Immigration: Come On America, We're Better than This!

The US Senate Judiciary Committee approved Immigration Reform Bill S. 744 by a vote of 13 to 5 the evening of May 21, 2013.  This brings a pathway to citizenship for an estimated 11 million unauthorized immigrants.  Bill S. 744 will now go before the full Senate next week.  

All Democrats voted in favor of moving Bill S. 744 out of committee, along with Republicans Orrin Hatch (R-Utah), Lindsey Graham (R- South Carolina) and Jeff Flake (R-Arizona).  

Pat Leahy (D-Vermont) withdrew his amendment which would have provided Equal Protection under immigration law to gay and lesbian couples.  It became clear that this amendment would have significantly reduced the Bill’s chances of making it to the floor.   

What is the effect of the withdrawal of this amendment? There are an estimated 40,000 same-sex couples, raising an estimated 25,000 children in the US, who are not eligible to use the US immigration process available to different-sex spouses.  

Frankie, a US citizen and pediatric physician, married Joannie, a citizen of The Netherlands and H-1B temporary visa holder in the US conducting medical research trials on medications for crack-addicted newborns, in Massachusetts in 2004.  Together, they are raising two young children of their own and living in Massachusetts.  

Joannie is worried because her H-1B temporary visa is approaching the end of its term soon and she will either have to return to The Netherlands, or find an employer who will agree to sponsor her for permanent resident status in the US.  

The couple shares the child-rearing involved with their two young children, and Frankie worries that she will not be able to maintain her pediatric practice if she must assume all of the raising of the children on her own.  The couple has been married for 9 years, and does not want to be separated.  They were hopeful that the US Senate Bill S. 744 would include them, so that Frankie would be able to file a petition for Joannie to become a permanent resident of the US.  

Frankie was born in the US, as were their children.  As a US citizen, she always thought that she was entitled to Equal Protection under our laws.  As a US citizen, she thought that she could enjoy the same pursuit of Life, Liberty and Happiness as any other US citizen, and that she would be able to marry, and live with the person with whom she fell in love.   

“We the People of the United States…”  Our Constitution was not created to protect some People, but all People of the United States.    Come on, America, we are better than this.