazilian man has been denied asylum by the Obama administration and won’t be reunited with his Massachusetts husband in the U.S. It is reported that Tim Coco, the US citizen binational spouse said that  Attorney General Eric Holder did not act on a Friday deadline in the case of Genesio “Junior” Oliveira, effectively denying the 30-year-old Brazilian man’s request for asylum in the U.S. on humanitarian grounds.

This is not the first time a gay man from Brazil has been denied an immigration path through marriage to theUSA.  The other case involving a Brazilian is that of the husband of US citizen Gordon Stewart, as Pfizer employee who is now living in exile in the United Kingdom so he and his spouse can live their marital relationship.

 In June 2009, Gordo, together with Shirley Tan provided oral testimony before Senator Leahy and other Senators on the Senate Judiciary Committee in the hope that the Uniting American Families Act would engage congress enough to do something about the inequities in our immigration law.

 Coco said, “We needed the Attorney General to make a decision on whether Junior could come home,” said Coco, 48, of Haverhill. “He didn’t take this request seriously.”  It seems as if the Justice department has yet to respond to questions about this case.

 In 2002, Oliveira had sought asylum in the U.S. apparently basing his case on a rape as a teenager in Brazil.  But an immigration judge denied his request.  The Associated Press noted that it does not typically name rape victims, but Oliveira speaks openly about his case and is allowing his name to be used.

 Oliveira  and Coco married in Massachusetts in 2005 and bought a house together. However unlike other married couples in the US, gay marriages have no bearing on the immigration law that overtly discriminates against same-sex spouses.  The undeniable fact is that gays and lesbians are allowed  to marry in the US in under the law of certain States. Yet because of the Defense of Marriage Act they are precluded from federal rights which includes that provided by the Immigration and Naturalization Act.

 In March,Sen. John Kerry asked Attorney General Eric Holder to grant Oliveira asylum on humanitarian grounds.  Kerry spokeswoman Brigid O’Rourke said Monday that the senator will continue to work toward a solution that would reunite the couple for good. The fact is that if Tim and Junior were a heterosexual married couple, they would never have suffered through more than two years of separation,” said O’Rourke.

 The Uniting American Families needs it’s time now. While there are thousands of unpublicized stories in the shadows right now, many more are being exposed to Congress and yet Senators such as Kerry who favor the passage of UAFA are still failing in their leadership on the issues.  What is the point of advocating for individuals when you have the power of the legislation in your hands?

 Coco said he thought there was “no way” the Obama Administration would deny Oliveira’s asylum request after Kerry made his plea to Holder.  “We are profoundly sad,” said Coco. “This is more than any married should have to face.”

 AP reports, the case comes as Obama tries to smooth a rocky relationship with gay activists, who want him to end the military’s “don’t ask, don’t tell” policy on gays, which he has pledged to do but hasn’t given a timeline. Tens of thousands of gay rights supporters marched in Washington earlier this month, demanding Obama keep his promise to end the policy.

 Coco said he has spent about $250,000 in legal bills and hasn’t seen Oliveira since January, though the two video chat online every night. A heterosexual sponsorship of a spouse costs $750-$1500 if you use an attorney.

 Oliveira was denied a visa to return to Massachusetts last year for the funeral of Coco’s mother. Gordon Stewart’s husband has been denied the right to visit his spouse’s sister who has cancer.  Gordon gave up a robust career wityh Pfizer. Although the company transferred him to the UK, he is unable to rise in the ranks as he may have done had he been able to continue his career in the USA headquarters.

 Coco said the couple plans to launch a legal challenge against the federal Defense of Marriage Act as a violation of immigration laws.

 That may be a worthy attempt but with my experience in this issue I believe that energy should be put into legislation – we should be calling all our Representatives in Congress and demanding the change we were promised.  Challenging this in the Courts will still yield one major shield for those who are not allowed to marry in their respective States.  Until marriage is uniform, UAFA ascribes the right to Permanent Partners, as the relationship that seeks validity to circumvent DOMA.  

  In the meantime, pending legislation, which must happen and soon,  I call on Senators Feinstein, Kerry, Gillibrand, Schumer, Frank to pave the way for binationals by enacting / introducing/Class Private Bill whatever it takes -a moratorium on all deportations of married LGBT spouses;  by providing a special Visa Program with status for married LGBT couples (perhaps one that can sunset pending a solution or legislation– similar to the R1 (religious workers visa program) for married lesbians and gay spouses.

 When I was in DC during August I spoke with congressional staffers and received an “interested” response to this idea. 

 The reason for this is based less on the privilege granted to ‘a would be immigrant,’ but rather based on the RIGHT – the CIVIL RIGHT of the American Spouse…. Never since the days pre-civil rights movement has there been such a flagrant apartheid-esque practice perpetuated upon US citizens.  We do not have a right that other Americans have.

 O’Rourke said Kerry supports the couple’s legal challenge to the Defense of Marriage Act, which limits how state, local and federal bodies can recognize partnerships and determine benefits. He also called for a law to extend benefits to domestic partners. This I personally find outrages. Why does Senator Kerry not get behind the REPEAL of DOMA.  Congressman Nadler has had the courage to introduce it in the form of the Respect of Marriage Act.  Why is he talking Domestic Partnership.  Another incremental crumb? I don’t want to hear that word…Domestic Partnership.

 This month, Obama called on Congress to repeal the Defense of Marriage Act. Well do it. This case is one in thousands. We need our remedy now. I am not available for a life on hold. Neither is Mr. Coco and others whose names remain private at this juncture.

Senator Gillibrand Tells LGBT audience to PUSH Reps for UAFA…. Must be passed by the Spring….

Today a Binational married lesbian couple (names private) attended Senator Gillibrand’s meet and greet at the LGBT Center in NYC. They went armed with a letter setting out their dire circumstances, including reference to the unconscionable detention suffered by one of the spouses. 

After asking the pertinent question about the passage of Uniting American Families Act (UAFA)  and its relationship to comprehensive Immigration reform (CIR) , the Senator spoke specifically of an integrated approach. Privy to this information through my advocacy on behalf of this particular couple I was told- “Meeting with Sen. Gillibrand was great; she’s indeed a great advocate for the LGBT community. She seems a very authentic person, genuine, kind and responsive, sensitive to all matters regarding LGBT issues. The Senator referred to Sen. Schumer who is writing the bill. She also said that CIR and UAFA should be on the table by the end of this year, so it can be passed by spring.  She stressed the fact that it is important to have things dealt with before March. They’re going for an integrated approach.”

This may be interpreted to confirm that CIR will in fact include UAFA, when introduced by Senator Schumer.  However in August of 2009, when I asked Julie Kruse of Immigration Equality why would we be concerned that an overt champion of UAFA and LGBT issues such as Schumer would fail to include LGBT in CIR,  she cautioned that there was no guarantee that Senator Schumer would  in fact include UAFA.  However it would seem that Senator Gillibrand may now be providing some valuable insight as to what we can expect.   

That said, we must take heed of the Senator’s most fervent suggestion. We cannot ignore the overt and bland advice when she told her participants today that she recommends we push, push and push for the legislation now.  That we write like we have never written before and specifically that we bombard our representatives, urgently.  I know out4Immigration is doing an amazing job in the 34^th week of their letter writing campaign, but it is not enough and they cannot do it all. We need to hear from our brothers and sisters in the community who may not be directly impacted by this. 

The Senator emphasized the importance of Senator Schumer introducing Immigration reform legislation by year’s end; and the fact that it is imperative that the legislation passes by Spring 2010, the latter in her estimation possibly being a last opportunity.

I challenge every single person reading this, regardless of whether their rep is supportive or not of the Uniting American Families Act, to get 5 members of your community, friends, family to write and simply as follows: “Where do you stand on Uniting American Families Act and will you support it in comprehensive immigration reform. What are you doing to ensure this legislation passes before the Spring.” That’s all you have to do!!!

At the moment though, everybody is focused on DADT  (Don’t Ask Don’t Tell) as priority and that seemed to dominate the conversation, especially given that Lt. Dan Choi was there to introduce the Senator.

A community, advocates and activists, thank Senator Gillibrand for holding the meet and greet on this perfect Sunday.  In doing so she clearly displays her championship of our equality and that there is a good chance she could step forward to lead the more timid amongst our allies

Updated: 

Video with compliments of  The New Civil Rights Movement.

Blogged by MELANIE NATHAN,  CEO of Private Courts, Inc.  Communications, public policy consulting, mediation & private advocacy; motivated by injustice, I blog about family, law, mediation, politics, news and LGBT equality and anything that ‘tickles my fancy.’ Otherwise blogging as O-blog-dee-o-blog-da. Websites and blogs include: http://www.privatecourts.com; http://www.divorcemediators.us; www.lezgetreal.com. Contact Nathan@privatecourts.com

I predict more will come forward and if one looks at the tally, and I can report more later, it is apparent that some who have already in this short spate of time signed on RMA were not signed on to Uniting American Families Act, the immigration legislation. this is the uplift we need. Imagine if our in fact marriages were in fact recognized by the law – hence our relationships – at this level. DADT -ENDA-HATE CRIMES-UAFA- all will be psychologically rolled into this one BIG ENDORSEMENT! President Clinton’s Redemption -RMA-DADT-ENDA-UAFA-RFA-CIR-DOMA – you choose

Breaking – President Clinton retracts on DOMA and its Impact on Immigration Equality

 09/26/09-by Melanie Nathan

It was just several months ago that White House officials were promising that President Obama would address immigration reform before the end of the year. It seems as if the LGBT immigration equality leadership has continued to hang its top hat on the passage of Comprehensive Immigration Reform, as being the only way the LGBT community can earn recognition in the immigration system, through the incorporation of the Uniting American Families Act (UAFA) in the larger reform legislation.

