Letter

Letter to the House Urging Co-Sponsorship of the Permanent Partner Immigration Act

Document Date: February 11, 2003

Re: Co-Sponsor the Permanent Partner Immigration Act (H.R. 832)

Dear Representative:

The American Civil Liberties Union strongly urges you to help stop the inequality in U.S. immigration law by co-sponsoring the Permanent Partner Immigration Act (H.R. 832) introduced by Rep. Jerrold Nadler. This bill would add the term "permanent partner" to sections of immigration law that provide immigration rights to legally married couples, allowing gay or lesbian citizens to sponsor their partners to become U.S. residents.

Current Immigration Law Does Not Recognize Same-Sex Couples

Right now, the partners of heterosexual Americans can gain permanent resident status-- and eventually citizenship--through marriage. Immigration laws, however, do not recognize same-sex couples, and therefore a gay man or lesbian cannot sponsor his or her partner for permanent resident status. Under no circumstances can a U.S. citizen use a same-sex relationship as a basis for sponsoring a partner from a foreign country, no matter how long the couple has been together nor how committed their relationship.

Under this legislation, same-sex binational couples would have to meet the same requirements as heterosexual couples to demonstrate that they are in an intimate, committed relationship. The requirements include providing proof of the relationship, supportive affidavits from friends and family and evidence of financial interdependence. Adding the category of "permanent partner" status to current U.S. immigration law would not require state and federal recognition of same-sex marriage.

Fifteen Other Nations Offer Fair Immigration Laws for Same-Sex Couples

The U.S. lags behind other democracies in extending fair treatment in immigration policies to gay couples. Fifteen other countries currently allow the gay and lesbian partners of their citizens to become permanent residents: Australia, Belgium, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, South Africa, Sweden and the United Kingdom. The United States should extend the same fair treatment to its current and prospective citizens and residents.

Proposed Bill Would Uphold Basic Tenets of U.S. Immigration Law

Family unification is at the heart of U.S. immigration law. Approximately 75 percent of the 1 million immigrant visas issued each year go to family members of U.S. citizens and permanent residents. However, the current INS definition of family excludes same-sex partners. This bill seeks to recognize the reality that a gay or lesbian couple is a family.

For these reasons, the ACLU urges you to support H.R. 832, the Permanent Partner Immigration Act. Thank you for your attention to this matter.

Sincerely,

Laura W. Murphy
Director

Christopher E. Anders
Legislative Counsel