Uniting American Families Act
Encyclopedia
The Uniting American Families Act (UAFA, ) is a U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 bill to amend the Immigration and Nationality Act to eliminate discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

 in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships. Section 18 of the bill would be amended to include permanent partnerships as an illegal way to evade any provision of the immigration law and allow for the individual to be imprisoned for no more than five years, fined for up to $250,000 or both. Also, if the partnership ends within two years the sponsored partner’s legal immigrant status would come under review.

UAFA was most recently introduced during the 112th Congress, to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 on April 14, 2011, by New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

 Congressman
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 Jerrold Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...

 (D-NY).

In the 111th and 112th Congress, the full text of UAFA, further expanded to provide rights to the children or stepchildren of the foreign-born partner, has been included as Title II of the Reuniting Families Act , an immigration reform bill, last introduced in the United States House of Representatives on May 6, 2011, by California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 Congressman Michael Honda (D-CA).

UAFA was most recently introduced in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on April 14, 2011, by Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...

 Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

 (D-VT). There are currently 22 cosponsors of this bill in the United States Senate. After the bill was introduced, it was read twice and sent to the Senate Committee on the Judiciary, where it still currently resides.

There are an estimated 36,000 same-sex binational couples in 2000, according to the Census, who could benefit from this act. There is very little bipartisan support for this bill as most of the cosponsors are Democrats.

Definitions of Permanent Partner and Permanent Partnership

UAFA defines Permanent Partner and Permanent Partnership as follows:


The term "permanent partner" means an individual 18 years of age or older who--
is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;
is financially interdependent with that other individual;
is not married to or in a permanent partnership with anyone other than that other individual;
is unable to contract with that other individual a marriage cognizable under this Act; and
is not a first, second, or third degree blood relation of that other individual.

The term "permanent partnership" means the relationship that exists between two permanent partners.

Legislative history

Congress Short title Bill number(s) Date introduced Sponsor # of cosponsors (excluding sponsor) Latest status
112th Congress Uniting American Families Act of 2011 April 14, 2011 Rep. Jerry Nadler (D-NY) 125 Referred to the House Judiciary Committee.
April 14, 2011 Sen. Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

 (D-VT)
22 Referred to the Senate Judiciary Committee
Reuniting Families Act
(Title II: Uniting American Families Act)
May 6, 2011 Rep. Michael Honda (D-CA) 78 Referred to the House Judiciary Committee.
111th Congress Uniting American Families Act of 2009 February 12, 2009 Rep. Jerry Nadler (D-NY) 135 Died in House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
February 12, 2009 Sen. Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

 (D-VT)
25 Died in Senate Judiciary Committee
Reuniting Families Act
(Title II: Uniting American Families Act)
June 4, 2009 Rep. Michael Honda (D-CA) 81 Died in House Judiciary Committee
110th Congress Uniting American Families Act of 2007 May 8, 2007 Rep. Jerry Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...

 (D-NY)
118 Died in House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
May 8, 2007 Sen. Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

 (D-VT)
18 Died in Senate Judiciary Committee
109th Congress Permanent Partners Immigration Act
Uniting American Families Act
June 21, 2005 Rep. Jerry Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...

 (D-NY)
115 Died in House Subcommittee on Immigration, Border Security, and Claims
June 21, 2005 Sen. Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

 (D-VT)
13 Died in Senate Judiciary Committee
108th Congress Permanent Partners Immigration Act of 2003 February 13, 2003 Rep. Jerry Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...

 (D-NY)
129 Died in House Subcommittee on Immigration, Border Security and Claims
July 31, 2003 Sen. Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...

 (D-VT)
12 Died in Senate Judiciary Committee
107th Congress Permanent Partners Immigration Act of 2001 February 14, 2001 Rep. Jerry Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...

 (D-NY)
106 Died in House Subcommittee on Immigration and Claims
106th Congress Permanent Partners Immigration Act of 2000 February 14, 2000 Rep. Jerry Nadler
Jerrold Nadler
Jerrold Lewis "Jerry" Nadler is the U.S. Representative for , serving since 1992. He is a member of the Democratic Party.The district includes the west side of Manhattan from the Upper West Side down to Battery Park, including the site where the World Trade Center stood...

