Talking Points: The Uniting American Families Act
Current Immigration Law Tears Families Apart
- Family reunification has been a cornerstone of U.S. immigration law for decades – but lesbian and gay families are entirely excluded. Same-sex partners of U.S. citizens and permanent residents are not considered “spouses” under federal law, and their partners cannot sponsor them for family-based immigration. Consequently, many same-sex, bi-national couples are kept apart or torn apart.
- The government’s failure to recognize lesbian and gay families for immigration purposes wreaks havoc on the lives of the American citizens who fall in love with non-citizens and the children who fear being deprived of one of their parents.
- Many are forced to leave family and friends, sell businesses and abandon the community and country they love in order to keep their families together. Families are forced to choose: separate or live in exile.
Tens of Thousands of Families are Affected
- According to the most recent U.S. Census, nearly 36,000 gay and lesbian Americans are in bi-national couples. Their median age is 38 and 47% of bi-national couples are raising children. These are mature, committed relationships.
UAFA Keeps Families Together
- The Uniting American Families Act (UAFA) remedies the current injustice in our nation’s immigration laws and allows U.S. citizens and permanent residents to sponsor their same-sex partners for family-based immigration.
- No one should have to choose between their country and their family.
UAFA Does Not Violate the Defense of Marriage Act
- The structure of the bill does not implicate or violate the Defense of Marriage Act (“DOMA”). DOMA defines “marriage” and “spouse” to refer only to the union between a man and a woman. UAFA does not include same-sex partners in the definition of “spouse.” Instead, it creates another class of persons, permanent partners, who are eligible for federal sponsorship under federal immigration laws.
UAFA Contains Strong Protections Against Fraud
- Consistent with the basic principles of U.S. immigration law, UAFA aims to unite families while retaining strong prohibitions against immigration fraud.
- UAFA requires same-sex couples to provide the same proof of their relationship as different-sex married couples to sponsor their partner. These include providing proof of the relationship — including affidavits from friends and family. The individual must also be financially interdependent with his or her partner, cannot be married or in another permanent partnership and must be unable to enter into a marriage recognized under the INA with the partner
- As with current immigration laws for married couples, UAFA would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines.
Americans Support Immigration Equality
- The American public supports extending immigration equality to same-sex couples. A July 2008 Feldman Group, Inc. survey found that 54% of Americans supported allowing a foreign-born same-sex partner of an American citizen to become a United States citizen.
Other Countries Have Embraced Immigration Equality
- The United States lags behind 19 countries that recognize same-sex couples for immigration purposes: Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Switzerland and the United Kingdom.
- No country that has embraced immigration equality for same-sex couples has reported problems with fraud.