Uniting American Families Act

2013 U.S. bill

Uniting American Families Act

Legislative history
Bill citation| H.R. 519
S. 296
Introduced by| Rep. Jerry Nadler (D-NY)
Sen. Patrick Leahy (D-VT)
Introduced| February 5, 2013
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Uniting American Families Act of 2013

Long title| To amend the Immigration and Nationality Act to promote family unity, and for other purposes.
Announced in| the 113th United States Congress
Sponsored by| Rep. Jerrold Nadler (D‑NY 10th)
Number of co-sponsors| 16
Codification
Acts affected| Cuban Adjustment Act, Cuban Refugee Adjustment Act, Immigration and Nationality Act, LIFE Act, Miscellaneous Appropriations Act, 2001
Agencies affected| Department of Homeland Security,
Legislative history

* Introduced in the House as H.R. 519 by Rep. Jerrold Nadler (D, NY-10) on February 5, 2013
* Committee consideration by United States House Committee on the Judiciary,

The Uniting American Families Act (UAFA, H.R. 519, S. 296) is a U.S. bill to amend the Immigration and Nationality Act of 1952 to eliminate discrimination in immigration by permitting permanent partners of United States citizens and of lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and of lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.[1][2] If the partnership ends within two years, the sponsored partner's immigrant status would be subject to review.[3]

Beginning in the 111th Congress, the full text of UAFA, further expanded to provide rights to the children or stepchildren of the foreign-born partner, has been included as Title II of the Reuniting Families Act (H.R. 717), an immigration reform bill, last introduced in the United States House of Representatives on February 14, 2013, by California Congressman Michael Honda (D-CA).[4][5]

UAFA was introduced on February 13, 2013, in the United States Senate by Vermont Senator Patrick Leahy (D-VT)[6] and in the United States House of Representatives by New York Congressman Jerrold Nadler (D-NY).[7] The Senate version has 29 cosponsors.[8] The Senate legislation has been referred to the Senate Committee on the Judiciary.[9] Most of the cosponsors are Democrats and there is little Republican support for the legislation.[10] The 2013 bill was cosponsored by Republican Congressmen Charlie Dent and Richard L. Hanna.

There are an estimated 36,000 same-sex binational couples in 2000, according to the Census, who could benefit from this act.[3]

## Definitions of Permanent Partner and Permanent Partnership

[edit]

UAFA includes the following definitions:[11]

> The term "permanent partner" means an individual 18 years of age or older who--

>     (A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment;

>     (B) is financially interdependent with that other individual;

>     (C) is not married to or in a permanent partnership with anyone other than that other individual;

>     (D) is unable to contract with that other individual a marriage cognizable under this Act; and

>     (E) is not a first, second, or third degree blood relation of that other individual.

> The term "permanent partnership" means the relationship that exists between two permanent partners.

## Legislative history

[edit]

Congress  | Short title  | Bill number(s)  | Date introduced  | Sponsor  | # of cosponsors (excluding sponsor)  | Latest status

