Congressional Hispanic Caucus Supports LGBT-Inclusive Immigration Reform

The Congressional Hispanic Caucus (CHC) today released their framework for immigration reform. One Nation: Principles on Immigration Reform and Our Commitment to the American Dream addresses a number of key principles and constituencies. Section 2 explicitly covers bi-national, same-sex couples, stating that the CHC will:

Protec[t] the unity and sanctity of the family, including the families of bi-national, same-sex couples, by reducing the family backlogs and keeping spouses, parents, and children together.

CHC has made a crucial commitment to ending discrimination against bi-national, same-sex couples who currently face an untenable immigration situation because the federal government fails to fully recognize their families. “One Nation” and legislation in Congress known as the Uniting American Families Act (UAFA) serve as meaningful steps toward keeping these families together. UAFA allows same-sex “permanent partners” to be united legally through the US immigration process, making them eligible for green cards and immigrant visas. To protect against abuse, UAFA imposes the same penalties for immigration fraud as those currently imposed on married heterosexual couples – and in some cases sets the bar higher for same-sex couples.

PFAW enthusiastically supports the “One Nation” commitment to LGBT equality.

PFAW

Is That Bryan Fischer or Mitt Romney?

Earlier this week, PFAW’s Right Wing Watch caught this rant by American Family spokesman and all-purpose bigot Bryan Fischer, who declared on his radio program that American Latinos voted Democratic in record numbers this year because “they want big government goodies.”

 Hispanics are not Democrats, don’t vote Democrat, because of immigration. That’s not the main reason why they vote for Democrats. It doesn’t have anything to do with lax immigration policy. It has to do with the fact that they are socialists by nature. They come from Mexico, which is a socialist country. They want big government intervention. They want big government goodies. It’s primarily about that.

Now, they want open borders, make no mistake, because they’ve got family and friends that they want to come up and be able to benefit from the plunder of the wealth of the United States just as they have been willing to do. Republicans can pander all they want to Hispanics, to immigrants, and it will not work. There is no way on Earth you’re going to get them to leave the Democratic party, it’s one reason we’ve got to clamp down on immigration.

Fischer’s racist diatribe echoes generations of right-wing innuendo about “handouts” for minorities. It also, as it happens, lines up pretty closely with the worldview of 2012 Republican presidential nominee Mitt Romney. In a call with donors today, Romney blamed his presidential loss on the “gifts” President Obama offered to African Americans, Latinos, women and young people. What “gifts” did he mean? Universal health care, contraception coverage, college loans and the DREAM Act.

The New York Times reported on the call:

A week after losing the presidential election to President Obama, Mitt Romney blamed his overwhelming electoral loss on what he said were big “gifts” that the president had bestowed on loyal Democratic constituencies — including young voters, African-Americans and Hispanics.

In a conference call on Wednesday afternoon with his national finance committee, Mr. Romney said that the president had followed the “old playbook” of wooing specific interest groups — “especially the African-American community, the Hispanic community and young people,” Mr. Romney explained — with targeted gifts and initiatives.

“In each case they were very generous in what they gave to those groups,” Mr. Romney said.

“With regards to the young people, for instance, a forgiveness of college loan interest, was a big gift,” he said. “Free contraceptives were very big with young college-aged women. And then, finally, Obamacare also made a difference for them, because as you know, anybody now 26 years of age and younger was now going to be part of their parents’ plan, and that was a big gift to young people. They turned out in large numbers, a larger share in this election even than in 2008.”

….

“You can imagine for somebody making $25,000 or $30,000 or $35,000 a year, being told you’re now going to get free health care, particularly if you don’t have it, getting free health care worth, what, $10,000 per family, in perpetuity, I mean, this is huge,” he said. “Likewise with Hispanic voters, free health care was a big plus. But in addition with regards to Hispanic voters, the amnesty for children of illegals, the so-called Dream Act kids, was a huge plus for that voting group.”

Sure, Bryan Fischer is more willing than Mitt Romney to say outright racist things. But the content of what they’re saying is pretty much the same. Bill O’Reilly put it even more clearly when he opined that “traditional America” was being lost to people of color who “want stuff.”

I have to guess this is not going to be the way for Republicans to win back non-white voters, women and young people, all of whom have been fleeing their party in droves.