When UAFA was introduced again this year in January by New York Congressman Jerrold Nadler,  it was hailed by the organizations and money was raised from our community in the name of this proposed stand-alone legislation.  We were all excited and on board for the big push.

However a mere six months later, (4^th June 2009 ) even with a majority charged democratic congress we find the very leadership that had touted UAFA as the home run now touting Immigration Reform as the sooner mechanism for UAFA to become law.  The idea was that the LGBT community would lend its supporters of UAFA to the BIG immigration reform and then we would benefit from the reciprocity engendered by the larger BILL. 

My earlier posts, stemming back to June of this year, will reflect my critique of Immigration Equality’s strategy and fear that we were being sold off and now my fear is further endorsed by one serious and dangerous miscalculation that not even I anticipated at the time.

Unfortunately what they never banked on was the strategy chosen by the White House.  Why Health Care reform ahead of immigration reform.  Since the commencement of Health Care reform negotiations, town hall meetings, confusion it has become an unanticipated debacle that will no doubt impact any and all attempts at immigration reform which will in turn put our Binational in yet another long haul wait.

To come out and say that UAFA has no traction in Congress and so we must rely on CIR is nothing short of defeatist on the part of those who took our money to fight for UAFA.  According to an article written for CNN this week by Ruben Navarrette Jr.  Immigration Reform is clearly not top on President Obama’s reform agenda.  http://www.cnn.com/2009/POLITICS/09/25/navarrette.obama.immigration/index.htm

“One thing that has thrown a wrench into the prospects for health care reform is the Joe Wilsonian concern that illegal immigrants might get free health care as a result of the reform process. Had that issue been addressed beforehand by giving illegal immigrants a path to earned legalization, that controversy might have been defused. Now Obama might walk away with nothing.  The political math for both kinds of reform only gets more difficult if Democrats lose seats in the House and Senate in next year’s midterm elections, as is expected to happen.”

Somewhat scathing in his commentaryNavarrette continues “ And the same President who seems to understand that the longer he waits to accomplish health care reform, the more difficult it will be to get, doesn’t seem to understand the same is true with immigration reform.”

The President decided to attempt health care reform before immigration reform. An obvious mistake which our LGBT leadership failed to apprehend when boarding the CIR train- a train not only without cars but also without access to any tracks!  They’re well-aware of the resistance out there to giving illegal immigrants a path to earned legalization, which some refer to as amnesty – so now if health care fails or succeeds immigration reform will be hampered undoubtedly by the questions pertaining to immigrants and healthcare.

So unhappily I must report that we, the bi-national community are in dire straits.  We have so much going on in D.C. that is positive and encouraging yet at the same time, one track strategy sets us flailing in the wind. The worst thing one can offer a Binational is no hope of being in their homeland safely with their beloved.  How many are living as I write with fear of deportation, desperation to return from exile or success in renewing or obtaining a visa, as the case may be!  

 After spending a week on Capital Hill, I have come to the conclusion that all the strategy in the world will not help those in desperate need now.   What has added to the quandary is the introduction of the Respect for Marriage Act which seeks to repeal DOMA.   Reading prior posts on this site, you will not its difficult in the eyes of Rep. Barney Frank.  However I for one disagree with the Congressman. When speaking with a staffer this week, I was informed that Congressman Frank does not want to entertain a repeal of Doma until ENDA and HATE CRIMES pass.  Of course the latter is imperative. But strategy schmategy what could be more important than recognition of our relationships; how can we be expected to have our sexuality recognized when the relationships that  provide credence to our sexuality is denied by the law?

So now lets add to this fast developing scenario – one where maybe Binationals can see a glimmer of hope to their ever-fading sun… Since the introduction a mere two weeks ago of the Repeal Act, an architect of DOMA, has spoken against it and fully retracted his support of DOMA expressing his regret and how he felt duped. (See Huffingtom Post Blog ) 

“Proudly changing my position on DOMA (Rep. Earl Blumenauer  By Rep. Earl Blumenauer (D-Ore.) – 09/16/09 10:22 AM ET - referenced from  The Huffington Post and The Hill Blogs.   “On July 12, 1996, I cast the worst vote of my political career. Having served in public office since 1973, that says something. While I’ve made other mistakes, this was different: it was a deliberate vote that I knew to be poor public policy and was against my values. I’ve been a strong champion of civil rights and protections based on sexual orientation since I chaired the first legislative hearing on anti-discrimination legislation in 1973. Even worse, this vote was cast after careful consideration.” (  http://oblogdeeoblogda.wordpress.com/2009/09/16/ask-your-congress-members-to-redeem-themselves/ )

Last night President Bill Clinton, who horrified us all, by signing the Bill, has now fully retracted his penmanship to DOMA by saying that he fully supports the rights for gay people to marry.

I predict more will come forward and if one looks at the tally, and I can report more later, it is apparent that some who have already in this short spate of time signed on RMA were not signed on to Uniting American Families Act, the immigration legislation.  this is the uplift we need.   Imagine if our in fact marriages were in fact recognized by the law - hence our relationships – at this level.  DADT -ENDA-HATE CRIMES-UAFA-  all will be psychologically rolled into this one BIG ENDORSEMENT!    I believe mere introduction of the Respect for Marriage Act provides that respite, to some extent;  it also gives us a sturdy leg to stand on!  The irony of which we cannot but bemuse; in this vein we can say thank you to President Clinton, not for reversing his stand on DOMA but for signing it in the first place.  Crazy as this may seem, but without the overt ACT of denying our relationships, we could never have had the opportunity to have and ACT that (in effect) will serve to VALIDATE our relationships and hence our standing in Society. 

I have a lot more to say on the subject so consider this Part one of an extensive series yet to come… please keep your eye open for PART TWO…. thanks for reading, mel. 

  CONTACT:- nathan@privatecourts.com
First blogged on www.lezgetreal.com

 
//

Find the Missing word

Now what?

Not a day goes by that I remain unaffected.
Not an hour goes by that my children remain unaffected

Not a minute goes by that you believe we are not here

And if we get in your way and you notice you scorn..

But nothing can change the fact that I am and we are

So consider…Equality …. every second of your tic-toc-clock

Shirley Tan -Jay Mercado and the Twins visit the White House

Shirley tan and Jay Mercado with Melanie Nathan and the Twins

When all was lost and there was no “next step” for Shirley Tan, about to be deported  within mere weeks, Molly McKay of Marriage Equality called my office to see if I could be of assistance.   Unfortunately Shirley’s was a losing case and she was told that there was nothing anyone could do to help her stay in the US with her partner of 23 years and their twin sons.  A native of Philippines, Shirley  had  been unable to receive any help as there were  no groups or organizations that could take this to the next level.  Most people do not know how to advocate for themselves at the higest of levels and it is probably a service that is unavailable to most.

Having gone through the pain of being a binational myself, I offered to help and had no idea where this would lead, but was willing to stop everything to keep this family together.   The saving of Shirley from deportation took a life of its own.  I had the idea that we should ask Senator Feinstein for a Private Bill and against all odds and contrary to the recommendation of those who had more experience , we asked Senator Feinstein for a Private Bill.  

During this time, and through my advocacy and coordination, Marriage  Equality,  Love  Exiles ,  Julie Kruse of Immigration Equality ,  OUT 4 Immigration, GLAAD, People Magazine,  all jumped on Board and helped with advocacy and strategy meetings.   Great commendation must go to  Congresswoman Jackie Speier for her help and to Senator Feinstein’s office and her extraordinary group of Staffers.

SO who would have thought the utterance of my words on the very first day I spoke to the Family when I said “ This case is going to blow the roof off UAFA. If I take it on, and it will be at no charge, will you be willing to stand up for UAFA.”Jay said, “Melanie, if we can keep Shirl here we will do anything,” would lead to this:-

Shirley and Jay have  came through on their word a good many times. In June of this year, Shirley testified at the Senate Judiciary Committee  hearing; the  family have been key note speakers at numerous important conferences in both the LGBT community and Asian American communities, culminating in this week in their meeting with White House Staffers, Senator Feinstein and other members of Congress.

This adventure to D.C., now their second was sponsored by Immigration Equality.  Who would have imagined where that one call by Molly could lead.  It just goes to show what going that extra mile can do.  This should be a lesson to all -  there is always hope as long as one takes it to the ‘n-th degree.’

So well done Tan Mercado family you have been true to your word and your community.

Blogged by MELANIE NATHAN,

Ask your Congress Members to Redeem Themselves….

 

Melanie Nathan and Senator Patrick Leahy 2009

    This is what we need to see more of – We should urge all those who voted for DOMA to now co-sponsor its repeal under the new Respect for Marriage Act introduced this week by Rep. Jerrold Nadler.  

 

Proudly changing my position on DOMA (Rep. Earl Blumenauer  By Rep. Earl Blumenauer (D-Ore.) – 09/16/09 10:22 AM ET - referenced from  The Huffington Post and The Hill Blogs.   “On July 12, 1996, I cast the worst vote of my political career. Having served in public office since 1973, that says something. While I’ve made other mistakes, this was different: it was a deliberate vote that I knew to be poor public policy and was against my values. I’ve been a strong champion of civil rights and protections based on sexual orientation since I chaired the first legislative hearing on anti-discrimination legislation in 1973. Even worse, this vote was cast after careful consideration.”

He goes on —–
“It should have been obvious to me that we would not be able to quell this assault based on sexual orientation. Far from stopping it, this vote fed the bigotry. Once Congress had put its imprimatur on DOMA, it was a logical step for the homophobes and political cynics to intensify their efforts and make permanent a ban on gay marriage in both the U.S. and state constitutions — spawning many state initiatives and intensifying the assault.”   …..     