|
|
|
|
|
|

106th Congress | Permanent Partners Immigration Act of 2000  | H.R. 3650 | February 14, 2000  | Rep. Jerry Nadler (D-NY)  | 59  | Died in House Subcommittee on Immigration and Claims
107th Congress | Permanent Partners Immigration Act of 2001  | H.R. 690 | February 14, 2001  | Rep. Jerry Nadler (D-NY)  | 106  | Died in House Subcommittee on Immigration and Claims
108th Congress | Permanent Partners Immigration Act of 2003  | H.R. 832 | February 13, 2003  | Rep. Jerry Nadler (D-NY)  | 129  | Died in House Subcommittee on Immigration, Border Security and Claims
S. 1510 | July 31, 2003  | Sen. Patrick Leahy (D-VT)  | 12  | Died in Senate Judiciary Committee
109th Congress | Permanent Partners Immigration Act
Uniting American Families Act  | H.R. 3006 | June 21, 2005  | Rep. Jerry Nadler (D-NY)  | 115  | Died in House Subcommittee on Immigration, Border Security, and Claims
S. 1278 | June 21, 2005  | Sen. Patrick Leahy (D-VT)  | 13  | Died in Senate Judiciary Committee
110th Congress | Uniting American Families Act of 2007  | H.R. 2221 | May 8, 2007  | Rep. Jerry Nadler (D-NY)  | 118  | Died in House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
S. 1328 | May 8, 2007  | Sen. Patrick Leahy (D-VT)  | 18  | Died in Senate Judiciary Committee
111th Congress | Uniting American Families Act of 2009  | H.R. 1024 | February 12, 2009  | Rep. Jerry Nadler (D-NY)  | 135  | Died in House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
S. 424 | February 12, 2009  | Sen. Patrick Leahy (D-VT)  | 25  | Died in Senate Judiciary Committee
Reuniting Families Act
(Title II: Uniting American Families Act)  | H.R. 2709 | June 4, 2009  | Rep. Michael Honda (D-CA)  | 81  | Died in House Judiciary Committee
112th Congress | Uniting American Families Act of 2011  | H.R. 1537 | April 14, 2011  | Rep. Jerry Nadler (D-NY)  | 144  | Died in House Judiciary Committee.
S. 821 | April 14, 2011  | Sen. Patrick Leahy (D-VT)  | 29  | Died in Senate Judiciary Committee
Reuniting Families Act
(Title II: Uniting American Families Act)  | H.R. 1796 | May 6, 2011  | Rep. Michael Honda (D-CA)  | 78  | Died in House Judiciary Committee.
113th Congress | Uniting American Families Act of 2013  | H.R. 519 | February 5, 2013  | Rep. Jerry Nadler (D-NY)  | 139  | Referred to the House Judiciary Committee.
S. 296 | February 13, 2013  | Sen. Patrick Leahy (D-VT)  | 30  | Referred to Senate Judiciary Committee
Reuniting Families Act
(Title II: Uniting American Families Act)  | H.R. 717 | February 14, 2013  | Rep. Michael Honda (D-CA)  | 68  | Referred to House Judiciary Committee.

In the House of Representatives the bill was referred to the United States House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.[12] This subcommittee has sixteen members including the Chairman Zoe Lofgren (D-CA) and ranking member Representative Steve King (R-IA). The subcommittee consists of representatives from the states of California, Texas, Illinois, Utah, Iowa, Mississippi, New York and Resident Commissioner Pedro Pierluisi (D) from Puerto Rico. The subcommittee has six Republicans and ten Democrats on board.[13]

In the Senate the bill was referred to the Senate Committee on the Judiciary which consists of nineteen members which includes Chairman Patrick Leahy (D-VT) who re-introduced the bill and Ranking Member Senator Jefferson Sessions (R-AL). The committee consists of seven Republican Senators and twelve Democratic Senators. The Representatives on the committee come from seventeen different states; this differs vastly from the subcommittee to which the House of Representatives bill has been referred to.[14] Senator Patrick Leahy held a hearing on the bill on June 3, 2009.[15] The hearing was the first-ever hearing on the Uniting American Families Act. In the opinion of the national organization, Immigration Equality, the hearing was a fundamental and important first step for bringing UAFA into comprehensive immigration reform.[16]

On December 15, 2009, Congressman Luis Gutiérrez (D-IL) introduced his comprehensive immigration reform bill, H.R. 4321, the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP Act). Initially, it did not include UAFA, which upset many gay rights activists.[17] However, on July 15, 2010, Congressman Gutiérrez announced, "provisions of UAFA must be part of any comprehensive immigration reform bill."[18] Senator Charles Schumer wrote a letter to his LGBT constituency in March 2010 indicating that he is currently working with colleagues of both parties to work on comprehensive immigration reform. This comprehensive immigration reform, which in Senator Schumer's mind is more effective than "piecemeal legislation", will address the issue in the Uniting American Families Act.[19] An important political issue with UAFA revolves around the principle of family reunification; many conservatives do not want to be seen as anti-family reunification, especially with the growing Latino voter base.[17] Of note, is the fact that forty percent of LGBT binational couples in the United States include a Latino family member.[20]

## Effects of Obergefell v. Hodges Supreme Court decision

[edit]

In response to Obergefell v. Hodges Secretary of Homeland Security Janet Napolitano issued a statement on July 1, 2013 clarifying that LGBT spouses and fiancés would henceforth be treated the same as heterosexual couples for immigration purposes.[21] This eliminated the need for a stand alone bill.