PFAW

Election Is Mandate for Policies Grounded in Progressive American Values

One of the few things that Barack Obama and Mitt Romney agreed on during the campaign for the presidency was that this election was a choice between two very different visions of America, two very different directions for our country's future. The American people have made their choice -- a resounding victory for President Obama and Vice President Biden and a mandate for their policy agenda.

The Constitution, the Role of Government and the Common Good

In reelecting President Obama, Americans embraced the need for effective, vigorous government action to protect the rights, interests, health and well-being of every American.

In rejecting Mitt Romney and Paul Ryan, Americans rejected the notion that our communities and our country would be better off with a drastically restricted federal government demanded by the Tea Party and a "you're on your own" philosophy represented by Paul Ryan's budget.

Romney picked Ryan as his running mate for a reason -- it was a full embrace of the Tea Party wing of the GOP. The public looked at Ryan's record and his positions and said, "no thanks." John Boehner tried to reassure his Tea Party caucus with election-night bluster about taxes, but the American public had a very clear choice on economic policy. President Obama's call for the wealthiest among us to contribute their fair share to our economic recovery carried the day.

Voters embraced a sense of national purpose expressed by the authors of our Constitution: "in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." Voters rejected the cramped and twisted interpretation of the Constitution promoted by small-government extremists.

Equality Under the Law

Voters also embraced constitutional values such as equality under the law, and rejected the call to turn back the clock on progress toward equality for LGBT Americans. President Obama urged voters in Maine, Maryland and Washington State to vote for marriage equality, and encouraged Minnesotans to reject an anti-gay constitutional amendment. Three states were wins for equality, and Washington appears headed in that direction. These victories should give new support to President Obama's backing for marriage equality and new momentum to efforts to overturn the Defense of Marriage Act. Mitt Romney, in contrast, pledged to strip the freedom to marry from same-sex couples and write discrimination into the Constitution.

The Supreme Court, Individual Rights, and Democracy

Another thing that the Obama and Romney campaigns agreed on was that this election would also determine the future direction of the Supreme Court. Both candidates made their approaches to the Court clear -- Obama with his nominations of the widely respected Sonia Sotomayor and Elena Kagan, Romney with his choice of right-wing ideologue Robert Bork to head his judicial advisory team and his pledge to appoint nominees in the mold of the court's backward-looking conservative activists.

The Citizens United ruling and related decisions by this Supreme Court have dismantled decades of carefully crafted laws that protected the interests of individual voters by limiting the power of corporations and wealthy individuals to influence elections. The vast spending by Super PACs and other organizations created to take advantage of this new reality gave corporations and the wealthiest Americans an unprecedented ability to influence and sometimes dominate races at all levels. Those moneyed interests will start sooner, go bigger, and be even more relentless in 2014 and 2016 and forever until the Citizens United decision is either overturned by the Court or reversed by a constitutional amendment, which President Obama has endorsed.

Citizens United is just part of a broader problem with the current conservative majority on the Supreme Court, which has the rights and interests of people, actual human beings, to the interests of corporations. Consider Romney's "corporations are people, my friend." The public didn't buy this, but a majority of the Supreme Court has. If this flawed philosophy is allowed to stand, it would be devastating to the well-being of Americans and the health of our democracy. President Obama should take whatever opportunities he has in his second term to nominate Supreme Court justices whose commitment is to upholding the rights of flesh-and-blood Americans, not powerful corporate "persons."

Women's Rights

Another key issue is women's rights. Romney made it clear that he would roll back women's rights, and not only at the doctor's office, but also on the job. While President Obama campaigned proudly on having signed the Lilly Ledbetter Fair Pay Act, Romney's campaign refused to give a straight answer about where he stood on that law. Instead he promised to give us more Supreme Court justices like the ones whose decision to make it harder for women to fight job discrimination required the Ledbetter law in the first place.

One stark contrast between the two candidates was in their positions on women's access to reproductive health care. President Obama had made access to contraception a major policy initiative, and he has warned of the threat to Roe v. Wade. In contrast, Romney and Ryan staked out extreme and more extreme positions on restricting access to legal abortion. Not only did they not carry the day, but radical positions on abortion and rape played a significant role in the defeat of Romney ally Richard Mourdock in Indiana and Todd Akin in Missouri. Women's rights played a major role in this election, and an exciting group of women senators and representatives will be in office to help President Obama move these issues forward.