 (D-NY)
59 Died in House Subcommittee on Immigration and Claims


In the House of Representatives the bill was referred to the United States House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. This subcommittee has sixteen members including the Chairman Zoe Lofgren
Zoe Lofgren
Zoe Lofgren is the U.S. Representative for , serving since 1995. She is a member of the Democratic Party. The district is based in San Jose.-Early life, education, and early career:...

 (D-CA) and ranking member Representative Steve King
Steve King
Steven Arnold "Steve" King is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district is located in the western part of the state and includes Sioux City and Council Bluffs....

 (R-IA). The subcommittee consists of representatives from the states of California, Texas, Illinois, Utah, Iowa, Mississippi, New York and Resident Commissioner Pedro Pierluisi
Pedro Pierluisi
Pedro R. Pierluisi Urrutia is a Puerto Rican lawyer and politician affiliated with the New Progressive Party of Puerto Rico and the United States Democratic Party...

 (D) from Puerto Rico. The subcommittee has six Republicans and ten Democrats on board.

In the Senate the bill was referred to the Senate Committee on the Judiciary which consists of nineteen members which includes Chairman Patrick Leahy (D-VT) who re-introduced the bill and Ranking Member Senator Jefferson Sessions (R-AL). The committee consists of seven Republican Senators and twelve Democratic Senators. The Representatives on the committee come from seventeen different states; this differs vastly from the subcommittee to which the House of Representatives bill has been referred to. Senator Patrick Leahy held a hearing on the bill on June 3, 2009. The hearing was the first-ever hearing on the Uniting American Families Act. In the opinion of the national organization, Immigration Equality, the hearing was a fundamental and important first step for bringing UAFA into comprehensive immigration reform.

On December 15, 2009, Congressman Luis Gutiérrez
Luis Gutiérrez
Luis Vicente Gutiérrez is an American politician and the U.S. Representative for , serving since 1993. Gutiérrez was the first Latino to be elected to Congress from the Midwest. From 1986 until his election to Congress he served as a member of the Chicago City Council representing the 26th ward...

 (D-IL) introduced his comprehensive immigration reform bill, H.R. 4321, the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP Act). Initially, it did not include UAFA, which upset many gay rights activists. However, on July 15, 2010, Congressman Gutiérrez announced, "provisions of UAFA must be part of any comprehensive immigration reform bill." Senator Charles Schumer wrote a letter to his LGBT constituency in March of 2010 indicating that he is currently working with colleagues of both parties to work on comprehensive immigration reform. This comprehensive immigration reform, which in Senator Schumer’s mind is more effective than “piecemeal legislation”, will address the issue in the Uniting American Families Act. An important political issue with UAFA revolves around the principle of family reunification; many conservatives do not want to be seen as anti-family reunification, especially with the growing Latino voter base. Of note, is the fact that forty percent of LGBT binational couples in the United States include a Latino family member.

Support for Uniting American Families Act

The support for the Uniting American Families Act has increased in the House of Representatives, but much less so in the Senate. Organizations such as the Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...

 and Immigration Equality, both supporters of gay rights legislation, support the bill. The Human Rights Campaign points out that the process for sponsoring a partner will have the same requirements that opposite-sex couples endure. HRC also comments that a number of countries, twenty-two, recognize same-sex couples under immigration law, such as France, Germany, Israel, and the United Kingdom among others. The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 wrote in a letter of support for UAFA to senators that the bill does not provide special benefits for same-sex couples, but provides equal sponsorship. The ACLU also mentions that the bill follows along with traditional family reunification principles in immigration law as well as the U.S.’s lag in passing this sort of bill, which is already commonplace in various countries around the world. The Mexican American Legal Defense and Education Fund
Mexican American Legal Defense and Education Fund
The Mexican American Legal Defense and Educational Fund is a national non-profit civil rights organization formed in 1968 to protect the rights of Latinos in the United States...