## Support for Uniting American Families Act

[edit]

The support for the Uniting American Families Act has increased in the House of Representatives, but much less so in the Senate.[3] Organizations such as the Human Rights Campaign (HRC) and Immigration Equality, both supporters of LGBT rights legislation, support the bill. The HRC points out that the process for sponsoring a partner will have the same requirements that opposite-sex couples face. HRC also reports that 22 countries recognize same-sex couples under immigration law, including France, Germany, Israel, and the United Kingdom, among others.[22] The American Civil Liberties Union wrote in a letter of support for UAFA to senators that the bill does not provide special benefits for same-sex couples, but provides equal sponsorship. The ACLU also mentions that the bill follows traditional family reunification principles in immigration law that are already commonplace in various countries.[23] The Mexican American Legal Defense and Education Fund (MALDEF) supports UAFA and asks that comprehensive immigration reform include lesbian and gay immigrants.[24]

Several corporations and organizations, such as Intel Corporation and the Hotel Employees and Restaurant Employees Union, have expressed support for the bill.[3] The Immigration Equality website has a list of organizations, labor unions, civil rights groups, religious institutions, and businesses that support the bill including Parents, Families and Friends of Lesbians and Gays, the U.S. Conference of Mayors, League of United Latin American Citizens, American Bar Association, American Airlines and the American Jewish Committee.[25]

## Opposition to Uniting American Families Act

[edit]

Opponents believe that UAFA could open up the doors for Illegal immigration even though it would penalize those who attempt to evade immigration law. They believe that it will be hard for immigration officers to actually determine whether the partnership is long-term and permanent.[26] The Center for Immigration Studies does not support the bill because, in their opinion, it does not provide a reliable measure for indicating who is in a long-term committed partnership.[27] While previously supporting family reunification legislation, such as H.R. 6638, the United States Conference of Catholic Bishops does not support the inclusion of the Uniting American Families Act in a larger bill or standing on its own.[28] National Hispanic Christian Leadership Conference's (NHCLC) leader Reverend Samuel Rodriguez predicts that the wide and strong support that the NHCLC has garnered for comprehensive immigration reform will be lost if same-sex couples are to benefit from the reform.[27]

Roy Beck, the founder of NumbersUSA, an which works for lower immigration levels, opposed the Act.[29]

## Coverage of different-sex couples

[edit]

The bill's language applies only to applicable LGBT individuals and excludes different-sex couples from becoming permanent partners under its provisions.[30] Same-sex couples with valid marriage certificates are prohibited from being considered "married" under this act and can only apply for visas as permanent partners. Due to the inability to be recognized as married partners under this act, the act then allows individuals who have had the opportunity in other states and countries to be married, but have chosen not to, the same immigration rights as those who have pursued marriage.[30]

Although the bill is designed to align the rights of same-sex couples with those of different-sex couples, binational same-sex couples are unlikely to resemble different-sex couples. This could be due to international immigration law, especially in the case of financial interdependence if certain countries require finances to be kept separate in these cases, thus already excluding some couples and asking more than what different-sex couples must prove.[citation needed]

## References

[edit]

1. ^ H.R. 519
2. ^ S. 296
3. ^ a b c d C.S. Muncy (July 7, 2005). "Uniting American Families Act reintroduced last month". Gay and Lesbian Times.
4. ^ Title II - Uniting American Families Act.
5. ^ H.R. 717
6. ^ Senator Patrick Leahy (February 13, 2013).[1] Press Release.
7. ^ Representative Jerrold Nadler (February 5, 2013). [2] Press Release.
8. ^ U.S. Senate. 113th Congress, 1st Session. op. cit., see Cosponsors.
9. ^ "Uniting American Families Act of 2013 (2013 - S. 296)".
10. ^ National Journal: David Gauvey Herbert, "Uniting American Families Act," October 27, 2010, accessed March 5, 2012
11. ^ U.S. House. 113th Congress, 1st Session. op. cit., see Text of Legislation, Sec. 2.
12. ^ "Uniting American Families Act of 2009 (2009 - H.R. 1024)".
13. ^ "Courts Subcommittee Members". judiciary.house.gov. Archived from the original on 2008-08-29.
14. ^ "Senate Committee on the Judiciary".
15. ^ "View a Hearing or Meeting". judiciary.senate.gov. Archived from the original on 2009-05-28.
16. ^ "Leone Kraus".
17. ^ a b Lawrence, Stewart J (April 18, 2010). "US immigration's gay rights divide". The Guardian. London.
18. ^ "Rep. Gutierrez: UAFA Provisions Must be Part of Any Comprehensive Immigration Reform Bill". Archived from the original on 2011-07-21. Retrieved 2010-07-16.
19. ^ "Schumer Signals UAFA Inclusion". 18 March 2010.
20. ^ "Ariz. Law Bad for Gay Binational Couples | News | Advocate.com". Archived from the original on 2010-05-02.
21. ^ "Same-Sex Marriages | USCIS". 3 April 2014.
22. ^ Human Rights Campaign: "Talking Points: The Uniting American Families Act" Archived July 25, 2012, at the Wayback Machine, accessed March 5, 2012
23. ^ "ACLU Letter to Senate on the United American Families Act".
24. ^ "San Diego Gay and Lesbian News". 5 February 2010.
25. ^ "Endorsements for Uniting American Families Act". Immigration Equality Action Fund. Archived from the original on October 31, 2013.
26. ^ Preston, Julia (June 3, 2009). "Bill Proposes Immigration Rights for Gay Couples". The New York Times.
27. ^ a b Melloy, Kilian (June 3, 2009). "Effort to Include Gay Partners Threatens Immigration Bill". Edge Boston.
28. ^ "USCCB - (Office of Media Relations) Bishops Support Family Reunification Senate Bill, Not Able to Support Similar House Legislation". Archived from the original on 2010-05-11. Retrieved 2010-05-11.
29. ^ Beck, Roy (June 3, 2009). "My Testimony Today to Senate Judiciary Committee Asks Decisions Be Made In National Interest -- Not For Special Interests". Numbers USA.
30. ^ a b Timothy R. Carraher, "Some Suggestions for the UAFA: A Bill for Same-Sex Binational Couples," Northwestern Journal of Law and Social Policy, vol. 4 (Winter 2009), available online, accessed March 5, 2012

