Immigration equality explained

Immigration equality should not be confused with Immigration Equality (organization).

Immigration equality is a citizens' equal ability or right to immigrate their family members. It also applies to fair and equal execution of the laws and the rights of non-citizens regardless of nationality or where they are coming from. Immigration issues can also be an LGBT rights issue, as government recognition of same-sex relationships vary from country to country.

Immigration and migrant rights issue

In 1999, President Bill Clinton sent a bill to Congress that would have equalized immigration rights for people from Central America and Haiti. Clinton said the bill would correct the imbalance in immigration laws that gave advantage to people who fled communist regimes such as Cuba and Nicaragua. Like Nicaraguans and Cubans, many Salvadorans, Guatemalans, Hondurans and Haitians fled human rights abuses or unstable political economic conditions in the 1980s and 1990s, but the latter received unequal treatment that granted to the Nicaraguans and Cubans. The "Central American and Haitian Parity Act of 1999" never passed, but would have offered immigration equality protections to migrants from Haiti, El Salvador, Guatemala and Honduras.^[1]

Haitians particularly sought immigration equality in the Elián González affair in 2000 when they organized demonstrations in Miami during an international tug of war between Cuba and the US. They protested what they said was discrimination against Haitian immigrants by the INS and the behavior of elected officials who lobbied for Elián González to stay in the US, yet ignored the plight of Haitian refugees and the repatriation of Haitian children.^[2]

In 2004, The United Nations High Commissioner for Refugees, UNHCR, expressed concern about the plight of the Haitian people as the country was sliding further into chaos. Cuba, Jamaica and Canada said they will not send people back to Haiti, but President George W. Bush warned Haitians they will be sent home if they try to flee to the US. In a matter of a few days, the US Coast Guard intercepted some 500 people in boats fleeing Haiti and sent them back. The US was not sending back Cubans fleeing similar situations and regimes, and many argue that immigration equality rights between the two nationalities should apply.^[3]

In 2006, protests continued for immigration equality rights for the Haitians as Lawyers protest Deportation of Illegal Immigrants to Haiti.^[4]

LGBT immigration issues

United States

See main article: Same-sex immigration policy in the United States. Until 2013, LGBT Americans were not afforded the same rights and responsibilities under current immigration law as their heterosexual counterparts. The Defense of Marriage Act (DOMA) had forbidden the federal government from conferring any benefits upon same-sex couples. Under DOMA, persons in same-sex marriages were not considered married for immigration purposes. U.S. citizens and permanent residents in same-sex marriages could not petition for their spouses, nor could they be accompanied by their spouses into the U.S. on the basis of a family or employment-based visa. A non-citizen in such a marriage would not have been able to use it as the basis for obtaining a waiver or relief from removal from the U.S.^[5] On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the Defense of Marriage Act is unconstitutional.^[6] Following this decision, the administration of President Barack Obama began recognizing same-sex couples for immigration purposes.^[7]

Legislation to establish immigration equality, the Uniting American Families Act, has been introduced in the US Congress since 2000.^[8]

Since 2003, fear of persecution has been increasingly accepted as grounds for granting asylum to LGBT persons.^[9] The Board of Immigration Appeals denied an application for asylum on the part of a gay Indonesian man, as his homosexuality was used as a reason to fire him from his job, and a reason to deny his job applications elsewhere in his field. The BIA doubted his fear of persecution if he returned to Indonesia in part because "closeted homosexuality is tolerated in Indonesia". The case, Kadri v. Mukasey, was on appeal to the First Circuit Court of Appeals, where the decision was overturned and the man was granted assylum based on economic persecution.^{[10] [11]}

Worldwide

At present a number of countries recognise same-sex relationships for immigration purposes. This may occur through the recognition of same-sex marriage, through some other form of registered relationship, or through specific provisions made in immigration law. These countries are:

• Argentina (2010)
• Australia (1995)^[12]
• Austria (2010)^{[13] [14]}
• Belgium (1997)^[12]
• Brazil (2003)^[12]
• Canada (2005)^[12]
• Chile (2015) ^[15]
• Denmark (1989) [including Greenland (1996)]^[12]
• Finland (2001)^[12]
• France (1999)^[12]
• Germany (2001)^[12]
• Iceland (1996)^[12]
• Ireland (2011)^[16]
• Israel (2000)^[12]
• Italy (2016)
• Hong Kong (2018)^[17]
• Luxembourg (2004)
• Mexico (2010)
• Namibia (1998)^[18]
• Netherlands (2001)^[12]
• New Zealand (1999)^[12]
• Norway (1993)^[12]
• Portugal (2001)^[12]
• Romania (2006)^[19]
• San Marino (2012)^{[20] [21]}
• Slovakia ^[19]
• South Africa (1999)^[12]
• Spain (2005)^[12]
• Sweden (1994)^[12]
• Switzerland (2003)^[12]
• United Kingdom (1997) [including Jersey (2012), Isle of Man (2011), Gibraltar (2014) and Bermuda (2015)]^[12]
• United States (2013)
• Uruguay (2013)

LGBT immigration organizations

There are organizations in various countries that deal with LGBT/HIV+ immigration issues and represent LGBT/HIV+ people in legal immigration applications.

• • • Netherlands Love Exiles
    • United States Immigration Equality, an organization advocating for equality under United States immigration law for LGBT and HIV+ individuals, founded in 1994 as the Lesbian and Gay Immigration Rights Task Force.^[22] Immigration Equality also maintains a list of LGBT/HIV-friendly private immigration attorneys, and provides technical assistance to attorneys working on sexual orientation, transgender identity, or HIV status-based asylum applications, or other immigration applications where the client's LGBT or HIV-positive identity is at issue in the case.^[23]
  • Out4Immigration is a volunteer grassroots organization in the United States that supports LGBT and HIV+ people whose lives have been impacted by discriminatory US immigration laws, through education, outreach, advocacy and maintaining a resource and support network. They work with the National Center for Lesbian Rights' Immigration Project to provide a monthly free clinic where participants can consult an immigration attorney to discuss their cases.
  • National Center For Lesbian Rights, founded in 1977, is a non-profit, public interest law firm in the United States that works to advance the civil and human rights of LGBT people and their families through litigation, public policy advocacy, and public education.

