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Glenn D. Magpantay is a staff attorney at the Asian American Legal Defense & Education Fund in San Francisco and can be reached at gmagpantay@aaldef.org.


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To love could be criminal again
Only three years ago, states could turn gays into felons. Will we stand by while it happens to immigrants?

HOME > VIEWPOINT > OPINION

Apr 28, 2006  |  By: GLENN MAGPANTAY  | COMMENTS      Printer Friendly Version

AS I WATCHED the marches in Los Angeles, Phoenix, Denver and New York of immigrants from all walks of life stand up for their rights, I wondered: Where are the gay marchers?

The silence of the lesbian, gay, bisexual and transgender community in the national campaign for immigrants’ rights has been disheartening. We have something to say about the struggle for equality.

Gay men and lesbians have long championed that justice denied for one is justice denied for all. But where are we as Congress debates the fate of millions of immigrants in our country?

Are we too preoccupied and too focused only with marriage equality to care at all? I hope not.

The draconian bill adopted by the House last December would make being an undocumented immigrant in this country a felony. It was only a few years ago that half the states criminalized sexual relations between same-sex couples.

The Supreme Court’s decision striking down sodomy laws changed all that. But now Congress is proposing something similar for another group. Can we stand by and allow this to go unchallenged?

THE HOUSE BILL makes it illegal to help and support undocumented immigrants. It penalizes vulnerable gay and HIV-positive immigrants and binational same-sex couples.

The bill could subject to criminal prosecution the U.S. citizens who love and care for their undocumented immigrant partners, along with certain LGBT groups, HIV health care providers, churches and social workers. Yet again, to love would be criminal.

Countless lesbians and gay men are immigrants themselves. Immigrants’ rights must be incorporated into the struggle for queer liberation. Indeed, we have similar aspirations.

We are fighting for our families. Immigrants are fighting for policies that promote family reunification. Immigrants and their children should be together.

Gays are fighting for the support and recognition of our families as well. We seek the right to marry and for gay parents and their adoptive children to also be together. We should strengthen and expand families, not tear them apart.

We are also fighting for healthy work environments. Immigrants are seeking labor protections so that migrant workers and other immigrants are treated with dignity and respect.

And we seek this to provide for our families. Our families may encompass our domestic partners, our children, parents, and grandparents or other family members. They may be here or abroad.

IN REACTION TO the mass protests, the Senate Judiciary Committee adopted a bill that creates a path to legal permanent residency and ultimately citizenship for certain undocumented workers and college students. It provides some protections for migrant workers. It addresses the extensive backlogs in processing visas for family members abroad of immigrants living in the U.S.

While cautiously applauded by advocates, much more remains to be done. Congress has yet to address the detention and deportation of immigrants.

Congress would still require that local police enforce complicated immigration laws and allow them to detain those whom they simply believe to be in violation. Gays know well the problems with police misconduct and brutality, particularly those of color and gay youth.

Congress has yet to allow for the reunification of binational same-sex couples and ease the highly restrictive process to apply for political asylum.

After the Judiciary Committee came out with its immigration bill, the National Gay & Lesbian Task Force issued a statement calling for comprehensive immigration reform. The Task Force called the House bill "mean-spirited election-year pandering to the ‘send them home’ crowd and scapegoating of yet another group in our country perceived to be unpopular and powerless."

Those who despise and scapegoat immigrants have no love for gays, either. The gay rights movement needs allies. But we must be real allies to others as well and rise to the occasion. Until we are all free, none of us are free.



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