BILL ANALYSIS                                                                                                                                                                                                    






                           SENATE JUDICIARY COMMITTEE
                            Martha M. Escutia, Chair
                           2003-2004 Regular Session


          AJR 60                                                 A
          Assembly Member Lieber                                 J
          As Amended June 24, 2004                               R
          Hearing Date: August 10, 2004
          Resolution                                             6
          KH                                                     0


                                     SUBJECT
                                         
                        Immigration:  Same-sex Partners

                                   DESCRIPTION  

          This resolution would urge the President and Congress of  
          the United States to adopt the Federal Permanent Partners  
          Immigration Act of 2003 (PPIA), which would add the phrase  
          "or permanent partner" to sections of immigration law that  
          provide immigration rights to spouses of U.S. citizens and  
          permanent residents, thereby allowing gay and lesbian  
          citizens to sponsor their partners for U.S. residency.

                                    BACKGROUND 

          According to the Bureau of Citizenship and Immigration  
          Services (BCIS), formally known as the Immigration and  
          Naturalization Service (INS), same-sex partners of U.S.  
          citizens or permanent residents are not considered to be  
          family and cannot be sponsored by their partners for  
          family-based immigration.

          Sixteen other countries (Australia, Belgium, Brazil,  
          Canada, Denmark, Finland, France, Germany, Iceland, Israel,  
          the Netherlands, New Zealand, Norway, South Africa, Sweden,  
          and the United Kingdom) currently recognize same-sex  
          partnerships for immigration purposes.

          The federal PPIA would add the term "permanent partner" to  
          the list of definitions within the Immigration and  
          Nationality Act (INA) and would enable U.S. citizens and  
                                                                 
          (more)



          AJR 60 (Lieber)
          Page 2



          permanent residents to sponsor their permanent partners for  
          family-based immigration, as can be done for a spouse.  A  
          permanent partner would be defined in the PPIA as an  
          individual 18 years of age or older who: is in a committed,  
          intimate relationship with another individual 18 years of  
          age or older in which both parties intend a lifelong  
          commitment; is financially interdependent with that other  
          individual; is not married to or in a permanent partnership  
          with anyone other than that other individual; is unable to  
          contract with that other individual a marriage cognizable  
          under the Immigration and Nationality Act; and is not a  
          first, second, or third degree blood relation of that other  
          individual.

          (This analysis reflects author's amendments to be offered  
          in Committee.)

                             CHANGES TO EXISTING LAW
           
           This resolution  would make various findings, including:

          1)   Approximately 65 percent of the one million green  
               cards and immigrant visas issued each year go to  
               family members of United States citizens and legal  
               permanent residents;
          2)   According to the Bureau of Citizenship and Immigration  
               Services (BCIS), formally known as the Immigration and  
               Naturalization Service (INS), the current definition  
               of family excludes same-sex partners;
          3)   The principle of family unification is an unassailable  
               characteristic of our immigration system under which  
               legal permanent residents and United States citizens  
               should be able to sponsor their loved ones for  
               immigration status;
          4)   The intent of the Permanent Partners Immigration Act  
               of 2003 is to recognize the reality that same-sex  
               couples are deserving of the same basic immigration  
               benefits as heterosexuals and to allow gay or lesbian  
               citizens to sponsor their partners to become United  
               States residents, and although there are a relatively  
               low number of binational same-sex couples, they are  
               severely harmed by discrimination and a lack of  
               protection under current immigration law; and 
          5)   The Permanent Partners Immigration Act of 2003 is an  
               appropriate next step towards establishing equality in  
                                                                       




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               immigration standards for same-sex partners.

           This resolution  would resolve that the Legislature urges  
          the President and Congress of the United States to adopt  
          the PPIA.

                                     COMMENT
           
           1.Stated need for the resolution  

            In support of this resolution, the author states:

               Gay and lesbian U.S. citizens are prohibited from  
               petitioning to sponsor a same-sex partner for  
               immigration purposes, forcing thousands of couples to  
               live apart or to migrate to one of the 16 countries  
               with more hospitable immigration laws.  Assembly Joint  
               Resolution 60 declares the California Legislature's  
               support for the Federal Permanent Partners Immigration  
               Act (PPIA) currently under consideration in the U.S.  
               Senate (S. 1510) and House of Representatives (H.R.  
               832). The PPIA would allow U.S. citizens and legal  
               permanent residents the ability to sponsor a same-sex  
               foreign partner for immigration to the United States.   
               . . . U.S. immigration is largely based on the  
               principle of family unification, which allows U.S.  
               citizens and legal permanent residents to sponsor  
               their spouses (and other immediate family members) for  
               immigration purposes.  Same-sex partners of U.S.  
               citizens or legal permanent residents, however, are  
               not considered to be family, and thus cannot be  
               sponsored by their partners for family-based  
               immigration.  Because of this inhumane policy,  
               thousands of same-sex binational couples are kept  
               apart, torn apart, or forced to stay together  
               illegally, with one partner in constant fear of  
               deportation.

            The Permanent Partners Immigration Act of 2003 was  
            introduced in the 108th Congress by Congressman Jerrold  
            Nadler (D-NY).  The bill currently has 123 cosponsors in  
            the House, and it has also been introduced in the Senate  
            by Senator Patrick Leahy (D-VT) with 11 cosponsors.

