Starting tomorrow the Senate Judiciary Committee lead by Senator Patick Leahy of VT will convene hearings on the Uniting American Families Act (UAFA), which would allow gay and lesbian Americans to sponsor their permanent partners for residency in the United States. In a press release from Immigration Equality announcing the hearings:

“Every day, an estimated 36,000 binational couples, nearly half of whom are raising children, are facing separation, or already living separately, because our country refuses to treat them equally under the law,” said Rachel B. Tiven, executive director of Immigration Equality.  “These loving, committed families are faced with an untenable choice between the person they love and the country they love.  Many are forced to uproot their lives and leave their extended families, jobs and communities behind. It is long past time that Congress fixed our broken immigration system, including this pervasive discrimination against so many families. Senator Leahy’s hearing, coming just as President Obama and Congress prepare to address comprehensive immigration reform, is a step in the right direction.”

Wednesday’s hearing will feature Shirley Tan, a Filipina mother of 12-year-old twins from Pacifica, Calif., who is facing deportation despite having been with her partner for 23 years. Though Tan’s children and partner are American citizens, she cannot be sponsored for residency because her partner is female. Unless Congress takes action to pass UAFA, Tan will be forced to return to the Philippines.

Joining Tan as a witness will also be Gordon Stewart, a native of Vermont who was forced to sell his family’s farm and relocate to London to be with his partner, who is Brazilian. Stewart, who transferred his job with Pfizer Pharmaceuticals to the United Kingdom, has been welcomed in that country, where his partner received a visa to be with him. Under U.S. immigration law, his partner was unable to join him in the United States, and Stewart was forced to leave his family behind to be with the person he loves. Other witnesses include Julian Bond, chairman of the National Association for the Advancement of Colored People (NAACP) and attorney Christopher Nugent, who will represent the American Bar Association (ABA).

Inside, Looking Out will be covering the UAFA hearings tomorrow so check back for regular updates.

Shirley Tan, a California mom who was nearly deported in April because her  same-sex partner could not legally sponsor her for citizenship, has been invited to testify by Senator Patrick Leahy (D-VT) in the Uniting American Families Act (UAFA) hearings starting June 3. If passed, UAFA would extend same-sex couples the same immigration rights enjoyed by married couples, creating a legal path to citizenship.

Tan’s partner Jay Mercado and their twin sons will make the trip to Washington with their lawyer Melanie Nathan. From Nathan’s blog:

When I spoke to  Jay today, she said that the family is very honored and extremely excited to go to DC for this historic hearing.  They are looking forward to a visit to their representatives offices, Rep Jackie Speier and Senator Feinstein, especially to thank all the staffers who worked so hard to help them.

Shirley ’s ultimate ability to stay in the USA will depend on passage of  the Uniting of American Families Act. Shirley and Jay’s trip to DC will be sponsored by Immigration Equality,  who were great to work with when negotiating the details of the family’s participation.  Shirley and the family have stated that they will do everything they can to assist in getting UAFA passed.

Nathan will have extensive coverage the hearings on her blog as will we at inlookout.com. There will also be a live webcast of the hearings starting at 10am EST on June 3.

For background on their story, please watch the video below which aired just prior to Tan’s stay of deportation:

Senator Patrick Leahy will convene hearings on the Uniting American Families Act (UAFA) starting June 3.  UAFA will eliminate immigration discrimination against bi-national same-sex couples by providing a legal path to citizenship. This will be the first time in the bill’s long history where it will actually receive a hearing, and is truly good news for those currently suffering under existing immigration policies. More from Immigration Equality:

The June 3rd hearing will not only be a milestone on our path to victory in Washington, but it will also be a watershed moment for ensuring that our families are part of the national conversation on immigration reform. This will be a powerful moment – and a significant step forward – in our work to educate lawmakers about our relationships and engage Congressional leaders on the issue. Members of Congress are traditionally reluctant to pass legislation that has not been discussed and weighed in at Congressional hearings, so a hearing is critical to UAFA’s future success, and its inclusion in comprehensive immigration reform. The hearing is, quite simply, one of the most significant moments ever in our work to secure full equality for lesbian and gay binational couples.

UAFA currently has 17 co-sponsors in the Senate under bill S.424 and 102 co-sponsors in the House of Representatives under H.R.1024. Congresswoman Jackie Speier has previously indicated that the measure will likely  be rolled into a larger immigration reform provided UAFA gets out of committee.

Thanks to a private clemency bill introduced by Senator Diane Feinstein, Shirley Tan will thankfully be able remain with her partner Jay Mercado and their twin sons, at least until the Senate decides if it wants to address the bill, which could take up to 21 months, or through the end of this Congress in 2010. This grants a much larger window of opportunity for the Uniting American Family Act (UAFA) to pass which would allow binational couples to sponsor their same-sex partners, and allow Tan to legally stay in this country.

From Tan’s attorney Melanie Nathan…

Today Senator Feinstein introduced a very rare private bill on behalf of Shirley Tan; Shirley will not have to leave the USA for now and hopefully never. The essence of its introduction is that Tan does not have to leave the USA on May 10th, in terms of the voluntary order issued by DHS. This enables her to stay in the USA, legally, until the private bill passes ( a rare occurrence)- and if it does not come up for a vote then she can stay for the duration of this Congress’s session, which has approximately a year and nine months left. However Shirleys ultimate saviour will be UAFA and nothing else!

…

A great big thanks from the Tan-Mercado family to Rep. Speier and her amazing staff as well as Sen. Feinstein and her staff, all of whom showed extraordinary care and diligence through the process. A special mention to the organizations that lent their support. Marriage Equality, Immigration Equality, Out4Immigration, Love Exiles and all the Media that remained so patient and supportive. Sen Boxer is sponsoring UAFA and we now hope that Sen. Feinstein will do the same as many many others are in as bad a predicament as Shirley Tan has been.

…

When I spoke to Jay today she was crying with joy and said the whole family including the boys were absolutely overwhelmed with emotion. The news was conveyed to her directly by Senator Feinstein’s office. It has been a long and arduous process and so a very special thank you goes to Attorney Phyllis Beech, San Francisco and Fresno. I will write more later – but now I have to call and tell everyone the good news.

More at Melanie Nathan’s blog.