Immigration equality
Encyclopedia
Immigration equality is a term which refers to the equal treatment of any or all citizens' 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 a lesbian and gay rights issue, as government recognition of same-sex relationship
s vary from country to country.
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 Haitian refugees and the repatriation of Haitian children.
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. But the US does not send back Cubans fleeing similar situations and regimes and many argue that immigration equality rights between the two nationalities should apply.
In 2006, protests continued for immigration equality rights for the Haitians as Lawyers protest Deportation of Illegal Immigrants to Haiti.
would end this discrimination and establish immigration equality.
Even though a number of US states have recognized same sex marriages and civil unions, immigration equality is still a long way off because the Defense of Marriage Act forbids the federal government from conferring any benefits to same sex couples.
In 1989, countries around the world began offering same-sex couples the chance to immigrate their foreign-born partners. Denmark (1989) [including Greenland (1996-1999)]; Andorra (2005); Argentina (2010); Austria (2010); Croatia (2003); Norway (1993); Sweden (1994); Australia (1995); Iceland (1996); Belgium (1997); United Kingdom (1997); New Zealand (1999); South Africa (1999); Israel (2000); Portugal (2001); The Netherlands (2001); Germany (2001); Finland (2001); Switzerland (2003); Brazil (2003); Canada (2005); Spain (2005); Czech Republic (2007) Colombia (2009), Japan (2009) and Ireland (2008 de facto couples & 2011 with civil partnership); Hungary (2009); Liechtenstein (2011); Slovenia (2006); Portugal (2010). The following three countries need to be verified: Luxembourg and France (The Franco-Luxembourgian Pacs system is limited for immigration purposed) and Uruguay.
for lesbian
, gay
, bisexual, transgender
, and HIV-positive individuals. Founded in 1994 as the Lesbian and Gay Immigration Rights Task Force, it has grown to a membership of 10,000 people in cities all over the country.
Immigration Equality also maintains a list of LGBT/HIV-friendly private immigration attorneys to provide legal representation for those who contact them. They also provide technical assistance to attorneys who are 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.
They maintain a blog "LGBT Immigration Rights" at Change.org as well as a letter writing campaign urging 5 representatives each week to support the Uniting American Families Act and to support an Inclusive Comprehensive Immigration Reform that includes LGBT Families.
They also worked with National Center for Lesbian Rights' Immigration Project to provide a monthly free legal clinic where participants get to consult with an immigration attorney to discuss their cases.
What We Do: NCLR is a non-profit, public interest law firm which litigates precedent-setting cases at the trial and appellate court levels; advocates for equitable public policies affecting the LGBT community; provides free legal assistance to LGBT people and their legal advocates; and conducts community education on LGBT legal issues.
Who We Serve: More than 5,000 lesbian, gay, bisexual, and transgender people and their families in all fifty states each year, including LGBT seniors, immigrants, athletes, and youth. And our impact litigation serves all LGBT people in the United States.
Same-sex relationship
A same-sex relationship is a relationship between two persons of the same sex and can take many forms, from romantic and sexual, to non-romantic close relationships. The term is mainly associated with gay and lesbian people...
s vary from country to country.
Immigration and migrant rights issue
In 1999, President 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 in 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 later 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.Haitians particularly sought immigration equality in the Elián González affair in 2000 when they organized demonstrations in Miami during an international tug of war
Tug of war
Tug of war, also known as tug o' war, tug war, rope war or rope pulling, is a sport that directly pits two teams against each other in a test of strength. The term may also be used as a metaphor to describe a demonstration of brute strength by two opposing groups, such as a rivalry between two...
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 Haitian refugees and the repatriation of Haitian children.
In 2004, The United Nations High Commissioner for Refugees
United Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...
, 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. But the US does not send back Cubans fleeing similar situations and regimes and many argue that immigration equality rights between the two nationalities should apply.
In 2006, protests continued for immigration equality rights for the Haitians as Lawyers protest Deportation of Illegal Immigrants to Haiti.
United States
In the United States, gay and lesbian Americans are not currently afforded the same rights and responsibilities under current immigration law as their heterosexual counterparts. The Uniting American Families ActUniting American Families Act
The Uniting American Families Act is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination 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...
would end this discrimination and establish immigration equality.
Even though a number of US states have recognized same sex marriages and civil unions, immigration equality is still a long way off because the Defense of Marriage Act forbids the federal government from conferring any benefits to same sex couples.
Worldwide
Currently at least 29 countries, and most developed countries, aside from the US, provide immigration equality to their citizens.In 1989, countries around the world began offering same-sex couples the chance to immigrate their foreign-born partners. Denmark (1989) [including Greenland (1996-1999)]; Andorra (2005); Argentina (2010); Austria (2010); Croatia (2003); Norway (1993); Sweden (1994); Australia (1995); Iceland (1996); Belgium (1997); United Kingdom (1997); New Zealand (1999); South Africa (1999); Israel (2000); Portugal (2001); The Netherlands (2001); Germany (2001); Finland (2001); Switzerland (2003); Brazil (2003); Canada (2005); Spain (2005); Czech Republic (2007) Colombia (2009), Japan (2009) and Ireland (2008 de facto couples & 2011 with civil partnership); Hungary (2009); Liechtenstein (2011); Slovenia (2006); Portugal (2010). The following three countries need to be verified: Luxembourg and France (The Franco-Luxembourgian Pacs system is limited for immigration purposed) and Uruguay.
LGBT immigration organizations
Organizations involved with LGBT immigration issuesImmigration Equality, Inc. (United States)
Immigration Equality is a national organization fighting for equality under U.S. immigration lawImmigration law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
for lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
, gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
, bisexual, transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
, and HIV-positive individuals. Founded in 1994 as the Lesbian and Gay Immigration Rights Task Force, it has grown to a membership of 10,000 people in cities all over the country.
Immigration Equality also maintains a list of LGBT/HIV-friendly private immigration attorneys to provide legal representation for those who contact them. They also provide technical assistance to attorneys who are working on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, transgender identity, or HIV status-based asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
applications, or other immigration applications where the client’s LGBT or HIV-positive identity is at issue in the case.
Out4Immigration (United States)
Out4Immigration is a volunteer grassroots organization that addresses the widespread discriminatory impact of U.S. immigration laws on the lives of Lesbian, Gay, Bisexual, Transgender and HIV+ people and their families through education, outreach, advocacy and the maintenance of a resource and support network.They maintain a blog "LGBT Immigration Rights" at Change.org as well as a letter writing campaign urging 5 representatives each week to support the Uniting American Families Act and to support an Inclusive Comprehensive Immigration Reform that includes LGBT Families.
They also worked with National Center for Lesbian Rights' Immigration Project to provide a monthly free legal clinic where participants get to consult with an immigration attorney to discuss their cases.
National Center For Lesbian Rights (United States)
The National Center for Lesbian Rights, founded in 1977, is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.What We Do: NCLR is a non-profit, public interest law firm which litigates precedent-setting cases at the trial and appellate court levels; advocates for equitable public policies affecting the LGBT community; provides free legal assistance to LGBT people and their legal advocates; and conducts community education on LGBT legal issues.
Who We Serve: More than 5,000 lesbian, gay, bisexual, and transgender people and their families in all fifty states each year, including LGBT seniors, immigrants, athletes, and youth. And our impact litigation serves all LGBT people in the United States.
Love Exiles (The Netherlands)
Love ExilesExternal 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