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Congressman Nadler and Senator Leahy Fight for LGBT Immigration Equality

Congressman Jerrold Nadler (NY-08), Chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, and Senator Patrick Leahy (VT), Chairman of the Senate Judiciary Committee, today introduced the Uniting American Families Act (UAFA). Their legislation would allow Americans in a same-sex relationship to sponsor their "permanent partners" for legal residency in the United States, a right currently afforded only to opposite-sex couples under immigration law.


"Our bill recognizes that American families come in all shapes and sizes," said Rep. Nadler. "Our laws should work to keep loving families together and not tear them apart. This is a matter of basic fairness and compassion. I am proud to work with Senator Leahy on this issue. We simply ask that gay and lesbian Americans in loving, committed relationships receive the same treatment as everyone else."

"The promotion of family unity has long been part of Federal immigration policy, and this bill promotes that principle by providing all Americans the opportunity to be with their loved ones," said Senator Leahy.  "Our immigration laws treat gays and lesbians in committed relationships as second-class citizens; this injustice needs to change.  It is the right thing to do for the people involved, it is the sensible step to take in the interest of having a fair and consistent policy, and I hope that Congress will act to help demonstrate our Nation’s commitment to equality under the law."

Rep. Nadler and Sen. Leahy noted that because the U.S. does not legally recognize same-sex couples and their children as families, many same-sex bi-national couples are torn apart when one partner lives in the United States.

The Uniting American Families Act would add the term "or permanent partner" to those sections of the Immigration and Naturalization Act that apply to legally married couples. "Permanent partner" is described as an adult who is in a committed, intimate relationship with another adult in "which both parties intend a lifelong commitment." UAFA would afford equal immigration benefits to permanent partnerships – but would also apply the same restrictions and enforcement standards.

For example, if a person is found to have entered into a fraudulent permanent partnership for the purposes of obtaining a visa for another person, they will be subject to the same five year maximum imprisonment, or $250,000 maximum fine, or both, as a person who contracts a fraudulent marriage would. The bill also requires that bi-national couples provide ample proof that they meet the definition of "permanent partners." The bill has drawn considerable bipartisan support.

At least 16 countries currently allow residents to sponsor same-sex permanent partners for legal immigration, including Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South Africa, Sweden and the United Kingdom.

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