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| Winston Graces of Equador protests in New York last week, joining thousands of immigrants across the country in demonstrating against proposed immigration reform laws. Experts are warning that gay immigrants and bi-national couples may face prosecution if those laws are enacted. (Photo by Frank Franklin II/AP) |
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HOME > NEWS > NATIONAL NEWS
By: ELIZABETH WEILL-GREENBERG COMMENTS
 
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said Daley. "Transgender people are at huge risk for harassment [and] sexual violence."
Not only does the Senate bill expand who can be detained, it allows for immigrants to be held indefinitely, which the U.S. Supreme Court ruled was unconstitutional, said Sohn. This applies to immigrants who are currently in detention and those who will be held in the future. This would also include immigrants who have been granted relief under the Conventions Against Torture or immigrants whose countries will not take them back, Sohn said. Detention facilities currently are required to release immigrants after about six months, Sohn said.
The House bill, the Border Protection, Antiterrorism & Illegal Immigration Control Act, sponsored by Republican Rep. James Sensenbrenner of Wisconsin and Rep. Peter King of New York, broadens the category of "smuggling" so it could include family members, partners, church volunteers, health care workers, friends and lawyers.
Smuggling is a felony punishable by five years in prison and forfeiture of assets. Unlike the House version, the Senate bill carves out a narrow humanitarian exception to the smuggling provision that would exempt agencies and individuals that provide humanitarian help, Sohn said.
However, this could still leave bi-national same-sex couples vulnerable to criminal prosecution, Sohn added.
Rep. Jerry Nadler (D-N.Y.) and Sen. Patrick Leahy (D-Vt.) introduced the Uniting American Families Act, formerly the Permanent Partners Immigration Act, to allow same-sex "permanent partners" to stay together.
The bill would create the new "permanent partner" category for immigration purposes only. Same-sex couples would be subject to the same evaluations that straight couples go through to verify authenticity of a relationship.
The current immigration restrictions have forced many bi-national gay couples — where the partners are from different countries — to move outside the United States to one of the 16 countries that provide immigration benefits for same-sex couples.
But spokespeople for Nadler and Leahy say the bill is stalled in committee and is not moving forward.
"It has been referred to the House Judiciary Committee," said Nadler spokesperson Reid Cherlin. "It has not been brought up. It’s not likely to be."
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