Earl Blumenauer

http://thehill.com/blogs/congress-blog/civil-rights/58977-proudly-changing-my-position-on-doma-rep-earl-blumenauer

Please read the entire post its a worthy read – then look up the vote of your RE P on DOMA and send them a copy or link to this Post – and ask them to Cosponsor Nadler’s RFA – asap – as a matter of correction and redemption.   If your Rep voted NO on DOMA – ask them to ensure their support for RFA.

List of commentary on his issue:

Changing Their Tune On DOMA

President Clinton, Bob Barr and seven sitting members of Congress who supported DOMA, now oppose it.

 http://advocate.com/Politics/Washington_D_C_/Changing_Their_Tune_on_DOMA/      By Kerry Eleveld

 Barr, Clinton, and Blumenauer – Legislation to repeal the Defense of Marriage Act, which federally restricts marriage to heterosexual couples, was introduced Tuesday in House of Representatives amid a growing chorus of people who have had a change of heart on the matter.

““When the Defense of Marriage Act was passed, gay couples could not marry anywhere in the United States or the world for that matter,” Clinton said in a statement. “Thirteen years later, the fabric of our country has changed, and so should this policy.”

Barr, who was a member of the House at the time, joined Clinton, saying, “This legislation would strengthen the principle that each state is free to set the definition of marriage the citizens of that state have adopted.”  

Melanie Nathan

  My own comments to other blog comments on this issue:-

Barney Frank has made a big mistake on this one; it is important that REPEAL of DOMA is tackled in every way possible. This is a MUST DO Bill. There is nothing more onerous to civil rights than a piece of legislation that specifically excludes  members of our society- so Barney get off your strategy crap and embrace this legislation – NOW.  The question this begs “what is the point of State autonomy on marriage if the Federal government fails to recognize it?

What stops us from the fight?  I don’t give a farthing about the numbers in Congress – now or then or then or now…. How could anyone think that not standing up for or introducing a Correction BILL such as Nadler’s RFA is negative to the cause.  It is severely a MUST DO!!  What fight was ever won without taking the ultimate risks, least of all on civil rights issues.  I believe Barney may be right that the Courts will ditch DOMA long before RFA passes.  But unlike Barney, strategically I think RFA is a must do nonetheless.  It’s mere introduction emphasizes the fight and provides legitimacy to the fight by endorsing the fact that equality on a federal level is a civil rights issue.

AS Prop 8 makes its way to the BIG COURT…. I revisit its impact on my child…

How the Hate for 8 Hurt my Child…

Before the California Court ruled  I asserted in my blog “The fate of California’s same-sex marriage hangs in the balance, as the Justices prepare their ruling on the challenges to the validity of Proposition 8.” Now is has ruled and the impact is so egregious that the most unlikely suspects are taking it to the highest Courts.  I truly believe it will be ditched and we will gain equality.  However in my probably lunatic attempt to influence the spiritual and ‘ karmatic’  I remind the Universe of the story of my children….. and republish this article…… first published May 20, 2009. at http://lezgetreal.com/?p=13261

In my house of two married moms, we remain overtly safe from this decision as long as it is not declared invalid retroactively. How will I explain that to my children? If the result is not favorable, I am faced with having to inform my children that gay and lesbians are no longer allowed to marry under the law of this State.

The unfairness of being placed in this bewildering wait triggers memories of the pre-Prop 8 fight and my quest to protect my daughters from the worst pain imaginable “your family is not a family!”

My daughter, HC, is as well adjusted as any child; she has been around the world a few times, hence her sophistication belies her short twelve years. She is engaging and endearing and born to lead. Kind, loving and perceptive, when a toddler she earned the name “little Buddha.”  A keen, astute student, each year she adores her assigned teachers and tends to hold them in the highest esteem. They are her heroes and in turn she is their delight. This is a kid who never wants to miss school. She loves it!

When the California Court first ruled favorably for same-sex marriage we were the first lesbian couple to be married by our Rabbi, at our congregation temple.  My kids had a great time and together with twenty other kids all dressed in white walked down the aisle toward the ‘Chuppah’ in most traditional fashion.  It was a big event for our community and family came from around the world. My children were so invested in the wedding as for them it presented a validation and celebration of our little family of four.

Three months of gay marriage and then enter Proposition 8 together with the egregious advertisements facilitated by the millions of hateful dollars sent from Utah’s Mormon community to California, intent on promoting the proposition that would serve to outlaw same-sex marriage. The very idea of it, least of all a yes vote, served to insult our recently acknowledged family.

About two weeks before the November 2008 election and the impending prop 8 vote, HC and I were driving our route to school. We noticed that overnight what used to be one lone “No on Prop 8” on Central Avenue had morphed into a “NO on 8” at each and every home down our neighborhood’s main street. Later we found out that the lone sign outside the home a lesbian mom, kept getting torn down; day after day she would restore the sign until eventually overnight the entire neighborhood put up the NO sign in support of their neighbor. I remember remarking how amazing it was to see everyone in our midst against prop 8.

As we drove through the reasuring tunnel of “no on 8’s,” our comfort was short lived as we exited the micro and entered the macro – yes that nasty world at large reared its beastly head as amidst our usual morning tussle between Stephanie Miller and Radio Disney, an advertisement popped on the radio.

“……and your children will be forced to learn about homosexuality and gays it will be taught in the schools; ….. your churches will be forced to marry them… blah..”

I glanced at my child and noticed an odd expression on her usually placid face, one which I will not easily forget, and she asked, “Mom I don’t get what is wrong with other kids learning about my type of family?”  I was stunned!  The advertisement had placed a perspective calling for this very question; but why my child? We have lived our lives so openly and relish the good fortunate of our supportive community, where our ‘same-sex-ness’ is the least of our day to day issues.

It was as if HC had received a slap across her face. The advertisement had clearly hurt my child; its viciousness was not something she had been subjected to before. What could be worse than adults lashing out like that at children? It was direct and personal and having heard it before, was not personally outraged as when I realized the irresponsibility and how damaging those lies were to my babies. Now I had to come up with an answer to this ferocious fanaticism. I explained, “Hun, we live in a world where peoples are often so full of fear  which is usually because of ignorance,  – there are all sorts of different families – but they have usually only experienced their own. The unknown teririfies them; so they lash out in this way. What you heard on that ad, was unfair and contorted, but that is how the people who are against the idea of same-sex marriage think they can get other people to join their way of thinking.”  

 I provided more reassurance as best I could.   A few more questions and answers later we arrived at school, and went on with the next two weeks, during which time HC and my four year old accompanied me to various “NO ON 8” rallies; “no on 8, no on 8,” a battle cry still performed by my 4 year old whenever she sees the number 8, whether in the market, at school or in the movies.

So came the vote:  The “Yes” win was a shock and a huge upset; I had a lot more explaining to do; “mom is our marriage okay are we still married? (Our marriage is clearly viewed by my kids as a family event!) Then came one of the saddest moments in my life, on the day after the election, when HC came home from school and told me that her class teacher had told the group she had voted for John McCain. Living in Marin County California, I do believe the kids found this quite odd, and I explained we all have the right to vote as we choose. But then she announced, “Mom it is sooo weird Mrs. Ray also told the class that she voted “yes” on Prop 8; but I think she must have been just joking!”  

Well long story short, she was not joking – and my child was completely and utterly shattered.  Trying to hide her emotions for the next three weeks, I noticed a big change. She was not so keen about school. In fact after a week with a substitute teacher she came home devastated that he was leaving. I realized it was less about the loss of the sub teacher and more about Mrs. Ray’s return.

Despite my promise to HC to keep hush, “I flew like a bat out of hell” to see the Principal, who, ironically an “out” lesbian, was not surprised to see me show up on the issue; she mentioned that I was the fourth parent to complain about this lack of discretion on the part of the teacher. I explained that my child was extremely conflicted in trying to reconcile her respect and admiration for her teacher with her love and pride for her family. My child moved classroom and she adores her new teacher.

Fortunately, HC is back to being her happy self, but a deep and profound wound has been inflicted on her free and safe spirit.   If proposition 8 is upheld by the pending judicial decision, I truly believe that my child will suffer more emotional harm, through the perceived aberration of her family. It is so unjust and so unfair. Our children do not deserve to be the political pawns of the divisive and fearful bigots and religious right in our country.  We are family values and we are entitled to equality. My children are facts of life and they cannot be relegated to some second class category that diminishes us as a family. As a Mom I vow to carry on fighting for the sameness my babies, by virtue of their very existence deserve.

I have to show my child that our family is worth fighting for and that anything short of complete equality is simply not good enough.  I think this story illustrates the far reaching effects of de jure disqualification and the de facto reality of inequality. Whether we receive equal rights or not, nothing will derogate from the fact that we are here; us, our wives and our kids and nothing can or will ever change that simple fact.

Until such time as DOMA disappears, Prop 8 ditched- every US State allows gay marriage -our children will be marginalized as my daughter was when her teacher basically told her –‘You are not the same – you are not entitled.

So good forces I leave it to you….. remember we are all deserve our little bit of the “right to pursue happiness”

Asian and Pacific Islander Organizations – Ask for Immigration Reform

API ORGANIZATIONS IN CALIFORNIA UNITE TO DEMAND FAIR & HUMANE IMMIGRATION REFORM

August 20, 2009 -LOS ANGELES, CA – In Historic Filipinotown, Asian and Pacific Islander (API) organizations called on the Obama Administration and Congress for enact fair and humane comprehensive immigration reform.

In simultaneous press conferences held in Los Angeles and San Francisco, community leaders and members kicked off the National API Week of Action, shedding light on how the immigration system affects API immigrants and their families. This week of action (August 17 to 22) uplifts API voices in the national debate on immigration reform.

 Family reunification is the primary reason APIs come to the U.S., but API families suffer some of the worst immigration backlogs. “Filipinos must wait up to 22 years for an immigrant visa to join their family members in the U.S.,” said Sherwin Shakramy, Program Development Coordinator of the Filipino American Service Group, Inc. “This long separation of families is unacceptable – we want efficient and timely processing of visas that facilitate the reunification of families.” 

