BILL ANALYSIS
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THIRD READING
Bill No: AJR 15
Author: De Leon (D), et al
Amended: 6/15/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 6/10/10
AYES: Corbett, Hancock, Leno
NOES: Harman, Walters
ASSEMBLY FLOOR : 45-29, 9/8/09 - See last page for vote
SUBJECT : Uniting American Families Act
SOURCE : Asian Americans for Civil Rights and Equality
California
DIGEST : This resolution urges the Congress of the United
States to include the Reuniting Families Act and the
Uniting American Families Act in comprehensive immigration
reform or to pass, and President Obama to sign, the Uniting
American Families Act as stand-alone legislation and
support the removal of legal barriers to immigration by
permanent same-sex partners.
ANALYSIS : This resolution asserts that the principle of
family unification is an unassailable characteristic of our
immigration system under which legal permanent residents
and U.S. citizens should be able to sponsor their loved
ones for immigration status.
CONTINUED
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This resolution states that federal law does not currently
recognize permanent same-sex partners as family members for
immigration purposes, including same-sex partners that are
married or recognized as married in other states, resulting
in thousands of U.S. citizens being forced overseas to be
with foreign-born partners, causing them unnecessary
hardship and separation from U.S. family members and
careers.
This resolution states that United American Families Act
(UAFA), introduced in Congress by Senator Patrick Leahy and
Representative Jerrold Nadler, seeks to amend the
Immigration and Nationality Act to allow U.S. citizens and
legal permanent residents to sponsor same-sex partners for
immigration. This resolution further notes that the UAFA
has 123 cosponsors in the U.S. House of Representatives and
23 cosponsors in the U.S. Senate.
This resolution states that the Reuniting Families Act
(RFA), introduced in Congress by Representative Mike Honda,
incorporates the UAFA as part of a broad family immigration
bill that will overcome many barriers to family
reunification in current immigration law.
This resolution recites the definition of "permanent
partner" as specified by the UAFA.
This resolution asserts that binational same-sex partners,
while relatively low in number, are severely harmed by
discrimination and the lack of protection under current
immigration law, and that data does not indicate any fraud
perpetuated by persons or partnerships in domestic partners
benefit plans in the U.S. since such benefit plans began in
1982.
This resolution states that the UAFA would bring federal
immigration law in line with 19 other countries that
currently recognize same-sex partnerships for immigration
purposes.
This resolution memorializes the Legislature to urge
Congress to include the RFA and the UAFA in comprehensive
immigration reform, or alternatively, to pass, and the
President to sign, the UAFA as stand-alone legislation at
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the earliest possible date to remove legal barriers to
immigration by permanent same-sex partners.
Background
On February 12, 2009, the UAFA was introduced in the 111th
Congress by Senator Patrick Leahy (D-VT) in the Senate (S.
424) and Representative Jerrold Nadler (D-NY) in the House
(H.R. 1024). In addition, on June 4, 2009, Representative
Mike Honda (D-CA) introduced the RFA (H.R. 2709), which
includes UAFA as one component of a larger immigration
reform package.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 6/15/10)
Asian Americans for Civil Rights and Equality California
(source)
Anti-Defamation League
Asian Pacific American Legal Center of Southern California
Asian Communities for Reproductive Justice
California Communities United Institute
City of West Hollywood
Dolores Street Community Services
Inland Counties Stonewall Democrats
Lavender Youth Recreation and Information Center
Los Portales Pharmacy
Love Exiles Foundation
Marriage Equality USA
National Center for Lesbian Rights
Our Family Coalition
Out4Immigration
Planned Parenthood Affiliates of California
San Francisco Lesbian Gay Bisexual Transgender Community
Center
Stonewall Democratic Club of Sacramento
The Women's Building
OPPOSITION : (Verified 6/15/10)
Capitol Family Resource Impact
ARGUMENTS IN SUPPORT : The author's office states, "The
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federal Uniting American Families Act (UAFA) would amend
the Immigration and Nationality Act to add same-sex
"permanent partners" to the list of family members that a
U.S. citizen or legal resident could sponsor for
immigration.
"Since current law does not allow gay and lesbian Americans
and permanent residents to sponsor their foreign-born
partners for legal residency, they cannot access the family
immigration system for green cards and immigrant visas.
Because of this inequity, thousands of lesbian and gay
bi-national couples are kept apart, torn apart, or forced
to stay together illegally, with one partner living in
constant fear of deportation."
According to supporters of the resolution, the United
States is behind other democracies in extending fair
treatment in immigration policies to same-sex partners in
binational relationships, and the UAFA would bring U.S.
immigration law in line with at least 19 other countries
that currently recognize same-sex partnerships for
immigration purposes, including, but not limited to,
Australia, Belgium, Brazil, Canada, Denmark, Finland,
France, Germany, Iceland, Israel, the Netherlands, New
Zealand, Norway, Portugal, South Africa, Spain, Sweden,
Switzerland, and the United Kingdom.
ARGUMENTS IN OPPOSITION : This resolution is opposed by
Capitol Resource Family Impact (CRFI), CRFI believes that
the UAFA undermines the federal Defense of Marriage Act
protecting traditional marriage by seeking to make an
exception to the rule that marriage can only be between one
man and one woman.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Chesbro, Coto, De La Torre, De Leon,
Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani,
Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, John A. Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
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Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,
Fletcher, Fuller, Gaines, Garrick, Gilmore, Hagman,
Harkey, Jeffries, Knight, Logue, Miller, Nestande,
Niello, Nielsen, Silva, Smyth, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Caballero, Charles Calderon, Carter,
Davis, V. Manuel Perez, Vacancy
RJG:do 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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