 (MALDEF) is also a supporter of UAFA and demands that comprehensive immigration reform include all immigrants, including lesbian and gay immigrants.

Several corporations and organizations, such as Intel Corporation
Intel Corporation
Intel Corporation is an American multinational semiconductor chip maker corporation headquartered in Santa Clara, California, United States and the world's largest semiconductor chip maker, based on revenue. It is the inventor of the x86 series of microprocessors, the processors found in most...

 and the Hotel Employees and Restaurant Employees Union
Hotel Employees and Restaurant Employees Union
The Hotel Employees and Restaurant Employees Union , was a United States labor union representing workers of the hospitality industry, formed in 1891. In 2004, HERE merged with the Union of Needletrades, Industrial, and Textile Employees to form UNITE HERE. HERE notably organized the staff of Yale...

, have come out in support of the bill. The Immigration Equality website has a list of organizations, labor unions, civil rights groups, religious institutions, and businesses that support the bill including Parents, Families and Friends of Lesbians and Gays, the U.S. Conference of Mayors, League of United Latin American Citizens, American Bar Association, American Airlines and the American Jewish Committee amongst others.

Opposition to Uniting American Families Act

Opponents believe that UAFA could open up the doors for Illegal immigration even though it would penalize those who attempt to evade immigration law. They believe that it will be hard for immigration officers to actually determine whether the partnership is long-term and permanent. The Center for Immigration Studies
Center for Immigration Studies
The Center for Immigration Studies is a non-profit research organization that advocates Immigration reduction in the United States. Founded in 1985, its executive director is Mark Krikorian. As a 501 organization, it is subject to limits or absolute prohibitions on engaging in political...

 does not support the bill because, in their opinion, it does not provide a reliable measure for indicating who is in a long-term committed partnership.

While previously supporting family reunification legislation, such as H.R. 6638, the United States Conference of Catholic Bishops
United States Conference of Catholic Bishops
The United States Conference of Catholic Bishops is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops and United States Catholic Conference, it is composed of all active and retired members of the Catholic...

 does not support the inclusion of the Uniting American Families Act in a larger bill or standing on its own. National Hispanic Christian Leadership Conference’s (NHCLC) leader Reverend Samuel Rodriguez predicts that the wide and strong support that the NHCLC has garnered for comprehensive immigration reform will be lost if same-sex couples are to benefit from the reform. Roy Beck
Roy Beck
Roy Beck is a former journalist and public policy analyst who has served as the Executive Director of NumbersUSA since 1997. Beck was a journalist for three decades before founding NumbersUSA. He is former Washington D. C. bureau chief of Booth Newspapers and one of the nation's first...

, the founder and CEO of the non-profit organization NumbersUSA
NumbersUSA
NumbersUSA is an immigration reduction organization that seeks to reduce US immigration levels to pre-1965 levels without country of origin quotas as established in the Immigration Act of 1924. It advocates for immigration reduction through user-generated fax, email, and direct mail campaigns...

, which works for lower immigration levels, believes that increasing the number of green cards available, as the Uniting American Families Act would, is of profound environmental importance, connected to infrastructure debit and increases the amount of individuals competing for jobs in the market, which is not in the best interest for the national community. NumbersUSA is concerned that this is another type of piecemeal legislation that does not consider the increased number of green cards as a whole which is detrimental to the national community.

Criticism

Although the bill is created to align with opposite-sex couples standards, binational same-sex couples are unlikely to resemble opposite-sex couples. This could be due to international immigration law, especially in the case of financial interdependence if certain countries require finances to be kept separate in these cases, thus already excluding some couples and asking more than what opposite-sex couples must prove. Within the language of the bill opposite-sex couples are excluded from being able to become permanent partners under this act, making this bill only applicable to LGBT individuals. Additionally, same-sex couples with valid marriage certificates are prohibited from being considered “married” under this act and can only apply for visas as permanent partners. Due to the inability to be recognized as married partners under this act, the act then allows individuals who have had the opportunity in other states and countries to be married, but have chosen not to, the same immigration rights as those who have pursued marriage. . Additional criticism is presented under the opposition to UAFA section.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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