Breaking: Democratic Senator Files Immigration Reform Amendment For LGBT Bi-National Couples

Democratic Senator Patrick Leahy has just filed an amendment to the immigration reform bill that would support the rights of same-sex bi-national couples. Language in the amendment is similar to the bill Sen. Leahy was forced to withdraw during “gang of eight” negotiations in order for the immigration reform bill to move to the full Senate floor.

LOOK: Senate Democrats Cave To GOP, Sacrifice Gays, Pass Immigration Reform Out Of Committee

 

The amendment recognizes “any marriage entered into in full compliance with the laws of the State or foreign country within which such marriage was performed.” Filing the amendment does not mean Leahy, who is the Chairman of the Senate Judiciary Committee, will offer it on the floor or that it will be added to the final legislation, but it’s an important action. Of the entire immigration reform bill, officially the Border Security, Economic Opportunity, and Immigration Modernization Act, Senator Leahy said today:

“For those who argue that the Senate immigration reform bill must be undermined to conform to demands intended to appease the House Republican majority, I disagree. The Senate should pass the best bill for the economy, for our families and for our Nation.  We should do what we think is right.”

Noting the “U.S. Supreme Court may issue a ruling against DOMA as a result of pending litigation this month that would make offering the measure a moot point,” Chris Johnson at the Washington Blade reports:

Speaking on condition of anonymity, advocates said Leahy introduced the “mini-DOMA repeal” amendment — and not the one that more closely mirrored UAFA — because the former is more likely to reach the 60-vote threshold to end a filibuster on the Senate floor. Sen. Dianne Feinstein (D-Calif.), for example, voiced concerns last month about UAFA because she’s “not for just accepting affidavits.”

Lavi Soloway, a gay immigration attorney and co-founder of The DOMA Project, said the floor amendment filed by Leahy doesn’t change U.S. immigration code, but “simply removes the extrinsic barrier” caused by DOMA that prevents gay Americans from filing petitions for their spouses.

“The implication of Sen. Leahy’s focus on equality is the overarching message that our families are no different than any other American families comprised of citizens and non-citizens,” Soloway said. “We must have access to the same immigration law protections that ensure that no family is torn apart.”

 

Progressives, Democrats, an the LGBT community and allies were anguished that Leahy withdrew his amendment last month at the eleventh hour.

In his statement today, Leahy also added:

Immigration reform is an important economic issue, but it is also a civil rights issue and an issue of fundamental fairness.  If a majority of us stand together and if we stay true to our values and our agreements, I believe that we can pass legislation that will be a continuing renewal of our spirit, our creativity and vitality as a Nation and which will uphold our great traditions of compassion and humanity as a welcoming nation.  That is what I believe the Senate should do.