Comprehensive Immigration Reform

The candidates also took sharply contrasting positions on issues of particular concern to Latino voters. President Obama embraced America's promise of opportunity by moving to protect from deportation young people brought to the U.S. by their parents. Obama supports permanent solutions to our broken immigration system through the DREAM Act and comprehensive immigration reform. Mitt Romney's harsh anti-immigrant policies and rhetoric, and his plan for making people so miserable that they will choose to "self-deport," may have won him hard-right votes in the primary, but it alienated Latino voters and others -- even some Romney allies among evangelical Christians. Polls make it clear that the American public supports President Obama's commitment to comprehensive reform that gives the millions of hard-working undocumented immigrants in the U.S. a path to citizenship.

A Mandate for Progressive Governance

After the most expensive election in our history, voters defeated the relentless efforts of billionaire bullies, voter-suppressing politicians, and political strategists who broke new ground with campaigns built on blatant falsehoods.

Americans reelected a president who has offered a vision of an American community in which equality and opportunity are for everybody, a vision of government that is willing and able to advance the common good while protecting the rights of individuals, and a vision of society in which we embrace our growing diversity as a unique strength of the American Way, not a threat to it.

With an Electoral College victory larger than that of Kennedy, Nixon, Carter and George W. Bush -- both in 2000 and 2004 -- and a popular vote victory margin of millions of votes, President Obama unquestionably has a national mandate to pursue the policies he campaigned on, among them:

  • Building a Supreme Court majority that protects the legal and constitutional rights of individuals rather than sacrificing them to corporate interests;
  • Overturning Citizens United and returning common sense to campaign finance laws;
  • Advancing equality and opportunity for all Americans, including women, LGBT Americans and immigrants; and
  • Asking the wealthiest Americans to contribute their fair share to needed investments in the common good and to the reduction of long-term deficits.

Americans are ready to move forward. They will have little patience with the petty partisan obstructionism that Republican congressional leaders are already promising.

This post originally appeared at the Huffington Post.

PFAW

The GOP Pays the Big Price for Bashing Latinos

 

Losing the Latino vote "spells doom for us." - Mitt Romney, April 15, 2012

"Should I win a second term, a big reason I will win a second term is because the Republican nominee and the Republican Party have so alienated the fastest-growing demographic group in the country, the Latino community." - President Obama, October 26, 201 2

At last, bipartisan agreement! You don't need a degree in political science to know this: demonizing and alienating the fastest-growing group in the country is no way to build long-term political success. Pair that with the fact that demonizing any group of Americans is un-American and just plain wrong. But in recent years, Republicans, and especially party standard-bearer Mitt Romney, just haven't been able to help themselves. In an effort to win over a shrinking and increasingly extreme base, Romney and team have sold their souls to get the Republican presidential nomination. And they went so far to do it that even their famous etch-a-sketch won't be able to erase their positions.

As Mitt Romney knows, the slipping support of the GOP among Latinos is no mystery. We've seen this movie before, in 1994, when Republican California Gov. Pete Wilson pushed anti-immigrant smears to promote California's anti-immigrant Prop 187 which in turn buoyed his own tough re-election campaign. It worked in the short term - both the ballot measure and Gov. Wilson won handily - but what a long term price to pay as California became solidly blue for the foreseeable future.

We're now seeing what happened in California at a national scale. Harsh anti-immigrant rhetoric helped Romney win the Republican primary. But in the general election, it may well be his downfall.

In case you tuned out Romney's appeals to the anti-immigrant Right during the primaries, here's a quick recap. He ran ads specifically criticizing Sonia Sotomayor, the first Latina Supreme Court justice. He says he'd veto the DREAM Act , a rare immigration provision with overwhelming bipartisan support. He took on anti-immigrant leader Kris Kobach, architect of the draconian anti-immigrant measures in Arizona and Alabama as an adviser , then said his immigration plan was to force undocumented immigrants to"self-deport." He even endorsed Iowa Rep. Steve King, who suggested building an electric fence at the Mexican border, comparing immigrants to "livestock" and "dogs." Romney's new attempts to appeal to Latino voters are clearly empty - he's already promised the Right that he will use their anti-immigrant rhetoric whenever it's convenient and shut down any reasonable attempts at immigration reform.