 Eileen Ma of API-Equality, Los Angeles, also states, “We need to provide a pathway to legalization for the 35,000 bi-national same sex couples currently living here. U.S. immigration policy is largely based on the principle of family reunification, allowing for the sponsor of spouses and other family members for immigration purposes. But because of a limited definition of family and the failure to recognize same-sex marriages, same-sex partners of U.S. citizens and green card holders are not considered as family. API couples are more likely to be kept apart, torn apart, or forced to stay together illegally, because of high numbers of foreign-born individuals in the API community.” 

  [click here for the full press release in PDF].

 

AJR 15 -California on its way in Support of UAFA

Gina Capiro, Amos Lim, Assembly Member Kevin de Leon, Melanie Nathan

Today, together with Gina Capiro, I had the great honor of providing testimony on behalf of the thousands of binational same-sex partners, for Resolution AJR 15 which in essence will serve to provide California’s legislature’s support of the Uniting American Families Act and equality in the immigration laws of the US, for same-sex permanent partners. 

A victory for our issue and at the same time a lesson in the divisiveness of ‘party-lines.’  It was astounding to witness; to tell the personal story of my family’s hardship with this inequality, about how I was faced with a possible choice between my two daughters, because  I could not petition for my same-sex spouse to remain in the US in the same was a straight American could; and then to hear the Republican’s, “nay” regardless of the hardship to their fellow Americans.  They just did not care about the 36,000 binational couples out there – ! 

In fact one of the members  of the Committee Jeff Miller- (R- 71st Assembly District, which takes in much of Western Riverside County and the Eastern edge of Orange County,)  stated that he wanted everyone to know why he was voting ‘no’ on all three LGBT Resolutions in the committee. He was doing it because he said that “California has decided ….”  Referring to Prop 8; of course did not end his sentence; the incomplete implication  – ‘California has decided that gays do not count – their families and their de facto lives are invalid. ’  He then went on to say, how his constituents and the rest who believe in the Defense of Marriage Act would be and I quote “hurt” if gays were recognized in this way.   In piecing his statement together, I think he was referring to a “NOTION” – the notion of marriage being between one man and one woman  – if that were undermined then his constituents would be hurt.   Well – it was clear to me -that the gentleman, who by the way also has two daughters – mmm wonder what he would feel if he had to choose between them?)  was in absolute lock-step; no compassion, no heart, just the “PARTY.” Need I say more?

 Shows pure ignorance on the issue – UAFA is legislation that has nothing to do with marriage per se; if anything it will grant a special right in recognition of DOMA as a restriction to LGBT ability to Petition under the immigration Law.

So thanks to the Author and co sponsors of AJR 15, and to  Alice Kessler of EQCA for her amazing work. We are really lucky to have her doing what she does for us.  Seeing her in action today on three issues, I can only imagine all the work that must have gone into the day. Also to Amos for of Out4Immigration who had much to do with promoting the authoring of this Resolution and to Gina for her very moving testimony and the volunteer work she does for our community.  Also thanks to Out4Immigration for all their work fighting forequality in immigration.

 Letters received today – from Amos Lim to Out4Immigration Members and Alice Kessler, EQCA:-

Hello all,

I just wanted to report to our friends on the listserv that AJR 15 passed the Assembly Judiciary Committee this morning by a 6-3 party line vote!

I want to especially thank Melanie, Gina and Amos for coming to the hearing in person. Your stories were courageous and compelling, and a good reminder of why we keep fighting the good fight. Hopefully we’ll soon move our nation’s discriminatory immigration laws into the dustbin of history.

Thanks again for your inspiring work!

-Alice

Alice Kessler
Government Affairs Director
Equality California :: Equality California Institute
Find out more about EQCA’s current legislation
http://www.eqca.org/legislation/2008 

From Amos Lim:

Hi Folks,

I just came back from Sacramento to attend the California Assembly Judiciary 
Committee hearing and to show that Out4Immigration supports Assembly 
Joint Resolution 15  which puts CA on record as supporting the passage 
of Uniting American Families Act as well as supporting the inclusion 
of UAFA in Reuniting Families Act.

The judiciary committee heard the testimony of Gina Capiro, who 
actually just landed on US soil this morning at 2am with her partner, 
and Melanie Nathan. The committee also heard comments from 
organizations in support of the bill, which included EQCA (Equality 
California – the sponsor of the bill), AACRE (Asian American for Civil 
Rights and Equality), California Immigrant Policy Center (CIPC), 
Out4Immigration and a few other organizations.

There were 4 resolutions being heard today  and 3 of them are LGBT 
bills.  Of the 3 LGBT bills, one of them is to remove the ban on gay 
man donating blood, the second is Supporting the passage of UAFA and 
the third is urging congress to repeal DOMA.

We have very positive feedback from the Democrats on the judiciary 
committee and Gina’s and Melanie’s testimony was so compelling that 
when all the witnesses spoke in support of the bill (there were no 
opposition organization present), Assemblyman Davy Jones just 
indicated that the story breaks his heart and it is wrong for the 
government to do this to same sex couples and he immediately ask for 
the committee to vote for the bill and send it to the floor.

The vote was 6 – 3, and the 3 who objected were all Republicans.  No 
surprise there.

The joint resolutions will be send to the floor for a vote soon and we 
are sure it will passed.  The next step is to have the senate take up 
the same resolution and pass it.

It is therefore important now to get more organizations to support 
this resolution and have them send in a letter of support.  If you 
want to help us get more organizations to write letter of support, 
please contact me at amos@out4immigration.org

Many thanks to Gina for braving little sleep and for providing such a 
touching testimony about the struggles she and her partner are going 
through…  Thanks to Melanie too for her testimony and for her work 
on this issue.

Cheers,
Amos Lim, Treasurer & Founding Board Member
amos@out4immigration.org
415.742.1626 (new number)

 

IRONY-DU-JOUR taken from Republican Assemblymember JEFF MILLER’S Website - for the 71st District -
Where they care about families and children – they keep kids safe – UNLESS their parents are gay!

PUSH FOR PASSAGE – Out 4 Immigration Deploys….. for UAFA

melanie nathan

If you check and affirm more than one of the following  items listed below, then this Article applies to you:-     

 

 

 

 

 

 

 

 

• Do you believe that all people should be treated equally
• Do you endorse “the right to pursue happiness”  as per the US constitution
• When faced with the choice would you have a hard time chosing between your spouse and your Country
• Do you think the Obama administration can do more for the LGBT community
• Do you think Congress should pass ENDA
• Do you think Congress  end DADT
• and ditch DOMA
• Do you have a heart
• Is it beating in your chest, still  ?     If you got this far…. read on….

 There is so much going on – all the LGBT organizations are putting out uniform calls to action – ENDA-DADT- DOMA – this being the time now! Now!  Now!

In this scrap for your attention, I hear this Hortonesque sound, a speckle of a voice; it is small and it is getting louder.  It is as loud as you want to hear it and so we leave the world of Dr. Seuss and enter Julius Caesar with “friends, Americans, and Countrypersons…lend me your ears….”   Okay this is not funny this is serious, but now that I have your ears in my sack of slack I scream and you hear, “ WHAT ABOUT US?   BINATIONALS – UAFA!”

Binational  is a term coined to denote LGBT spouses/partners who by virtue of US exclusionary laws are treated unequally; whereas straight US spouses have the right to petition under immigration law for fiancé visas and spousal immigration, the US Partner/spouse of a binational couple is not afforded this inherent right and cannot petition for a partner. Hence here is our call to action.  Allies are sought NOW  - urgently. Please speak out for those less fortunate. Those on the UAFA waiting list – because their congress members either know nothing of their plight or are sitting back in Co-sponsor complacency.

The ‘UAFA Waiting List’  is one no one wants to be on – it is one that keeps binational exiles abroad, others in hiding, and inter alia some fifty year olds pleading to stop time so that they are not sixty by the time they get to cohabit with their spouses/partners.

This year a synchronicity of events and increased sponsorship of UAFA gives us hope that maybe we can gain more support in this 111th Congress in a push for passage of the Uniting American Families Act.  We are urging fast and prompt action – where all and anyone can help by contacting representatives and pushing for this legislation.  While binationals are doing their own work, it would make a significant difference if support could be engendered from straight allies, clergy, organizations, state legislatures and of course the LGBT community at large. 

Binational couples need your help. Unlike other unfortunate discriminatory practices against our community, here in the US and abroad, this is the one that either keeps partners apart or forces them to choose between heart and home.

I had the great pleasure this past month working with Out4 Immigration in developing their Grassroots Uniting American Families Act (UAFA) Campaign, manifesting in a comprehensive and invaluable Action Kit.  The Kit introduces the campaign to Out4Immigration’s abundant membership throughout the USA and in Exile, abroad and now I am bringing it to you:

“Thank you for participating in our Out4Immigration Congressional Visits, a coast-to-coast effort where we will meet with our Members of Congress during the August Congressional Recess (August 3 – September 4) to keep pushing for the passage of the Uniting American Families Act (UAFA) and for its inclusion in Comprehensive Immigration Reform. This kit will give you the basic information you need before, during and after your meetings.”

The contents indicate the extent of the collaboration and work by the extraordinary volunteers of the unfunded Out4Immigration.   The forty page Action Kit covers everything needed to guide participants through the process of advocating for the passage of immigration equality and reform;  guidelines for meeting with members of Congress, Talking Points, Do’s and Do Not’s,  Exit Question Checklist, Sample Letter to Request Meeting, List of Senate Co-sponsors, List of House Co-sponsors,  Tri-Fold Brochure, Testimony and Statements from Senate Judiciary Committee Hearing, Fact Sheet on LGBT Immigration and  UAFA– Stories /Related Media Coverage/Articles.

