Is There Still a Chance for Same-Sex Couples to Win Immigration Rights in the Reform Bill?

gemA lot of interesting immigration-related matters have been hitting my email inbox lately. First there was this video on Upworthy, with the heading, “I’d Like To Think I’m An Informed Straight Ally, But I’m Embarrassed I Didn’t Know This.” If Brandon didn’t know, I’m going to guess a few other people also don’t know the following:

Regardless of its legality in the state or country where it took place, a same-sex marriage still, today, does not offer the noncitizen a path to a U.S. green card. And there’s precious little the couple can do to get the noncitizen any other long-term visa or right to stay in the U.S., either. The welcome mat is out for heterosexual married couples — potentially even if they met online a few months ago and have barely spoken in person, one might note — but federal law draws a bright line on this one. The video posted on Upworthy gives a wrenching look at an American/British male married couple who are trying to deal with the all-too-brief amounts of time that U.S. law lets them spend together.

It would be so easy to fix this: In fact, the language proposed by Senator Patrick Leahy as an amendment to the draft immigration reform bill is a model of simplicity, stating “an individual shall be considered a ‘spouse’ and a marriage shall be considered a ‘marriage’ for the purposes of this Act if (1) the marriage of the individual is valid in the State in which the marriage was entered into; or (2) in the case of a marriage entered into outside of any State, the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State.’’

A few weeks ago, however, the headlines were all about the disappointment of LGBT advocates as Leahy announced that he was withdrawing this amendment, in the interests of passing the bill as a whole.

Yet according to the blogosphere and the American Immigration Lawyers Association, he has refiled it. And according to another email I received today, from Emily Saliers of the Indigo Girls, a briefing is being held for Congressional staffers today at which she and other LGBT advocates will testify to why immigration reform “must include all families.” Emily says, “My partner Tristin is from Canada. We met nearly ten years ago when Tristin was serving as a substitute tour manager for the Indigo Girls. We soon became friends and then slowly fell in love. Even though we are a completely committed family (which includes our six-month old daughter Cleo!), there is no way for me to sponsor Tristin for a green card to keep our family together. This is the story I will be sharing on Capitol Hill today.”

You’d think I’d be humming an Indigo Girls tune after writing this blog. (And I’d be happy to, really.) But the song going through my head is actually Lenny Kravitz’s “It Ain’t Over Til It’s Over.”