            The author and supporters state, and the resolution would  
                                                                       




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            find, that the United States is behind other democracies  
            in extending fair treatment in immigration policies to  
            same-sex partners, and the PPIA would bring United States  
            immigration law in line with 16 other countries that  
            currently recognize same-sex partnerships for immigration  
            purposes.

            In response to concerns that passage of the PPIA would  
            cause an influx of applications for permanent residency  
            in the United States, the author and supporters state,  
            and the resolution would find, that statistically, there  
            are a relatively low number of binational same-sex  
            couples, but that they are severely harmed by  
            discrimination and a lack of protection under current  
            immigration law.

            In response to concerns that passage of the PPIA would  
            invite fraud in immigration, the author and supporters  
            state, and the resolution would find, that data compiled  
            over two decades documents that there has not been a  
            single case of fraud perpetrated by a person or  
            partnership in any domestic partners benefit plan in the  
            United States since those benefit plans began in l982.   
            The author and supporters also point out that the PPIA  
            would provide the same restrictions, enforcement  
            standards and penalties for fraud by same-sex partners as  
            for fraud by married couples.

            In response to the argument that the people of the State  
            of California overwhelmingly stated their opposition to  
            same-sex marriage or the provision of marriage rights to  
            same-sex couples through the passage of Proposition 22  
            (Family Code Sec. 308.5 stating "Only marriage between a  
            man and a woman is valid or recognized in California"),  
            supporters state that the PPIA does not create a marriage  
            or grant marriage rights to any same-sex couple.   
            Specifically, "the PPIA does not confer upon same-sex  
            couples the 1,138 federal rights and 200-300 state  
            benefits that married couples currently enjoy.  The PPIA  
            would simply extend to same-sex couples access to the  
            same immigration benefits currently enjoyed by legal  
            spouses." 

           2.Opponents argue the PPIA and this resolution are  
            inappropriate  
                                                                       




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            In opposition, Responsible Citizens, Inc. states that  
            this resolution would ask the President and Congress "to  
            equalize gay and lesbian unions with marriage by adding  
            'permanent partners' to immigration laws" and argues that  
            "[t]here is no compelling national interest to be served  
            by this measure."

            Also in opposition, the Campaign for California Families  
            states that this resolution "attacks the respect for  
            marriage and family found in our current immigration  
            laws.  If adopted, this joint resolution encourages the  
            President and Congress to downgrade marriage by awarding  
            homosexual sex partners immigrant status on the exact  
            same level as a married husband and wife.  Our federal  
            and state government should be urged to protect marriage  
            and family, not redefine and undermine the uniqueness of  
            marriage for a man and a woman in United States  
            immigration policies."

           3.Author's amendments  

            The author will offer the following amendments in  
            Committee:

               a.     On page 2, line 14, strike out "120" and insert  
                 "123"
               b.     On page 3, line 10, strike out "15" and insert  
                 "16.
               c.     On page 3, line 12, strike out ", including,  
                 but not limited to," and insert ":"
               d.     On page 3, line 13, after "Belgium," insert  
                 "Brazil,"

           Support: AIDS Legal Referral Panel; AIDS Project Los  
                 Angeles (APLA); Anti-Defamation League; Asian  
                 Americans for Civil Rights and Equality; Asian  
                 Pacific American Legal Center of Southern  
                 California; Attorney General Bill Lockyer;  
                 California Faculty Association; California National  
                 Organization for Women; California Nurses  
                 Association; City of Los Angeles; Congress of  
                 California Seniors; Eleanor Roosevelt Democratic  
                 Club; El Cerrito Democratic Club; Equal Rights  
                 Advocates; First Presbyterian Church of Baldwin  
                                                                       




          AJR 60 (Lieber)
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                 Park; Gay & Lesbian Center, Los Angeles; Gray  
                 Panthers; Immigration Equality; KOL AMI  
                 Congregation, West Hollywood; La Mesa Community  
                 Church; Lambda Legal; Lambda Letters Project; Legal  
                 Aid Society; Love Sees No Borders; Metropolitan  
                 Community Church of Los Angeles; Metropolitan  
                 Community Church of San Francisco; Mexican American  
                 Legal Defense and Educational Fund (MALDEF);  
                 National Center for Lesbian Rights; Older Women's  
                 League of California; Our Family Coalition; Out and  
                 Equal Workplace Advocates; People For the American  
                 Way; PFLAG-Ventura County Chapter; Pioneer  
                 Congregational Church, Sacramento; Pride at Work,  
                 Southern California Regional Chapter; Sacramento  
                 City Council Member Dave Jones, District 6; San  
                 Diego Democratic Club; San Francisco AIDS  
                 Foundation; San Francisco Lesbian Gay Bisexual  
                 Transgender Community Center; Services, Immigrant  
                 Rights and Education Network (SIREN); Stonewall  
                 Democratic Club of Greater Sacramento; Transgender  
                 Law Center; Wesley United Methodist Church, Fresno;  
                 West Hollywood Presbyterian Church; numerous  
                 individuals

          Opposition:  Campaign for California Families; Responsible  
                    Citizens, Inc.

                                     HISTORY
           
          Source: Equality California

          Related Pending Legislation:  None Known 

          Prior Legislation:  None Known 

           Prior Vote:  Assembly Judiciary Committee 8-3
           Assembly Floor 42-31
          
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