The Group has taken the further step of devising and setting up an all volunteer tracking system as the members report back about their congressional activities.   Not only does this lend credence to a well coordinated effort, but also assists in a comprehensive and organized check list for future coverage and follow-up. 

There are a few dedicated volunteers who have worked vigorously in their contributions to out4I and the cause, to make this month a productive one for the advancement of UAFA.  They know who they are, and you, the rest,  who can further this mission to one of success also know who you are. So I am writing this piece to urge you all, LGBTQI, Straight, bi-national or not, to read the Action Kit and find what you can do to help in what has been a long and arduous struggle for immigration equality.

In the hope that you will come forward and ask your representatives to support UAFA I urge you to read the KIT and be inspired by remarks such as that of Julian Bond of the NAACP in his testimony at the UAFA hearing on June 3^rd, stated:

 “Given all the benefits, socially, economically, and morally, of ensuring that effective family reunification is an integral part of our nation’s immigration policy there can be no question that the NAACP supports an overhaul of current law to ensure that the family preferences policies are functioning well and without discrimination. As I said earlier, the NAACP would also like to stress that the definition of “family” should not be interpreted so stringently as to omit people who are in a loving, committed relationship but happen to be of the same gender.”

This type of positive support is worthless if it sits in isolation. I t is now our duty to utilize such statements to the advantage of UAFA – by bringing this to the attention of every single member of Congress.  Do not be put-off by Republicans or conservative viewpoints.  This is an opportunity to walk into the consciousness of all of America – It is up to us…Good-luck and lets go for it!   Oh and by the way – when you go and speak to your Rep about ENDA, DADT AND DOMA, DONT forget UAFA! Thanks. 

Now that Senator Feinstein has signed on to ENDA she and the other co-sponsors must be urged to immediately sign on to UAFA.

If you have any questions please contact Melanie Nathan or OUT4Immigration through their websites.

The ACTION KIT can be located at  www.divorcemediators.us – fill out form or go directly to PDF.

For more information and a read into the unconscionable hardship suffered by your fellow American citizens/ residents in their inability to Petition for their partners to immigrate to the USA, here are some references:

http://oblogdeeoblogda.wordpress.com/2009/04/15/update-shirley-tan-deportation-out-of-options/

http://www.out4immigration.org/immigration/page.html?&mimid=JXT45G1GQCVR9GUS471KP1QXJRNGC9PC&cid=1130
Out4Immigration Grassroots Action Kit

The Devil suggests: “Binationals you may get screwed”

MY DEVIL IS ADVOCATING ………  

IMMIGRATION EQUALITY (.org) is calling for support of RFA Reuniting Families Act)  The Reuniting Families Act (H.R. 2709)  because it includes Lesbian and Gays.  In this article when I refer to CIR  I include RFA http://hosted.vresp.com/404947/1f3d6f0ec5/135453617/57f5af7acc/

  If the devil did not advocate, success would go unappreciated.  My hope is for the success of Mike Honda’s bill on CIR and that it will include the LGBTQ community in every respect of our right for immigration equality.  It would be remiss for comprehensive immigration reform to refuse our community and hence any such bill penned by a democratic author must include our community, that is a given. But should it distract us?

 Immigration Equality, a leading LGBT organization, performing excellent lobbying work and policy making on behalf of our community, have lobbied on behalf of the preeminent Bill in support of Gay and Lesbian immigration equality, The Uniting American Families Act (UAFA, H.R. 1024, S. 424) and is now also advocating for the support of the Honda legislation. They are extending their support by asking our community to participate in a campaign promoting CIR. In my continuing efforts to advocate for LGBT immigration rights and UAFA and in my representation of Shirley Tan and Jay Mercado, I would be remiss if I did not find my devil to play advocate. 

 If we expend so much time and our limited lack luster resources on advocating specifically for CIR do we risk being sacrificed as ‘lambs to the slaughter’ only to get dumped at the end of the road when democrats make a deal to garnish the hold out votes of few Republicans for CIR?  

 Comprehensive Immigration Reform  **is controversal in itself- why add us to the mix?  There are significant issues which will continue to cause resilience and fragmentation amongst our representatives in Congress including the very friends of immigration reform.  Issues such as amnesty and fines will continue to keep this legislation at bay, religious rights will use as as an excuse to dump all and any reform, whether garnished under family reunification or not.  If we add LGBT to the mix, that could be the savings account used in a trade-off against these issues.   The writing is so on the wall, exemplified by President Obama’s failure to mention UAFA or any immigration reform for LGBT rights today.

 I believe we may be selling ourselves short of UAFA’s strong identity for OUR equality – which if pressed may be the very angle that gets us passage of this critical legislation- especially with support of OBAMA and increasing co-sponsorship?    While we may not see an early accomplishment of CIR, we stand a chance of progressing to EQUAL RGHTS if equality is the issue. 

 Obama is all ears if he hears from us in a BIG  LOUD WAY – the stories – our time should be spent working on the Obama Administration with the help of our representatives specifically to include UAFA for our immigration reform.

 If DOMA is repealed such will in effect beg the very question on the issue of gay marriage in so far as it pertains to immigration reform.  If we can marry only in some States how will the repeal of DOMA help us establish immigration rights without UAFA?   It is not appropriate to ask our community to marry in a non-domicile State that allows same sex marriage, because there are complications when it comes to jurisdiction in matters of divorce- by virtue of residency requirements and ‘locus standi in judicia.  Further how do we know the effect of a repealed DOMA on the wording in any CIR legislation such as RFA as it impacts immigration rights for LGBT partners/spouses?  This is a big unknown. Is the New York based organization, Immigration Equality in working with UAFA and becoming strategically involved in RFA, a bet hedging strategy? Is it possible that we may be ’shooting ourselves in the toe’ by setting ourselves as  the ‘out’  for legislators who may deem it prudent to ask us to wait for passage of the new bill RFA, and thereby have an excuse to shirk direct support and attention to UAFA.   Valuable players who we are still trying to court to co-sponsor UAFA such as Senator Dianne Feinstein should not be provided with this kind of excuse, instead we should be working directly with her staffers to address her concerns, and find solutions for the perceived holes in UAFA – to work to ensure the necessary amendments.  What is the meaning of Immigration Equality’s reference that RFA includes UAFA?

I have a gnawing intuition that the current state of the journey to immigration equality is at great risk if we do not keep our focus 100% to UAFA and if we do not push now while the political climate and shift in power is much improved. 

I am wondering if there has been any collaboration on the questions and concerns I have raised n this piece,  not only on a lobbying level but in the prima facie deliberation between the various organizations involved in the lead on this twofold plan?

 If Immigration Equality (.org) is putting its limited resources into this strategy   will its lobbying efforts for UAFA suffer?  Will the donations to support Immigration Equality (.org) continue if it is assisting CIR rather than maintaining its focus purely on our own community? 

 While I think it is important to bless HONDA, et al, for ‘ doing the right thing’ with  support of CIR legislation and its process, I am not sure that overt lobbying on behalf of CIR by our organizations with our limited resources does anything more than add complexity to the issue and risk the concentrated focus that UAFA requires.   

I truly believe we can get UAFA passed and I also believe that the lobbying will require much more in the realm of re-drafts and additional clauses in alliance with the legislators such asSenator Feinstein.  We should all gather around a massive and coordinated grass root effort to influence our representatives all around this country, with an enormous marketing plan and talking points, without any variance from our ultimate goal. 

For the first time UAFA is receiving main stream attention with articles, news, TV, blogging, social media highlighting stories that many have never been heard. To my way of thinking we are juststarting, given that UAFA was only reintroduced a few months ago.  To deviate is risky and a slap in the face to the progress that has been made in such a short space of time. 

The stories of Shirley Tan and Jay Mercado, Gordon Stewart and Renato, Martha and Lin McDevitt –Pugh of Love Exiles Foundation to name but a few,  are only just starting to provide the attention the issue deserves.  Great strides are being made through the letter writing campaign organized by the San Francisco based all volunteer and grass root organization, OUT4Immigration, gaining ground thanks to the efforts of dedicated volunteers such as Kathy Gina, Belinda , Amos, Mickey, Marina et al.  

 International press has been following Love Exile Foundation at www.loveexiles.org.   The very powerful Marriage Equality group has appointed an Immigration coordinator, Chris Waddling PhD. now forging important alliances.  Shirley Tan, a powerful asset to this cause is receiving an increasing amount of attention and has inspired many to step up to the cause.  Shirley and her family  advocate now  for UAFA – they have been the subject of a story in People Magazine, (40 million readers) many newspaper opeds, news, TV, blogs, articles and her testimony at the Senate Judiciary Committee hearing on UAFA at you tube has received almost 30,000 hits. Time to move forward and add to the momentum.

Resolutions are being authored in State Assemblies around the US in support of UAFA, including the recent one in California (Resolution 15 authored by Rep Kevin de Leon) with a hearing in Sacramento, scheduled for August this year. 

This all said, the devil’s advocate says what if…….?   In listening and hearing we must wake up and not rest on our laurels, let us look for great leaders and not rely purely on non-profit lobbying. We must take responsibility while holding those whom we support accountable for not only their spending of our donated dollars and time, but also for the decisions they are making. 

I look forward to hearing from you all on your thoughts as well as some education if you think I am wrong or misinformed. 

Thanks for your continued support –

** WEBSITE OF CONGRESSMAN HONDA
Rep. Michael Honda to Announce Key Component of Comprehensive Immigration Reform: Reuniting Families
6/2/2009
WASHINGTON D.C. (Today) – Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama’s reform agenda.   Joining the Congressman will be other Members of Congress and supporting advocacy organizations.  Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America’s family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.  “ 

 California Supreme Court ruling on Proposition 8

Statement from California Democratic Party Chairman John Burton :

“Today’s decision, while heartbreaking, doesn’t end the historic struggle for marriage equality. It renews our dedication to making sure all California families can again enjoy the dignity, commitment and responsibility of marriage.