## External links

[edit]

English Wikisource has original text related to this article:

Uniting American Families Act of 2013 (H.R. 519; 113th Congress)

English Wikisource has original text related to this article:

Uniting American Families Act of 2013 (S. 296; 113th Congress)

* H.R. 519, House Bill Summary & Status via THOMAS
* S. 296, Senate Bill Summary & Status via THOMAS
* Immigration Equality Archived 2011-06-23 at the Wayback Machine
* National Center for Lesbian Rights
* Out4Immigration Out4Immigration addresses the widespread discriminatory impact of U.S. immigration laws on the lives of Lesbian, Gay, Bisexual, Transgender and HIV+ people and their families through education, outreach, advocacy and the maintenance of a resource and support network.
* Love Exiles Love Exiles was founded by US citizens that were forced to choose between their love and their country, a choice no citizen should ever have to make. The need to choose comes as a result of US immigration law that discriminates against gays and lesbians. Love Exiles have virtual communities and activist centers in the Netherlands, Canada, the UK, Spain, Australia and Germany.
* Human Rights Campaign Archived 2012-01-19 at the Wayback Machine
* Human Rights Watch
* Website of "Through Thick and Thin", a documentary about the immigration struggles of gay and lesbian couples in America - (April 20, 2008 Internet Archive)
* Uniting American Families, Website advocating passage of UAFA and featuring true stories of binational same-sex couples who are adversely affected by the status quo
* imeq.us Gay Immigration Equality Rights: Promoting public awareness of the need for fairness in immigration policy particularly as it relates to the rights of same-sex bi-national couples in the United States (USA) who seek immigration equality or equal immigration rights; Providing information regarding political issues relating to gay immigration equality rights and policy.
* Video of UAFA Senate hearings (June 3, 2009)

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Immigration to the United States and related topics

Relevant colonial era,
United States and
international laws

| 18th century|

* Nationality law in the American Colonies
* Plantation Act of 1740
* Naturalization Act of 1790 / 1795 / 1798

|

19th century|

* Naturalization Act of 1802
* Act to Encourage Immigration (1864)
* Civil Rights Act of 1866
* 14th Amendment (1868)
* Naturalization Act of 1870
* Page Act of 1875
* Immigration Act of 1882
* Chinese Exclusion Act of 1882
* Scott Act of 1888
* Immigration Act of 1891
* Geary Act of 1892