If President Obama wins reelection, however, we have a real chance for real immigration reform. He told the Des Moines Register last week that if reelected he will work to achieve immigration reform next year. Beyond incremental steps like his institution of part of the DREAM Act by executive order, real comprehensive immigration reform would finally ease the uncertainty of millions of immigrants and the businesses that hire them. It's something that George W. Bush and John McCain wanted before it was thwarted by extremists in their own party. It's something that Mitt Romney clearly won't even try.

If President Obama wins, and especially when he wins with the help of Latino voters turned off by the GOP's anti-immigrant politics, he will have a strong mandate to create clear and lasting immigration reform. And Republicans will have to think twice before hitching their futures on the politics of demonization and exclusion. Whereas George W. Bush won 44 percent of the Latino vote in 2004 and John McCain 31 percent in 2008, Mitt Romney is polling at just 21 percent among Latinos. That's no coincidence.

My group, People For the American Way, has been working to make sure that the GOP's anti-Latino policies and rhetoric are front and center during the presidential election. We're running a comprehensive campaign aimed at the large Latino populations in Nevada and Colorado and the rapidly growing Latino populations in Iowa, Wisconsin, Virginia, and North Carolina. In each of those states, we're strategically targeting Latino voters with TV and radio ads, direct mail, internet ads and phone banking to make sure they hear the GOP's message about their community. In Colorado, we're going up against Karl Rove's Crossroads GPS , which knows just as well as Romney that the loss of Latino voters "spells doom" for Republicans. In all of these states, higher turnout among Latinos motivated by Mitt Romney's attacks could swing critical electoral votes.

This is a battle where the right thing to do and the politically smart thing to do are one and the same. Republicans have embraced racially-charged attacks against Latinos, pushing English-only laws,attempting to legalize racial profiling by immigration enforcement, dehumanizing immigrants, and even attacking the first Latina Supreme Court justice for talking about her heritage. They deserve to lose the votes of Latinos and others for it. This presidential election is a choice between right-wing scare tactics-- the last resort of those fighting to return to an imaginary America of the past-- and policies that embrace and celebrate our growing Latino population as an integral part of what is the real America.

This post originally appeared at the Huffington Post.

PFAW

PFAW Ad Campaign Reaches out to Latino Voters

This week, the White House made public President Obama’s endorsement interview with the Des Moines Register’s editorial board. In the interview, the president is frank about what he thinks could be the deciding factor in this election – the votes of Latinos:

The second thing I’m confident we’ll get done next year is immigration reform. And since this is off the record, I will just be very blunt. Should I win a second term, a big reason I will win a second term is because the Republican nominee and the Republican Party have so alienated the fastest-growing demographic group in the country, the Latino community. And this is a relatively new phenomenon. George Bush and Karl Rove were smart enough to understand the changing nature of America. And so I am fairly confident that they’re going to have a deep interest in getting that done. And I want to get it done because it’s the right thing to do and I've cared about this ever since I ran back in 2008.

The president is right that as the United States’ Latino population has grown in recent years, the GOP has increasingly pushed Latinos aside. While John McCain and George W. Bush both to some extent supported bipartisan efforts at comprehensive immigration reform, Mitt Romney has embraced some of his party’s most extreme anti-immigrant rhetoric and policies. He touted the endorsement of Kris Kobach, the man behind draconian anti-immigrant measures in Arizona and Alabama, then took Kobach on as an adviser. He said he would veto the DREAM Act if it were to be passed by Congress. He says his immigration strategy is to make the lives of immigrants so miserable that they are forced to “self-deport.” He endorsed Steve King, the Iowa congressman who has compared immigrants to “cattle” and “dogs.”

Unsurprisingly, Latino voters haven’t been responding well to Romney’s record. Bush won 40 percent of the Latino vote in 2004, and McCain won 31 percent in 2008. Romney is currently polling at 20 -25 percent among Latinos.

Earlier this month People For the American Way launched a 5-week, $1.2 million campaign to remind Latino voters about Mitt Romney’s policies. We’re running TV ads in four states (Ohio, Wisconsin, Virginia and Nevada), radio ads in five (with the addition of North Carolina), and operating a direct mail program. Here are the three of the TV ads that we’ve run so far. English translations are available in the description of each video on YouTube.

“Somos El 47%”
 

“DREAM Act”
 

“Taxes”
 

UPDATE: On October 29, we expanded the campaign to Colorado.