See also

• Same-sex immigration policy in Brazil
• National Coalition for Gay and Lesbian Equality v Minister of Home Affairs

External links

• Equal Opportunity Immigration
• Immigration Equality
• People For The American Way
• LEGIT: Canadian Immigration for Same-Sex Couples
• National Center for Lesbian Rights
• U.K. Lesbian and Gay Immigration Rights Group
• Out4Immigration
• Human Rights Watch
• Through Thick and Thin, a documentary about the immigration struggles of gay and lesbian couples in America
• Gay Immigration Equality Rights
• Gay and Lesbian Equality Network, Ireland
• Fridae.Asia News

Notes and References

1. The Library of Congress, Thomas. S. 1592 Central American And Haitian Parity Act of 1999. To amend the Nicaraguan Adjustment and Central American Relief Act to provide to certain nationals of El Salvador, Guatemala, Honduras, and Haiti an opportunity to apply for adjustment of status under that Act, and for other purposes.http://www.thomas.gov/cgi-bin/query/z?c106:S.1592: Senate Bill http://www.thomas.gov/cgi-bin/query/z?c106:S.1592:
2. Democracy Now! The War and Peace Report. "Haitians Seek Immigration Equality" Audio and Transcript available. Interviewer Amy GoodmanJanuary 14, 2000 http://www.democracynow.org/2000/1/14/haitians_seek_immigration_equality. http://www.democracynow.org/2000/1/14/haitians_seek_immigration_equality Interview
3. UN Fears For Haiti Refugee Plight The United Nations refugee agency, UNHCR, has expressed concern about the plight of the Haitian people as the country slides further into chaos. UN fears for Haiti refugee plight BBC News Article February 28, 2004
4. News: Lawyers Protest Deportation of Illegal Immigrants to Haiti . Rachel L . Swarns . January 20, 2006 . The New York Times . 2019-08-04.
5. Web site: Immigration Policy Center . Immigration and the Defense of Marriage Act (DOMA): A Q&A Fact Check . August 18, 2011 . August 16, 2012 . https://web.archive.org/web/20120920084859/http://immigrationpolicy.org/just-facts/immigration-and-defense-marriage-act-doma-qa-fact-check . September 20, 2012 . dead .
6. Web site: United States v. Windsor . Supreme Court of the United States . Supreme Court of the United States . supremecourt.gov . June 26, 2013 . June 27, 2017 . July 13, 2020 . https://web.archive.org/web/20200713044822/https://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf . dead .
7. Same-Sex Marriage and Spousal Visas, http://www.usvisalawyers.co.uk/article23.html
8. http://www.house.gov/apps/list/press/ny08_nadler/NadLeahyUAFA050807.html Representative Jerrold Nadler; Congressman Nadler and Senator Leahy Fight for LGBT Immigration Equality - Uniting American Families Act Would Allow Americans to Sponsor "Permanent Partners." May 8, 2007
9. Immigration Equality: Asylum Decisions . Retrieved August 16, 2012
10. Web site: Kadri v. Mukasey . 30 September 2008 . 29 June 2023 . Casetext.com.
11. Web site: Kadri v. Mukasey . 29 June 2023 . GLAD.
12. Book: Human Rights Watch . Immigration Equality . Family, Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law . 16 February 2012 . 2006 . Human Rights Watch . 1-56432-336-6 . Appendix B: Countries Protecting Same-Sex Couples’ Immigration Rights . https://www.hrw.org/reports/2006/us0506/10.htm . registration .
13. Book: Migration Law (thinkoutsideyourbox.net) . 23 February 2012.
14. Book: Registered Partnership Act . 23 February 2012 . 2009.
15. Web site: Acuerdo de Unión Civil: Los nuevos beneficios para convivientes - Gobierno de Chile. Gobierno de Chile. 26 July 2015.
16. Web site: Irish Naturalisation and Immigration Service Civil Partnership. 26 July 2015.
17. Web site: Immigration policy on entry of dependants revised. GovHK. 19 January 2019.
18. http://www.gaylawnet.com/laws/na.htm#asylum GayLawNet: Asylum, Immigration, Refugees
19. https://openaccess.leidenuniv.nl/bitstream/handle/1887/14543/Waaldijk+2009+-+Legal+Recogniton+of+Homosexual+Orientation+-+Chronological+Overview.pdf?sequence=1 Legal recognition of homosexual orientation in the countries of the world A chronological overview with footnotes (pages 26, 70)
20. Web site: San Marino OKs residency permits to foreigners in gay couple - English . 22 July 2015 .
21. Web site: San Marino axes medieval law to let gay couples live together. 27 June 2012. 9 June 2016. 2 January 2014. https://web.archive.org/web/20140102222857/http://www.gaystarnews.com/article/san-marino-axes-medieval-law-let-gay-couples-live-together270612#gs.grdCvh4. dead.
22. Web site: Home Page - Immigration Equality. Immigration Equality. 26 July 2015. https://web.archive.org/web/20110527013833/http://www.immigrationequality.org/index.php. 27 May 2011. dead.
23. Web site: Immigration Equality - 2.2 About Us - Our Services . 2009-04-01 . https://web.archive.org/web/20090221110808/http://www.immigrationequality.org/template.php?pageid=9 . 2009-02-21 . dead .