20th century|

* Immigration Act of 1903
* Naturalization Act of 1906
* Gentlemen's Agreement of 1907
* Immigration Act of 1907
* Immigration Act of 1917
* Immigration Act of 1918
* Emergency Quota Act of 1921
* Cable Act of 1922
* Immigration Act of 1924
* Indian Citizenship Act of 1924
* Philippine Independence Act of 1934
* Filipino Repatriation Act of 1935
* Nationality Act of 1940
* Bracero Program (1942–1964)
* Chinese Exclusion Repeal Act of 1943
* War Brides Act of 1945
* Alien Fiancées and Fiancés Act of 1946
* Luce–Celler Act of 1946
* UN Refugee Convention (1951)
* Immigration and Nationality Act 1952 / 1965
* Refugee Act of 1980
* Immigration Reform and Control Act of 1986
* Family Fairness (1987)
* Amerasian Homecoming Act of 1987
* Immigration Act of 1990
* Immigration and Nationality Technical Corrections Act of 1994
* Antiterrorism and Effective Death Penalty Act of 1996
* Illegal Immigration Reform and Immigrant Responsibility Act of 1996
* Nicaraguan Adjustment and Central American Relief Act of 1997
* American Competitiveness and Workforce Improvement Act of 1998

21st century|

* American Competitiveness in the 21st Century Act of 2000
* Victims of Trafficking and Violence Protection Act of 2000
* Child Citizenship Act of 2000
* Legal Immigration Family Equity Act of 2000
* Homeland Security Act of 2002
* H-1B Visa Reform Act of 2004
* Real ID Act of 2005
* International Marriage Broker Regulation Act of 2005
* Secure Fence Act of 2006
* Emergency Afghan Allies Extension Act of 2014
* Laken Riley Act of 2025

Visas and policies|

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* Deferred Action for Parents of Americans (DAPA)
* Parole
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* Trump travel ban

Government
organizations

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* U.S. Customs and Border Protection
* U.S. Citizenship and Immigration Services
* Immigration and Naturalization Service (INS)
* Executive Office for Immigration Review
* Board of Immigration Appeals
* Office of Refugee Resettlement

Supreme Court cases|

* Chae Chan Ping v. U.S. (1889)
* Nishimura Ekiu v. U.S. (1892)
* Fong Yue Ting v. U.S. (1893)
* U.S. v. Wong Kim Ark (1898)
* Ozawa v. U.S. (1922)
* U.S. v. Bhagat Singh Thind (1923)
* Knauff v. Shaughnessy (1950)
* Harisiades v. Shaughnessy (1952)
* Shaughnessy v. Mezei (1953)
* Kleindienst v. Mandel (1972)
* U.S. v. Brignoni-Ponce (1975)
* I.N.S. v. St. Cyr (2001)
* Zadvydas v. Davis (2001)
* Chamber of Commerce v. Whiting (2011)
* Trump v. Hawaii (2018)
* D.H.S. v. Regents of the Univ. of Cal. (2020)
* D.H.S. v. Thuraissigiam (2020)
* Department of State v. Muñoz (2024)

Related issues
and events

* 2006 protests
* Brooks County, Texas
* Central American migrant caravans
* Economic impact
* Effects
* Eugenics in the United States
* Guest worker program
* Human trafficking
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* Coyotaje
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* Mexico–United States border crisis
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* Labor shortage
* March for America
* Undocumented immigrant population
* Reverse immigration
* Unaccompanied minors from Central America
* Illegal immigration to the United States
* Detention and deportation of American citizens in the second Trump administration

Geography|

* Mexico–United States border
* Canada–United States border
* United States Border Patrol interior checkpoints

Proposed legislation|

* DREAM Act (2001–2010)
* H.R. 4437 (2005)
* McCain–Kennedy (2005)
* Comprehensive Immigration Reform Act 2006
* STRIVE Act (2007)
* Comprehensive Immigration Reform Act 2007
* Uniting American Families Act (2000–2013)
* Border Security, Economic Opportunity, and Immigration Modernization Act of 2013
* SAFE Act (2015)
* RAISE Act (2017)
* U.S. Citizenship Act of 2021

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* Washington Avenue

Operations|

* "Wetback" (1954)
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* "Gatekeeper" (1994)
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* "Streamline" (2005–present)
* "Return to Sender" (2006–2007)
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State legislation|

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* Arizona SB 1070 (2010)
* Alabama HB 56 (2011)

Non-governmental
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* Arizona Border Recon
* California Coalition for Immigration Reform
* CASA of Maryland
* Center for Immigration Studies
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* Community Change
* Federation for American Immigration Reform
* Improve The Dream
* Mexica Movement
* Mexicans Without Borders
* Migration Policy Institute
* Minuteman Civil Defense Corps
* Minuteman Project
* National Immigration Forum
* National Korean American Service & Education Consortium (NAKASEC)
* Negative Population Growth
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* NumbersUSA
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Documentaries|

* Borderland (TV series)
* Missing in Brooks County

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