Earlier this week, Democratic Rep. Jackie Speier (CA-12) , a co-sponsor of the Uniting American Families Act (UAFA) which would allow gays and lesbians to sponsor their foreign-born partners for citizenship, expressed her concerns about passing the bill as a part of larger immigration reform.

“By making the bill comprehensive it does muddy the waters,” said the freshman House member, who predicted “nothing will happen this year on immigration.”

Speier voiced her concerns about the strategy at a town hall meeting she held August 31 for the LGBT community in San Francisco. The northern most sections of Speier’s 12th Congressional District reach into portions of the city, including such LGBT-heavy neighborhoods as Glen Park, Diamond Heights, and Twin Peaks.

Since winning a special election to her seat last year, Speier has quickly moved to back several legislative efforts to win LGBT rights. The issue of immigration has been especially fraught for the Peninsula lawmaker, as several of her constituents who are binational same-sex couples have reached out to her for help with immigration issues.

Speier’s view seems to have changed since a town hall earlier this year, where she indicated “the only way that bill is going to get passed is if its part of a larger immigration reform measure.” In addition to the standalone act, UAFA compatible language also exists in the omnibus immigration reform bill called Reuniting Families Act, sponsored  by Congressman Mike Honda (CA-15).

In her short 16 months in Congress, Speier has proven herself to be a strong ally and advocate for the LGBT community, and was instrumental in staying the deportation of a lesbian mother this past spring.

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:

At a townhall meeting this past weekend I asked Congresswoman Jackie Speier (CA-12)—who represents my district—about immigration reform as it pertains to bi-national same-sex couples.

Speier is one of 97 co-sponsors for the Uniting American Families Act (UAFA), which provides a path to citizenship for bi-national same-sex couples where one of the partners is not a natural-born or naturalized citizen. I asked Speier what was the best method of passing UAFA, either as a stand-alone  measure or as a part of more comprehensive immigration reform. I framed the question  around the story of Shirley Tan and Jay Mercado, a local bi-national lesbian couple nearly split apart by deportation. Speier responded directly:

So the only way that bill is going to get passed is if it’s part or larger immigration reform measure. That’s the intention of Zoe Lofgren who chairs the subcommittee and who will be moving the bill once one is actually crafted, and that’s the way we are going to see it happen.

Speier then began to speak at some length about the Tan and Mercado family:

The Tan family was in the office yesterday; they came in to thank us for the effort we had made. I’ve got to tell you this is a wonderful family with two thirteen your old boys that love both their parents and were frightened that they were going to lose their mother. So Senator Feinstein introduced a private bill which would prevent deportation.

…

They are now home and have two years of breathing space. This deportation will occur in two years unless Senator Feinstein reintroduces the bill. So hopefully we can address this issue [UAFA]. For those of you who don’t know about this… does anyone not know about this issue?

A smattering of nods and few voices in the affirmative…

Our immigration laws provide that if you are a naturalized or natural-born citizen and you marry some one who is not, that you can petition to have that individual stay in this country and receive a green card. Now, if you happen to be a gay or lesbian couple, that does not apply.

So in this case, this couple had been together 23 years, had been married locally, had two sons—the egg came from one spouse and was carried by the other spouse. The two of them are very committed physically, and emotionally to these children. And they’ve lived their lives in Pacifica… and their two sons were about to lose their mom. She was going to be deported mid-April.

We got a stay and we were able to do more due diligence, and finally Senator Feinstein said she could introduce the bill, so they now are an intact family.

And I did a home visit, because as part of the due dilligence, I wanted to find out if it was real or if it was a sham. And I looked through probably 6 picture albums, over the course of 13…15 years and there was never a more intact family, more committed family, more loving family. And they shouldn’t be discriminated against.

Pure and simple.

What followed was a resounding applause, perhaps the largest of the event. It filled me with hope and optimism, that this crowd of strangers felt empathy and support for the plight of Mercado and Tan family.

While not well-versed in the intricacies of getting legislation passed into law, I am concerned that UAFA will be bundled as a part of larger immigration reform. UAFA and the protections it provides is just the kind of the line item that can easily be scratched from a bill in order to get it through committee and eventually passed, particularly when contentious Republicans and Blue Dog Democrats may take issue with it. Senator Charles Schumer is optimistic comprehensive immigration reform may come before year’s end.

Never-the-less I applaud Speier’s support of UAFA and the Mercado and Tan family. In addition to UAFA, Speier continues to be a strong ally for the LGBT community, having co-sponsored HR. 1283 which would repeal Don’t Ask, Don’t Tell, and voting for hate crimes legislation for LGBT, transgendered and disabled persons.