| Immigration Equality | |
|---|---|
Logo of Immigration Equality |
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| Abbreviation | IE |
| Motto | The only national organization in the country fighting for equality for LGBT and HIV positive immigrants. |
| Formation | March 3, 1994 |
| Type | NGO (non-governmental agency) |
| Legal status | Non-profit advocacy |
| Purpose/focus | Advocating for equal immigration and asylum rights for lesbian, gay, bisexual, transgender, (LGBT) and HIV-positive people |
| Headquarters | New York City |
| Executive Director | Rachel B. Tiven |
| Staff | 9 |
| Website | www.ImmigrationEquality.org |
Immigration Equality is an American advocacy organization working for equal rights for lesbian, gay, bisexual, transgender, (LGBT) and HIV-positive individuals under the policies of the U.S. Citizenship and Immigration Services (formerly the U.S. Immigration and Naturalization Service).[1][2][3] Founded in 1994 as the Lesbian and Gay Immigration Rights Task Force, the group is headquartered in New York with chapters in thirteen other U.S. cities.[4][5] Immigration Equality is the only national LGBT immigration organization in the United States and according to Andrew Sullivan they do "the lion's share of work in advocating for equal treatment for gay spouses and HIV-positive immigrants."[6][7][8] The group led the effort to change the HIV travel and immigration ban, a cause championed by Senator John Kerry (D-MA) in the Senate, and signed into law by then U.S. President George Bush.[8] It is unclear whether applicants will still have to declare their HIV status.[9] In August 2007, Congressperson Barbara Lee of California introduced House Resolution 3337, the HIV Nondiscrimination in Travel and Immigration Act of 2007. This bill would have allow travelers and immigrants entry to the U.S. without disclosing their HIV status, it failed to become law.[10]
Immigration Equality has been the principal advocate for the Uniting American Families Act (UAFA, H.R. 1024, S. 424) that would "amend the Immigration and Nationality Act by adding the term permanent partner next to spouse" thus same-sex couples would be subject to the same standards of proof as their heterosexual counterparts.[11] There are currently 115 cosponsors of this bill in the United States House of Representatives[12] and 20 cosponsors in the United States Senate.[13]
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Immigration Equality maintains a list of LGBT/HIV-friendly private immigration attorneys to provide legal representation for those who contact them. They also provide technical assistance to attorneys who are working on sexual orientation, transgender identity, or HIV status-based right of asylum applications, or other immigration applications where the client’s LGBT or HIV-positive identity is at issue in the case.[14][15] In 2008 The group won over fifty political asylum cases in 2008 where the potential deportee feared persecution if returned to their home.[16]
In May 2006, in conjunction with the Human Rights Watch, Immigration Equality released their report - "Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under United States Law," which was based on research conducted from 2003-2006 to "emphasize and spotlight the plight of same-sex binational couples".[17] The report details about couples who hide the fact they are in a same-sex relationship in the 2000 U.S. Census because they fear homophobia in the immigration process, as well as couples who avoid the census altogether because their foreign partners may live here illegally.[17] The report also cites couples who are affected by U.S. immigration policies that overlook same-sex binational couples completely and outlines facts about the U.S.’s current visa and immigration system explaining how LGBT people either fit into the system or do not.[17]
According to Immigration Equality there are roughly 36,000 bi-national same-sex couples unable to "secure green cards for their partners like heterosexual spouses can."[18][19] The census recorded 594,391 same-sex couples, six percent composed of one citizen and one non-citizen.[20] The 2000 Census figures are also likely lower as same-sex couples will only officially be counted in the 2010 Census and same-sex marriages only became legal in since the early 1990s in some European countries and legal in Massachusetts in 2004. The group also believes some couples did not report themselves because of fears about their immigration status.[21] According to an 2004 Urban Institute analysis conducted for Immigration Equality researchers believe that figure could be undercounted by anywhere from 10% to 50%.[22] The 1996 Defense of Marriage Act prevents immigration officials from recognizing gay marriages, even from states where they are now legal.[18]
Immigration Equality has been the principal advocate for the Uniting American Families Act (UAFA, H.R. 1024, S. 424).[11] They have worked to introduce the legislation, educated Congress members about the need for passage and documented Americans and their families affected by the issue.[11] Immigration Equality has been lobbying for the act since 2000 which would allow "same-sex 'permanent partners' to present documents – joint tax filings, property records, bank accounts – to prove their relationship and petition for a green card" the same as heterosexual couples are able to do.[23][24][25] The group placed a warning notice regarding same-sex marriage on the group's website as getting married might actually be more problematic for bi-national same-sex couples.[26] John Nechman, co-chair of Immigration Equality explained "|[M]any of the problems related to legal civil-unions have to do with “intent” under the law. “If they go and marry, when that person goes to apply for an adjustment of status or a new F1 visa, there is going to be a question as to whether he is married. And if he puts down no, he has just committed fraud. If he puts down yes, they’re going to want to know info about the spouse; and if he’s applying for a new F1, that means temporary intent. By putting down a U.S. spouse, that means that you’re intending to stay."[26] In July 2007 executive director Rachel B. Tiven was interviewed on Fox News' political talkshow The O'Reilly Factor about the legislation.[27]
In 2008, in conjunction with the Transgender Law Center, Immigration Equality drafted Immigration Law and the Transgender Client, a manual published by the American Immigration Lawyers Association, the first LGBT publication that the latter organization has issued.[28]