PFAW

Split Decisions Impact Immigration and Unions

Here’s a quick recap of the Supreme Court’s decisions during the past week: Unions are now further disadvantaged and despite some important changes to the state’s immigration law, racial profiling remains a viable option for Arizona law enforcement.

On June 21, the Supreme Court issued its decision on Knox v. Service Employees International Union (SEIU) Local 1000. The case dealt with a labor policy several states have, known as agency shops, in which employees are not required to become members of the union representing their place of employment, but must pay dues since they benefit from the work the union does. At the point in which all employees working at an establishment that has a union presence are receiving higher wages, more vacation days, and overall better working conditions, it is only fair that all employees pay union dues and not free-ride off of just the union members who pay.

However, in the case of public sector unions, the Supreme Court held a generation ago that non-members have the right to opt out of having their dues used for political activity by the union, effectively weakening the union’s ability to operate on its members’ behalf. In Knox, the Court criticized the balance struck in 1986 and ruled that when the union has a mid-year special assessment or dues increase, it cannot collect any money at all from non-union members unless they affirmatively opt-in (rather than opt-out). This ruling addressed an issue that wasn’t raised by the parties and that the union never had a chance to address, furthering the Right Wing’s goal to hamper a union’s ability to collect dues and make it harder for unions to have a voice in a post-Citizens United political environment. To add insult to injury, Justice Alito let his ideological leanings shine through when he essentially claimed right-to-work laws are good policy.

After the Knox v. SEIU decision, the court released its ruling on the highly contentious 2010 Arizona anti-immigration law, known as S.B. 1070. In a 5-3 decision, the court struck down the majority of the southwestern state’s draconian immigration policy. The court ruled that much of the state’s law unconstitutionally affected areas of law preempted by the federal government, acknowledging the impracticality of each state having its own immigration policy. Oppressive anti-immigrant provisions were struck down, such as one criminalizing the failure to carry proof of citizenship at all times, and a provision making it illegal under state law for an undocumented immigrant to apply for or hold a job. The decision also recognized that merely being eligible for removal is not in itself criminal, and thus the suspicion of being eligible for removal is not sufficient cause for arrest.

Although the majority of S.B. 1070 was overturned by the Supreme Court this week, one component remains, at least for the moment. Officers can still check the immigration status of anyone stopped or arrested if they had “reasonable suspicion” that the individual may be undocumented. This keeps the door wide open for racial profiling. Arresting an individual is not the same as being convicted for a crime. Latinos and other minority groups can be stopped for a crime as simple as jaywalking and “appear” suspicious enough to warrant an immigration background check. By leaving this portion of the law, the US Supreme Court has, for the time being, allowed the potential profiling of thousands of Arizona residents, regardless of whether they are immigrants or US citizens, but has left open the ability to challenge the manner in which this provision is put into practice.

PFAW

House votes to slam courthouse doors shut to immigration cases

Last month, the Supreme Court heard oral arguments in Arizona v. United States, a case that will examine key provisions of Arizona’s infamous and draconian immigration law, SB 1070. Sponsored by ALEC member and former Senate President Russell Pearce, and several others with ALEC ties, SB 1070 was developed in close consultation with ALEC and now stands as one of its model bills.

The Department of Justice argues that Arizona unconstitutionally usurped the federal government’s role in enforcing immigration law. PFAW and other opponents cite evidence of wrongful arrests, racial profiling, and discrimination, especially against Latinos and other minorities.

Now efforts are being made in to block court challenges to SB 1070 and similar laws in other states. On May 9, the US House passed Amendment 1063 by a 238-173 vote.

An amendment to prohibit the use of funds to be used by the Attorney General to originate or join in any lawsuit that seeks to overturn, enjoin, or invalidate Immigration Enforcement Laws in Oklahoma, Missouri, Arizona, Utah, Indiana, Alabama, South Carolina, and Georgia.

Note the especially selective list of states, through which anti-immigrant forces seem to be trying to muzzle DOJ only where they approve of the legislation that is (or might be) challenged, showing a profound and dangerous contempt for the rule of law.

As the ACLU put it:

The DOJ’s filing of this lawsuit proves [that] the department takes its role in stopping rampant racial profiling seriously. Congress should support the DOJ’s role in protecting the constitutional rights of those subjected [to] racial profiling, not tie the department’s hands as the House has with the Black amendment. It is now up to the Senate to ensure that the Black amendment doesn’t become law.

Thankfully, it’s likely that the Senate will do just that.

