Washington Week: Student Voices (O)

COLUMN: Immigration as a queer issue
By Ryan Miller
Daily Texan (U. Texas)
04/14/2006

(U-WIRE) AUSTIN, Texas — In the past several weeks, hundreds of thousands of people in the United States have taken their case for fair and just immigration reform directly to the streets. While debate has raged in many communities regarding which flags to fly, there's one flag that has been noticeably absent from most events: the rainbow flag.

Standing by the East Mall fountain at Monday's campus protest, I heard one mention of gay rights without explanation, voiced to little fanfare.

Some might wonder how queer and immigrant rights are connected. The two issues are connected on the most basic level simply because many people share both identities. One cannot point to two separate groups of people, one concerned only with immigration and one concerned only with lesbian, gay, bisexual and transgender rights.

Each person possesses multiple identities, meaning we each fall in a variety of categories and communities, and for many people, the identities of queer and immigrant are not separate. According to the 2000 Census, in more than 10 percent of same-sex couples in the United States, either one or both partners are non-citizens.

This connection is vital, because immigration law in the United States is particularly vicious when it comes to the rights of queer and HIV-positive people.

Look first to the Defense of Marriage Act, signed into law by President Bill Clinton in 1996 and voted for by the University's own native son, Congressman Lloyd Doggett. The act defined marriage as between a man and a woman, with the obvious implication that same-sex couples cannot be married. But because same-sex couples are not legally recognized, one partner cannot sponsor or be sponsored for immigration. By contrast, heterosexual bi-national couples have this option.

Some have resorted to fraudulent heterosexual marriages of convenience in an attempt to gain legal status in the United States. This option is hardly desirable: If caught, both partners (including the one who resides in the United States legally) can face up to five years in prison and a $250,000 fine, according to Lambda Legal.

Transgender individuals are also discriminated against in the immigration process. Those who immigrate and transition from one gender to another are at constant risk of being accused of falsifying documents. Penalties for falsification may become more intense depending on the immigration bills that Congress may eventually pass.

Members of transgender communities also feel the impact of the nation's non-recognition of same-sex couples. The U.S. Citizenship and Immigration Service will not approve any immigration application using marriage as a criterion if one of the spouses is transsexual - even if the couple identifies as and is assumed to be male and female.

Additionally, HIV-positive people are almost completely banned from immigrating to the United States. While this issue affects multiple communities, it particularly impacts LGBT people. One of the few ways to potentially gain a waiver and enter the U.S. as a person with HIV is to have a family member living in the country.

Once again, being in a same-sex couple would not be reason enough to be allowed into the United States. On the other hand, someone who is HIV-positive, but is sponsored for immigration by an opposite-sex partner who is a U.S. citizen, would likely be allowed to immigrate, according to Lambda Legal.

The sum of this discrimination is that LGBT immigrants are multiply marginalized in the United States. The U.S. Congress - and the Texas Legislature - have proven that while in session, marginalized communities are put at further risk. Look no further than current immigration bills being considered in Congress, and last year's marriage amendment in Texas, for proof.

The need is more apparent than ever for a coalition of underrepresented communities to stand shoulder-to-shoulder and proclaim that an attack on one of us is an attack on all of us. To secure true equality, fair and just immigration reform must include rights for queer and HIV-positive immigrants.

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