I commend the California Supreme Court for validating the rights of the 18,000 lesbian and gay couples who married last year before Proposition 8 passed. These couples and their children will continue to enjoy the full security and legal protection of marriage.

Within the next few years, I know California will restore legal, civil marriages for gay and lesbian couples. The California Democratic Party will play a leading role in ending marriage discrimination in California and I look forward to the day when that happens.”

Spot the mistake!

TODAY I WROTE TO CHAIRMAN BURTON POINTING OUT THE VERY SERIOUS MISTAKE IN HIS ANNOUNCEMENT:

Dear Chairman Burton;

It is with much respect that I must point out the inacuracy reflected in your statement today. As I fall into the ‘anomylous’ (my word) category of the 18,000 acceptable gay marriages, I believe I am bound to call for an amended announcement that provides an accurate depiction of the impact of gay marriage in any State, be it California or elsewhere.   My assertion is that nowhere should it ever be mentioned that any one single lesbian or gay married couple has security in this country, until DOMA is is repealed and/or Immigration rights are provided equally to every married American.  To say we enjoy security is a complete misstatement of the facts.  As a married Californian, I am missing 1,038 Federal rights that straight married couples receive. As a married Californian, I am unable to petition for my California Spouse to remain in the country where our children were born. I think this is a great opportunity to educate your members about the impending hearings June 3rd  where for the first time UAFA (Uniting American Families Act) will have its day before he Senate Judiciary Committee.

I trust that you will take this email seriously.

Thank you for your kind attention to this.

In Solidarity,

Melanie Nathan
PRIVATE COURTS, INC.

Another Breaking News…. UAFA – Senator Leahy

10. 41 AM PDT ;  Senator Leahy’s office announced today that there will be a hearing in front of the Senate Judiciary Committee regarding Uniting American Families Act (UAFA).  Please stay tuned.      Scheduled for June 03, 2009 in D.C. I will be travelling to DC to attend.   
                                                                                      

 NOTICE OF COMMITTEE HEARING

The Senate Committee on the Judiciary has scheduled a hearing on “The Uniting American Families Act: Addressing Inequality in Federal Immigration Law” for Wednesday, June 3, 2009 at 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.         By order of the Chairman

See Immigration Equalities Announcement

Please inform your representatives about the hearing.  Perhaps bi-national couples should flood their Senators with requests that their stories are told or submitted.  Acr Now.  If you need help contact me:

HOW YOU CAN HELP:
1. Contribute to Binational Advocacy Fund – see details below
2. Write your Congress person and Senator and tell them you are excited about the UAFA HEARING by Senator Leahy scheduled for June 03, 2009; Cut and Paste or use below as a sample letter;
3. Travel to DC on June 3rd  – to support the hearing – contact Immigration equality and ask how you can help once there, or organize as many people as you can to stand outside your Reps office with signs saying
“UAFA is Urgent; Support UAFA Now!” There will be Press and your presence is encouraged. Keep an eye out here and on Immigationequality.org site for any information.

Melanie Nathan
415-488-1611
nathan@privatecourts.com

Note: We  are working on another case where a binational woman is suffering seriously in detention.     If you are able, please contribute to a Fund to Help her and other Bi-Nationals  so that the work we do on their behalf can continue to be pro bono. Contributions are used to pay personal advocacy expenses:
Private Courts Inc.
Binational Advocacy Fund
PO Box 1108
Woodacre, CA  94973.

 

Dear Representative/ Senator(inser name)
I am very pleased that Senator Leahy has announced a Judiciary Committee hearing for June 3rd on the issue of Uniting American Families Act, (UAFA, H.R. 1024, S. 424.)  I respectfully request that your office do whatever it can to support this hearing  and the quest for passage of UAFA, on our behalf, either by obtaining written testimony from our state constitutents currently forced into exile to be with their spouses/ permanent partners as a result of exclusion under the Immigration Laws in our Country; by co-sponsoring the bill and calling on your colleagues to do so too; by contacting Senator leahy to express support and thank hom on behalf of us, your consituents.”

Your name and address.

Queercents shuts down new blogger’s first blog to comments….

What makes me mad

 

Have you ever heard of an editor closing the comments down on a Blogger’s  post?  Serena Editor of QueerCents did just that, and I quote:

 “Serena Says:  May 7th, 2009 at 12:47 pm  Editor’s Note: Due to the nature of many of the comments on this thread, comments have been disabled for this post. For a clarification of our commenting policy, please read our disclaimer and commenting policy. “

The context:   Under current immigration law, committed same-sex foreign partners of US citizens are unable to use the family immigration system – a system that accounts for a majority of the green cards and immigrant visas granted annually by the US.  According to the most recent census, approximately 36,000 bi-national, same-sex couples are living in the US. The Uniting American Families Act (UAFA) would ensure that the family connections valued under immigration law are extended to lesbian, gay and bisexual individuals.

UAFA would allow lesbian, gay and bisexual Americans and permanent residents to sponsor their foreign-born partners for legal residency in the US. The bill (H.R. 1024), introduced on February 16th, 2009 by Senator Patrick Leahy (D-Vt.) in the Senate and by Jerrold Nadler (D-N.Y.) in the House, would add “permanent partner” and “permanent partnership” after the words “spouse” and “marriage” in relevant sections of the Immigration and Nationality Act.

 Yasmin Nair describes herself as an academic, activist, and writer.”  Which, she states, “ simply put, means that she struggles to pay rent while living the glamorous life of a freelance writer. Her work appears in Windy City Times, where she is a book reviewer, columnist, reporter, and photographer.” Uhuh  supposedly she “speaks explicitly about and for sex, and identifies herself as a queer lesbian who loves cock. ”  (Expression of Gay man or straight woman? I dont know I AM a lesbian – how would I know.)

She gets her first ever post on QUEERCENTS blown up…… did she think she could hide from the real activists?  Her  post can be viewed at QUEERCENTS :  http://www.queercents.com/2009/05/04/uniting-american-families-act-facts-fiction-and-emotions/ Actually not easy to to find on the Blog site.

She titles the BLOG: Uniting American Families Act: Facts, Fiction, Money and Emotions -Posted by: Yasmin @ 4:23 pm and then slaps off sme crap that bears no thesis and no conclusion that remotely relates to the Title, which in my assumption was crafted in the hope that her quest to denounce UAFA, would fit into this unrelated forum .

So anyway this Nair,  the activist then expounds the ‘dis-virtues’  of Uniting America Families Act, purports compassion in responses, but fails, even when others beg for answers, to provide alternatives.  The narcissistic attempt to thwart this legislation is tainted beyond measure with flaws and contradictory messages.  Our Chicago academic cannot make a case for her unfounded notion that UAFA would be bad for us. 

 She prefaces her blog – “NOTE: The information presented here is based on research, community discussions, and conversations with lawyers.  It does not constitute  legal advice.  If you or someone you know has legal issues like the kind discussed here, please seek the expertise of a qualified attorney. This is the first of a series on immigration reform and its effects on the LGBTQ community. “        

 Sheez I cant wait for the rest of the series or is it dead in the water Serena what do you think?   The only quote I recall in Ms Nair’s post is a one and a half page article in People Magazine – none of the updated quotes or articles are referenced and Ms. Nair attacks Ms. Tan based on this flimsy notation.  What about the research she alludes to in her preface?  and so she posts:-    http://www.queercents.com/2009/05/04/uniting-american-families-act-facts-fiction-and-emotions/ 
YASMIN NAIR SAYS ON QUEER CENTS BLOG (QUOTE)
  “Shirley Tan came here in 1986 as a tourist. Then, she overstayed her visa, supposedly after meeting her female partner Jay Mercado who was, like her, originally from the Phillipines.  Mercado is currently a citizen, but Tan is still undocumented.  They have been domestic partners for a while, according to a People article, and even wed in 2004.  Tan gave birth to their twin sons who are both citizens.  In 1995, Tan applied for asylum because, in 1979, according to her, a cousin shot her in the head and killed her mother and sister. In 2002, ICE (Immigration and Customs Enforcement) served Tan with an order of deportation, but the couple claim to never have received it.  Finally, this year, on January 28, ICE agents showed up at the couple’s Pacifica California home and arrested her.  Today, after a flurry of press coverage, comes the news that her order of deportation has been stayed through 2010 and a private bill on her behalf has been issued in Congress. 

Immigration Equality and other supporters of Uniting American Families Act (UAFA) have made Shirley Tan and her family members the poster children for a piece of legislation that, they claim, would guarantee that binational couples like the Tan-Mercados are able to stay together.  Why is this important?  Under existing law, in many circumstances, heterosexual married citizens or permanent residents are able to sponsor their partners for immigration….. :  AND SHE GOES ON…..

Then she she says she is against UAFA for a number of reasons, QUOTING AGAIN,  ”not the least of which is this: even if immigration through marriage/permanent partnership is a solution, who says it’s the ideal solution anyway?  And why push for a law that guarantees rights to a privileged few while leaving the plight of others unquestioned? ” Is this , Ms. Nair a GOOD REASON FOR DISCRIMINATION?

Nair goes on to say,  ”As an immigration rights activist,( LOL)  my concern is with comprehensive immigration reform (CIR).  The current immigration crisis has come about because the United States feeds on cheap labor and the exploitation of millions, the very people it chooses to dispose of quickly and crudely via the mechanisms of raids and deportations.  It does this because it knows that there is more cheap labor to be had because of the conditions of “free trade” it has created, conditions that guarantee a breakdown in the economies of countries like Mexico.  These conditions, in turn, guarantee the flow of people desperate to find a living here.”  Ok so I ask Nair, is another reason to deny equality to LGBT through UAFA?   AND FURTHER  states :-     “you know the ones we mean – the day laborers who move from job to job, underpaid and overexploited; the low-paid workers who build suburban houses for us on the cheap as opposed to living in them, and so on.”   (What a ridiculous assertion- of course Rachel Tiven is concerned about all immigrants, however it happens that her organization advocates for Lesbians and Gay couples who do not have rights equal to straight  couples.)