For more information on ALEC’s role with SB 1070 and other controversial bills, check out PFAW Foundation’s report on ALEC in Arizona (and its April 2012 update).

PFAW

UPDATE: Standing up for the freedom to marry, access to healthcare, and immigration equality

UPDATE: Frances and Takako and Tim and Edwin are among five plaintiff couples suing the federal government in a new challenge to the federal-recognition component of the Defense of Marriage Act, filed by Immigration Equality and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP. Executive Director Rachel Tiven:

The families in today’s lawsuit meet every qualification for immigration benefits, with the sole exception that they happen to be lesbian or gay. Solely because of their sexual orientation, they have been singled out, under federal law, for discrimination and separation. That’s not only unconscionable; it is unconstitutional. We know DOMA cannot withstand careful review, and we know we will prevail on their behalf.

Judge Jeffrey White of the Northern District of California, a Bush nominee, ruled last month against the federal-recognition component of the Defense of Marriage Act, saying:

The Court has found that DOMA unconstitutionally discriminates against same-sex married couples.

In so doing, Judge White ruled in favor of Karen Golisnki, a Ninth Circuit staff attorney, who had sought the enrollment of her wife, Amy Cunninghis, in her existing family coverage health insurance plan with Blue Cross and Blue Shield. Now the spousal coverage can be granted.

In compliance with that Order, OPM hereby withdraws any outstanding directive regarding the enrollment of Ms. Golinski’s wife, Amy C. Cunninghis, in her family health benefits plan. Please implement an expeditious enrollment of Ms. Cunninghis, pursuant to the Standard Form 2809 dated September 2, 2008 as supplemented by this letter and consistent with the Court’s Order of February 22, 2012.

Judge White’s ruling is consistent with previous rulings and marks yet another step forward in the fight for the freedom to marry. Though applying only to Karen and Amy, it’s a strong statement that legally married couples shouldn’t have to go to court in order to access healthcare. (Click here to learn about the backlash.)

It’s also the latest sign that conservatives in Congress have a tough road ahead in their political push to keep DOMA on the books. On Monday, Representative Jerrold Nadler and the other lead sponsors of the Respect for Marriage Act sent a letter to Speaker Boehner asking that he abandon his defense of DOMA.

At a time when families are struggling to make ends meet and asking Congress to focus on jobs, the economy, and federal spending, all Members should be concerned that taxpayers dollars are being used to pay costly legal fees to make arguments that lack adequate factual or legal support, in pursuit of a law that is not worthy of a defense.

Senator Patrick Leahy is also taking a stand.

I am confident that justice and fairness will prevail in the end. Our Nation is too noble and our sense of liberty too strong to tolerate injustice without end. I am heartened by the progress that we are seeing across the country. Public consciousness is evolving, and will reach the point at which discrimination based on sexual orientation becomes another sad relic of our past. I believe we will look back at these prejudices with disappointment and regret, just as we have at other points in our history. But the capacity of our Nation to evolve and progress is a defining characteristic of the American spirit. And the American people ultimately come to reject that which is fundamentally unfair and unjust.

Senator Leahy is the lead sponsor of the Uniting American Families Act, a bill that would allow same-sex “permanent partners” to be united legally through the US immigration process, making them eligible for green cards and immigrant visas. To protect against abuse, UAFA imposes the same penalties for immigration fraud as those currently imposed on married heterosexual couples – and in some cases sets the bar higher for same-sex couples.

Frances Herbert and Takako Ueda, two of Senator Leahy’s constituents, are legally married in Vermont. But Frances cannot sponsor Takako for immigration because they are not married under the eyes of the federal government. After over a decade together, DOMA repeal and, short of that, UAFA are the only ways to ensure that this loving couple is not torn apart or forced to live in a permanent state of uncertainty.

Please support Frances and Takako. And Tim and Edwin. And Michael and Gordon. Then take a moment to add your name to PFAW's petition urging Congress to Dump DOMA and end this unconstitutional, discriminatory policy once and for all.

PFAW

Fight for immigration equality extends to the customs line

In other immigration news, US Customs and Border Protection is working to eliminate the discrimination faced by LGBT couples and families who currently aren’t recognized when they go through the customs line.

When you get a customs form, it clearly states, “only ONE written declaration per family is required.” An opposite-sex couple or a family led by an opposite-sex couple only has to fill out that single form. But if a same-sex couple or LGBT-led family goes through the line, they’re stopped, separated, and forced to fill out two forms.

