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With Congress poised to revisit the delicate issue of immigration reform, there are 36,000 bi-national lesbian, gay, and bisexual families in the United States whose love and lives hang in the balance. In the absence of policy changes allowing Americans to sponsor their same-sex partners for residency, these families will continue to face the threat of having their loved ones deported. Couples will still confront gut-wrenching choices between their relationships and their homelands.
The story of Shirley Tan, her partner Jay Mercado, and their twin sons, Jashley and Joriene is perhaps the best recent illustration of these dilemmas. 23 years ago, Shirley met Jay during a trip to the United States with her father. They fell in love and continued their relationship even after the expiration of Shirley’s travel visa forced her to return to the Philippines six months later.
When she got home, Shirley discovered that the man who had brutally murdered her mother and sister and almost killed her ten years earlier, had been released from prison. Fearing for her life, Shirley returned to Jay and they began a life together in California. In 1995, Shirley applied for asylum. When her application was denied, her attorney appealed the decision. For several years, despite repeated inquiries, they heard nothing about the status of her case. No one informed them that her appeal had been denied.
In the meantime, Shirley and Jay lived as a committed couple. 12 years ago, Shirley gave birth to their twin sons and became a full-time mother. She cared for Jay’s ailing mother. They bought a house and built a wonderful network of supportive family and friends. They became active members of their Catholic church and Shirley volunteered at the boys’ school. They were a happy family living their version of the American Dream.
All of that changed on January 28, 2009. That morning, Immigration Custom Enforcement agents came to the Tan-Mercado home and presented a copy of Tan’s 2002 deportation letter. Ignoring her protests that she had never before seen the document, the agents handcuffed Tan and led her into a van. “In an instant, my family, my American family, was being ripped away from me.” she later explained to the U.S. Senate Committee on the Judiciary.
Neither having a partner who is a U.S. citizen nor being the mother of two children who are also U.S. citizens provided any recourse for Shirley Tan. Because this is a family headed by a same-sex couple, neither Mercado nor their children could petition for Tan to remain in the United States. Only the intervention of Senator Diane Feinstein (D-CA) saved the Tan-Mercado family from separation.
In a rare move, Feinstein introduced a bill calling for clemency for Tan. Her action triggers a 21-month period in which the Senate will decide whether or not to address the issue. It is considered highly unlikely that they will choose to do so. In the meantime, Tan remains in California with those she loves most.
Most lesbian, gay, and bisexual transnational families are nowhere near as lucky as the Tan-Mercados. But passage of the Uniting American Families/Reuniting American Families bills currently pending in the U.S. Senate and House respectively could change that. The crazy quilt status of same-sex marriage, civil unions, and domestic partnerships in the United States amplifies the importance of this legislation. At present, a bi-national same-sex couple can be legally married in one of five U.S. states, but that still does not accord a U.S. citizen the right to sponsor his or her foreign-born spouse for permanent U.S. residency.
Sudden job losses fueled by the current economic downturn are placing additional burdens on these families. Many foreign-born partners are finding themselves in peril of losing employment-based green cards and unable to apply for family-based green cards. While dealing with the challenges of securing new jobs in a difficult economic climate, these individuals face the concurrent threat of family separation as a result of deportation.
Although co-sponsors disagree on whether immigration equality for same-sex couples should be part of a larger immigration reform package or addressed as a stand-alone issue, there is little question that the debate on all aspects of immigration reform will be contentious and protracted.
But while the political maneuvering proceeds, thousands of same-sex bi-national couples live in fear that love will not be enough to keep them together.
Tags: bisexual, gay, lesbian, LGBT issues, same-sex couples
Laura Belmonte
Laura Belmonte is Professor of History and Director of American Studies at Oklahoma State University. Her work includes _Selling the American Way: U.S. Propaganda and the Cold War_ and the anthology _Speaking of America: Readings in U.S. History_