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 AJR 60 (Lieber) Page 3 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 AJR 60 (Lieber) Page 4 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 AJR 60 (Lieber) Page 5 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) Page 6 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 **************