In June 2011, Mihail – a naturalized U.S. citizen originally from Pakistan – and Scott entered the U.S. following a European trip. They filled out one customs form, “since it states that only one form is needed for each family,” said Mihail. The customs officer asked why they had only completed one form, and when they replied they were domestic partners registered in the state of California, the officer said, “The federal government doesn’t recognize that.”

“Scott and I met the qualifications on the customs form, including a shared address, yet the federal government refused to recognize us as a family,” said Lari. “After waiting years for citizenship because federal law would not allow Scott to sponsor me, we were then faced with the reality that, even after I naturalized, we were still not family in our government’s eyes."

Such demeaning treatment is hardly an appropriate way to welcome people back to America. New regulations have just been released that, following a series of reviews, will correct this inequity and eliminate the “double” standard. A coalition including Immigration Equality and Family Equality Council was instrumental in bringing about this change.

PFAW applauds their work and CBP’s recognition that “gay families [are] ‘real families,’ too.”

PFAW

Standing up for the freedom to marry, access to healthcare, and immigration equality

Judge Jeffrey White of the Northern District of California, a Bush nominee, ruled last month against the federal-recognition component of the Defense of Marriage Act, saying:

The Court has found that DOMA unconstitutionally discriminates against same-sex married couples.

In so doing, Judge White ruled in favor of Karen Golisnki, a Ninth Circuit staff attorney, who had sought the enrollment of her wife, Amy Cunninghis, in her existing family coverage health insurance plan with Blue Cross and Blue Shield. Now the spousal coverage can be granted.

In compliance with that Order, OPM hereby withdraws any outstanding directive regarding the enrollment of Ms. Golinski’s wife, Amy C. Cunninghis, in her family health benefits plan. Please implement an expeditious enrollment of Ms. Cunninghis, pursuant to the Standard Form 2809 dated September 2, 2008 as supplemented by this letter and consistent with the Court’s Order of February 22, 2012.

Judge White’s ruling is consistent with previous rulings and marks yet another step forward in the fight for the freedom to marry. Though applying only to Karen and Amy, it’s a strong statement that legally married couples shouldn’t have to go to court in order to access healthcare. (Click here to learn about the backlash.)

It’s also the latest sign that conservatives in Congress have a tough road ahead in their political push to keep DOMA on the books. On Monday, Representative Jerrold Nadler and the other lead sponsors of the Respect for Marriage Act sent a letter to Speaker Boehner asking that he abandon his defense of DOMA.

At a time when families are struggling to make ends meet and asking Congress to focus on jobs, the economy, and federal spending, all Members should be concerned that taxpayers dollars are being used to pay costly legal fees to make arguments that lack adequate factual or legal support, in pursuit of a law that is not worthy of a defense.

Senator Patrick Leahy is also taking a stand.

I am confident that justice and fairness will prevail in the end. Our Nation is too noble and our sense of liberty too strong to tolerate injustice without end. I am heartened by the progress that we are seeing across the country. Public consciousness is evolving, and will reach the point at which discrimination based on sexual orientation becomes another sad relic of our past. I believe we will look back at these prejudices with disappointment and regret, just as we have at other points in our history. But the capacity of our Nation to evolve and progress is a defining characteristic of the American spirit. And the American people ultimately come to reject that which is fundamentally unfair and unjust.

Senator Leahy is the lead sponsor of the Uniting American Families Act, a bill that would allow same-sex “permanent partners” to be united legally through the US immigration process, making them eligible for green cards and immigrant visas. To protect against abuse, UAFA imposes the same penalties for immigration fraud as those currently imposed on married heterosexual couples – and in some cases sets the bar higher for same-sex couples.

Frances Herbert and Takako Ueda, two of Senator Leahy’s constituents, are legally married in Vermont. But Frances cannot sponsor Takako for immigration because they are not married under the eyes of the federal government. After over a decade together, DOMA repeal and, short of that, UAFA are the only ways to ensure that this loving couple is not torn apart or forced to live in a permanent state of uncertainty.

Please support Frances and Takako. And Tim and Edwin. And Michael and Gordon. Then take a moment to add your name to PFAW's petition urging Congress to Dump DOMA and end this unconstitutional, discriminatory policy once and for all.

PFAW