Ok enough: So I wrote a response:-

 Melanie Nathan Says: On the Queer Cents Blog:
May 6th, 2009 at 10:49 pm  QUOTING Myself ON HER BLOG:     
“Share and Enjoy” you say – how can I when you insult my client, and my own right to equality..

“…..and not all straight marriages are automatic routes to citizenship…..” and therefore I presume Jasmin , that you intend that to mean that lesbian and gay couples ought not have an equal opportunity to not have this route marriage…..okay maybe I am stretching what may be unintended interpretation of your statement, but as a blogger and the person who played a pivotal role in obtaining the introduction of Private Bill # 867 for Shirley Tan and her family, kindly allow me to make some corrections to the mistakes and inaccuracies in your reporting:
1. “Phillipines” is spelt ‘Philippines’;
2. “Mercado is currently a citizen, but Tan is still undocumented” –Inaccurate – Tan has always had a valid work permit;
3. Jasmin’s misrepresentation: “1995, Tan applied for asylum because, in 1979, according to her, a cousin shot her in the head and killed her mother and sister.” Shirley Tan came to the USA when the person who shot and beat her to near death and murdered her mother was released from prison due to political connections. She was not safe. We brought the case files, prison record and hospital files from Philippines to prove her story to Senator Feinstein- there is no doubt as to the validity of these facts – you may effectively delete the “according to her.”

4. You say: “ In 2002, ICE (Immigration and Customs Enforcement) served Tan with an order of deportation, but the couple claim to never have received it.” I am informing you that in April, prior to receiving the Private Bill, ICE withdrew the deportation order on the basis that Shirley had never been served with the deportation order. That is tantamount to an admission. So her status is legal and not illegal. She was then given a few weeks to voluntarily leave the USA, by May 10th; Dianne Feinstein introduced the PB on 4/22.

5. Then you say: “Today, after a flurry of press coverage, comes the news that her order of deportation has been stayed through 2010” ; There was a great deal more work than mere press coverage; this is from the horses mouth. Personally I worked non-stop for five weeks, ten hours a day exclusively and pro bono on this case. Then almost every LGBT organization with Immigration Equality concerns chipped in their talent and efforts. You have to be quite naïve to think that it was merely press and “abra cadabra shim shalabim” a private bill; pow! You say you research and speak to attorneys etc. You sure did not speak to me; nor did you speak to Shirley – nor did you speak to anyone. You read a one page article in People magazine; well at least that is all you quote.

6. Jasmin, Jasmin, Jasmin – this takes the cake. …. “upstanding suburbanites. Why, she’s even a stay-at-home soccer mom! Rachel Tiven of Immigration Equality drives the nail home in a quote: “They are exactly the kind of people you want living in this country.” Right. The others can just rot in hell” Well that is an inflammatory and insulting statement – Rachel Tiven and others at IE work very hard for equality, whether you agree with the legislative format or not. There are many organizations that work for immigrant rights, it so happens that Immigration Equality, has LGBT immigration equality as their mission statement. The donors and funding for this non-profit expect their money to be used in terms of their mission statement. To think that advocating for one person or a group precludes help or concern for the others is simply a ridiculous notion and in no way helps to support your argument.

7. He rest of what you posit , staring with “This is only my first problem with UAFA – it doesn’t really change the paradigms of immigration. It fixates……” is simply a load of nonsensical hogwash and your entire posting begs the question…. EQUALITY.

8. UAFA simply provides language to correct DOMA, which akin to apartheid serves to institutionalize discrimination. Whether you agree with the legislation or not, you miss the entire point. Equality Under the law. The language of UAFA equates same-sex couples to different-sex couples and that is it. The opportunities for fraud are there whether gay or straight. Fraud comes with huge consequences and many straight people have been deported or fined as a result. To deny legitimate couples their rights simply because others break the law is a disingenuous argument and discriminatory in itself.

9. As far as CIR- Reunification of Families and the Honda initiatives, hopefully this too will include Lesbian and Gay families after all why should we be discriminated against.

10. I too am a binational couple. The consequences of my not being able to sponsor my wife resulted in me having to choose to leave my country with the love of my life (for past eight years) and our 4 year old daughter whom we had together or to stay in the US with my 11 year old child who I share custody of with an ex. What would you have done? . Had I been straight, the passage of the law you deny as relevant would have been MY BEST PATH to her immigration and keeping our family in tact. Fortunately we managed with 12 hours left to illegality, $15,000 in legal fees later, and stress beyond belief to complete our process that kept her here.  

PLEASE DO NOT TELL ME or my friend Martha who is living in exile ( loveexiles.org) that you think UAFA is a bad idea. It is irresponsible, unproductive to equality as well as to the fight on behalf of all immigrants, not to mention he lack of merit both de facto and de jure in your argument.

That said I invite you and your readers to my blog (www.oblogdeoblogda.wordpress.com) Read the post on Bill #867, Shirley’s Bill and note that this gay issue provided a forum for Senator Dianne Feinstein’s first ever public mention of the PLIGHT OFF ALL IMMIGRANT CHILDREN AND FAMILIES; she acknowledges in essence the support of Reunification and CIR and it was Shirley Tan and her courage that for the first time shows a marriage, if you will, between the unfairness of all Immigration Law as it pertains to gays and straights.

Because you are ‘ an immigration activist’ I encourage you to seek harmony and unity in your efforts, rather than looking for divisive means to make your point– even if you disagree with the form of legislation please do not put down the courageous fighters amongst us and please do not stand in the way of my right to equality. Melanie Nathan

————————— 
Yasmin NAIR responds to Melanie – there are many responses by the way which can be read on the QueerCents Blog. 

Yasmin Says:
May 7th, 2009 at 5:26 am John and Mattilda,  
Thanks for your comments, and for the tenor of your posts! Let me take this opportunity to thank everyone who has written, even in disagreement, in a tone that’s fitting for public discussion. Many of you who’ve disagreed have still managed to do so in a productive way, and I hope that will continue.

Madison,
With all due respect, I suggest you write your own blog and not use the comments section to do so.

Melanie,
I think it’s hilarious that you correct my spelling of Philippines, but keep referring to me as Jasmin. Multiple times.

I’m really, really glad I’ll never have to call on your services (although I’m not sure you’re her lawyer – a blogger and a person involved in introducing the bill – what does that make you, exactly?) Your inflammatory language and vituperative tone are not helping anyone, and it really doesn’t help your reputation. DOMA is akin to apartheid? I know an entire country, South Africa, that might beg to differ.

As for the facts of the case, um, if you have any issue with what I presented, go talk to the People Magazine reporters.

 I cited the article quite emphatically. I’m not sure how to break the news to you but this is …
a BLOG! Part of the blog’s point is to use a case that’s emblematic of the issue at hand and then to discuss the issue.

It’s interesting that you criticize me for not having contacted you — after having just shown that your temperament here shows why that would never be a good idea (and you still haven’t indicated who you are, exactly, ahem) — and then you go on to happily and unethically combine my critique of UAFA with some imagined personal criticism of Shirley Tan.

My point here was to look at the representation of an “ideal/good” family and then ask us to look UAFA more closely. This was not meant to be an airing of your client’s perspectives (and again, in what capacity are you acting on her behalf, exactly?). You need to do that job, not me. And, by the way, you need to do it elsewhere, not here.

Have I already mentioned that your tone is vituperative and quite unlike what someone’s public advocate should adopt? I know dozens of lawyers, and none of them would do what you just did, in the tone you just used. I also know a lot of advocates and publicists, and none of them would do what you just did, in the tone you just adopted. You’re just screaming at me.”

Then when I go back to respond CUT CUT CUT…. no more.

Now I was not the only one who did not agree with her. I think out of 44 responses (excluding her own defensive responses) no one agreed or understood what the heck she was saying.  

Anyway Madison, Great Blog too – you did it justice on this one   

http://lotusopening.blogspot.com/2009/05/yasmin-nair-eat-this.html

 

OH SAY…..

AMERICA THE LAND OF THE FREE

THE GREATEST NATION IN THE WORLD

THE HOME OF EQUALITY FOR ALL

SHIRLEY’S BILL # 867 -introduced – by Senator Dianne Feinstein

MY COMMENTS – Melanie Nathan.   (Private Courts, Inc.)

All I can say is wow.  I read the wording of the Bill and was astounded by its implications, not just for Shirley Tan but for the entire immigration community, and the Lesbian and Gay, Same-sex couples community.  This Bill ties us together as allies with a common cause; our children!  This is an opportunity for Gay and straight organizations and concerned citizens to form alliances – to support each other to protect our kids. No child should be separated from a parent and no American child should ever be ordered to depart this Country. 

 In fact that brings me to the fact that NO AMERICAN should be forced to leave this Country simply because they love another person of the same sex.  This is a human rights issue – once a citizen is compelled to exile.  At home its an issue of discrimination, of apartheid – its unconscienable to force an American to leave his/her job, home, career, language, family and of course I can go on,.  

Please read the wording of this amazing BILL. I take off to Senator Feinstein and note her courage in many aspects of this BILL.  Although it does not help the  myriad (36,000) binationals living  in fear or exile, it places before the congress expressions of  dismay, expressions of concern and flagrantly points out the fact that the USA does not have laws to “protect married people.”   Even though the Senator falls short of referring to Jay and Shirl as a lesbian couple, she alludes to the fact; after all what other type of couple could possibly be married and not have a right to petition for the non-citizen spouse!  Very interesting anomaly.  Here maybe for the first time, ever, we have mention in congress, of gay marriage, expressed  in legitimate terms!  

Then ther is this maybe also rare mention by Senator feinstein of the plght of immigrants in general.

All said and done – this points to the desperate need for the passage of the UAFA – Uniting American Families ACT.  It has got to happen.   Even though I was the person who initially contacted Senator Feinstein’s office requesting a PB for Shirley Tan,  I know that it cannot be done for everyone.  The only legitimate floodgate will be UAFA. 

Please read the BILL which I have copied below. I will also provide the link so it can be read in its original PDF format.    It is absolutely fascinating and I simply cannot say enough in thank yous to the Senator and her extraordinary staff.  I will also soon be displaying some of the amazing letters of support. 

By Mrs. FEINSTEIN:

S. 867. A bill for the relief of Shirley

Constantino Tan; to the Committee on

the Judiciary.

Mrs. FEINSTEIN. Mr. President,

today I am introducing a private relief

bill on behalf of Shirley Constantino Tan. Ms. Tan is a Filipina national living in Pacifica, California. She is the loving mother of 12 year old U.S. citizen twin boys, Jashley and Joreine, and the spouse of Jay Mercado, a naturalized U.S. citizen. I have decided to introduce a private bill on Ms. Tan’s behalf because I believe her removal from the U.S. would cause undue hardship for her and her family. Without this legislation, ( my notes: because there is no law for same-sex couples – if tere was this would not be the case- we need UAFA) this family will be separated or they will be relocated to a third country where Ms. Tan’s safety and her children’s wellbeing may be at risk. I believe Ms. Tan merits Congress’ special consideration for such an extraordinary form of relief as a private bill.

Before coming to the U.S., Ms. Tan experienced tragic hardship in the Philippines after her mother and sister were murdered by her cousin. Ms. Tan was only 14 years old at the time and the violent assault left her with a bullet wound in the head. Although the cousin who committed the murders was eventually prosecuted, he received a short sentence and his impending release from jail in 1990 compelled her to leave the country out of fear for her safety. Ms. Tan legally entered the U.S. on a visitor’s visa in 1989.

 

Ms. Tan faces deportation today in part because of the negligence demonstrated by her previous counsel. Ms. Tan applied for asylum in 1995. After years of appeals, the attorney received a brief from the Board of Immigration Appeals, BIA, outlining the Government’s position on Ms. Tan’s case. The attorney, however, failed to submit a

reply brief in her client’s favor and, in May 2002, the case was dismissed and Ms. Tan was granted an order of voluntary departure from the U.S. Ms. Tan should have received notice of the voluntary removal order from her attorney. However, the attorney had moved offices, did not receive the order, and failed to inform Ms. Tan of the information. As a result, Ms. Tan did not depart the U.S. and the voluntary removal order against her became a deportation order.

 

The first time that Ms. Tan received notice of the deportation order was on January 28, 2009, when Immigration and Customs Enforcement officers appeared at her home and took her into custody. In effect, Ms. Tan was denied the opportunity to adequately represent herself in U.S. immigration proceedings as a result of her attorney’s negligence.

Ms. Tan has since filed a complaint against her former attorney with the State Bar of California. A previous complaint has also been filed against the same attorney with the California Bar for similar misconduct. One of the most compelling reasons for permitting Ms. Tan to remain in the U.S. is the impact that her deportation would have on her two U.S. citizen minor children, Jashley and Joreine. These children are currently seventh graders at Cabrillo Elementary School in Pacifica, California, where they have made the honor roll. In letters to me from two teachers at Cabrillo Elementary, Jashley and Joreine were described as ‘‘ideal’’ students—‘‘the kinds of kids that make my job feel easy.’’ One of the teachers described their mother, Ms. Tan, as a highly-involved, ‘‘model’’ parent, one who ‘‘attends every conference, drives on field trips and consistently checks in with her boys’ teachers and the rest of our staff to make sure Jashley and Joreine continue to be successful.’’

 

However, if Ms. Tan is forced to leave the United States, this family has stated that they would follow her to the Philippines or relocate to a third country to avoid their separation. This means that Jashley and Joreine will have to cut their education short and have to leave the U.S.—their birthplace and the only country they know to be

home.

 

All too often, young U.S. citizen children like Jashley and Joreine are being put in this position when one or both of their parents may be removed from the United States. A January 2009 report by the Department of Homeland Security Office of Inspector General found that, over the last 10 years, 108,434 immigrants who were the parents of U.S. citizen children were removed from this country. A separate report completed this year by Dorsey & Whitney LLP to the Urban Institute affirms what many of us know—that the removal or deportation of a parent is deeply traumatic and causes long-lasting harm to U.S. citizen children. For families that have no choice but to leave the United States as a unit in order to stay together, this has life-altering consequences for U.S. citizen children. Besides the fact that these children lose the opportunities that come with being raised in the United States, these children are more prone to anxiety, depression, eating and sleeping disorders, post- traumatic stress disorder, and behavior changes. This is the situation facing the Tan family.

 

While her marriage was legally performed under California law at the time, Ms. Tan cannot take steps to legally adjust her immigration status…..

This continues:   SEE THE BILL PDF……………….

http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=S4584&dbname=2009_record

To our Senators who can make a difference – can you look at this American child and say no?

Press Release Shirley Tan

MARRIAGE EQUALITY USA, OUT4IMMIGRATION, AND LOVE EXILES REPORT:

SHIRLEY TAN GIVEN DEPORTATION REPRIEVE

Media Contacts:
Molly McKay, Media Director, 510-332-0872, media@marriageequality.org
Chris Waddling, 415-810-7556, binational@marriageequality.org
Amos Lim, amos@out4immigration.org
Martha McDevitt-Pugh, mcdevitt@xs4all.nl

San Francisco, California “This is a good day for this family, but their fight is not over,” said Chris Waddling, Binational Couples Outreach Director for Marriage Equality USA.  Shirley Tan, the California mother of two who was to be deported April 3^rd has been given a stay of deportation until April 22^nd pending the possibility of further action.  Thanks to the heroic efforts of her counsel, Melanie Nathan, lawyer Phyllis Beech, Rep. Jackie Speier [CA-12], Senator Dianne Feinstein, and Immigration Equality’s Julie Kruse, Ms Tan, her wife of 23 years, U.S. citizen Jay Mercado, and their two sons will not be saying goodbye to one another just yet.

 The right to sponsor Ms Tan has been cruelly denied Ms. Mercado throughout their long relationship.  Like some 36,000 binational couples in the U.S. and around the world, had they been in a heterosexual marriage, Ms. Mercado would have sponsored her spouse for permanent residency long ago.  However, because all Federal law is written in a way that explicitly excludes same-sex couples from enjoying 1,138 benefits of marriage, Ms. Mercado and Ms. Tan have not been able to enjoy one of these benefits, and have had unfair and unequal treatment under the law as a result.  Should Ms. Tan ultimately find herself deported, her family will have to make the difficult decision of whether to stay in the U.S., the children no longer able to be with their own mother, or to leave behind the only life they have known.

 Had a law like the Uniting American Families Act (H.R. 1024; S.424), currently in committee in the house and senate, been on the books, this family would be happily living their lives like any other family.  Instead, they fear being torn apart because the heads of their household are two people of the same gender.   “Passage of the Uniting American Families Act by Congress has got to happen sooner, not later,” said Waddling, “so that good, hardworking American families like the Tan-Mercados are not criminalized simply because their household is headed by two people of the same gender.”  The family’s representative, Melanie Nathan, said, “The fight is still on and we should not let our guard down, but right now, we owe a very special thanks to Rep Jackie Speier and her extraordinary staff.”

 Marriage Equality USA whole-heartedly supports all efforts to save Ms. Tan from deportation, alleviating her and her family of the egregious errors perpetrated by her previous lawyer, the grave, personal danger she faces in returning to the Philippines, and the hardship that her deportation would place on her, her American partner Jay Mercado, and their two sons.   We also urge voters to contact their representatives in Washington to urge them to not only support the Uniting American Families Act, but to push for hearings on it this calendar year, to ensure that no more Americans have to choose between their country and their partners.

 

 

Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation.  For more information, go to www.marriageequality.org.

Save Shirley Tan Urgent – deportation set for 4/3/09

March 27, 2009

Help us Please – twin boys beg for Mother’s rights

 This picture was taken before Shirley Tan knew that she was in fact out of legal status in the USA. The family had requested a visit to the White House and were apparently cleared – while there was an deportation order in effect. They had no idea!  LESBIAN MOTHER FACES DEPORTATION

IMMIGRATION RIGHTS IN THE USA - Why should our Children Suffer? by Melanie Nathan - breaking news…
Shirley Tan will be deported on April 3^rd 2009.   The only way she can stay in the country is if a private bill is passed by congress or her case is adjudicated to be reopened, the latter which may not happen in time to prevent the deportation.   (see erlier post on 3.27/09) http://oblogdeeoblogda.wordpress.com/2009/03/27/family-to-be-torn-apart-due-to-failure-the-us-laws-to-protect-equally/

 http://www.advocate.com/news/

We now are hoping for the passing of a special private bill by congress.  If you are in support of this, and want to help this family,  please send a supporting letter via e-mail to Senator Feinstein c/o Melanie Nathan -at

nathan@privatecourts.com

Also please mention the name of your congressperson , your district and your Senator/s

thank you.

media picking up this heart wrenching story 

http://news.newamericamedia.org/news/view_article.html

SF GATE

AARP

IM.Q.US

MIKE TIDMUS

TENEMENT MUSEUM –

http://tenement-museum.blogspot.com/2009/03/immigration-now-facing-deportation.html#comment-form

THE ADVOCATE

 http://fridae.com/newsfeatures/article.php?articleid=2436&pageno=1&viewarticle=1&searchtype=all&cat=&title=Filipino%20lesbian%20mother%20faces%20deportation%20from%20US

FRIDAE ASIA