Family, Unvalued Discrimination, Denial, and the Fate of Binational Same-Sex Couples under U.S. Law Copyright © 2006 Human Rights Watch/Immigration Equality All rights reserved. Printed in the United States of America ISBN: 1-56432-336-6 Cover photos: © 2006 Private Cover design by Rafael Jimenez Immigration Equality 350 West 31st Street, Suite 505 New York, NY 10001 Tel. +1 (212) 714-2904 Fax +1 (212) 714-2973 E-mail: [email protected] www.immigrationequality.org Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: 1-(212) 290-4700, Fax: 1-(212) 736-1300 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel:1-(202) 612-4321, Fax:1-(202) 612-4333 [email protected] 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: 44 20 7713 1995, Fax: 44 20 7713 1800 [email protected] Rue Van Campenhout 15, 1000 Brussels, Belgium Tel: 32 (2) 732-2009, Fax: 32 (2) 732-0471 [email protected] 9 rue Cornavin 1201 Geneva, Switzerland Tel: +41 22 738 04 81, Fax: +41 22 738 17 91 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel. +49 30 259 306 10, Fax. +49 30 259 306 29 [email protected] Web Site Address: http://www.hrw.org HUMAN RIGHTS WATCH Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. IMMIGRATION EQUALITY Immigration Equality is a national organization that works to end immigration discrimination against lesbian, gay, bisexual, transgender, and HIV-positive people. Immigration Equality provides legal services, information, and support to immigrants, activists, attorneys, and legislators. We help win asylum in the United States for those persecuted in their home country because of their sexual orientation, transgender identity, or HIV-status. Through education, outreach, advocacy, and the maintenance of a nationwide network of resources, we fight for those who are threatened by persecution or the discriminatory impact of immigration law. Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, Europe and Central Asia and the Middle East and North Africa. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in Berlin, Brussels, Geneva, London, Los Angeles, Moscow, New York, San Francisco, Tashkent, Toronto, and Washington. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, Executive Director; Michele Alexander, Development and Outreach Director; Carroll Bogert, Associate Director; Peggy Hicks, Global Advocacy Director; Iain Levine, Program Director; Dinah PoKempner, General Counsel; Aisling Reidy, Senior Legal Advisor; James Ross, Senior Legal Advisor; Joe Saunders, Deputy Program Director; and Wilder Tayler, Legal and Policy Director. The division directors of Human Rights Watch are Brad Adams, Asia; Joseph Amon, HIV/AIDS and Human Rights; Peter Bouckaert, Emergencies; Bruni Burres, International Film Festival; Holly Cartner, Europe and Central Asia; Richard Dicker, International Justice; Jamie Fellner, United States; Bill Frelick, Refugees; Arvind Ganesan, Business and Human Rights; Steve Goose, Arms; LaShawn R. Jefferson, Women’s Rights; Scott Long, Lesbian, Gay Bisexual and Transgender Rights; Joanne Mariner, Terrorism and Counterterrorism; Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Lois Whitman, Children’s Rights; and Sarah Leah Whitson, Middle East and North Africa. The advocacy directors of Human Rights Watch are Steve Crawshaw, London; Loubna Freih, Geneva; Marianne Heuwagen, Berlin; Lotte Leicht, Brussels; and Tom Malinowski, Washington, DC. The members of the board of directors are Jane Olson, Chair; James F. Hoge, Jr., Vice-Chair; Sid Sheinberg, Vice-Chair; John J. Studzinski, Vice-Chair; Omar Amanat, Lloyd Axworthy, David Brown, Jorge Castaneda, Dorothy Cullman, Edith Everett, Jonathan Fanton (Chair 1998-2003), Michael Gellert, Richard Goldstone, Vartan Gregorian, Wendy Keys, Robert Kissane, Bruce Klatsky, Joanne Leedom- Ackerman, Josh Mailman, Susan Manilow, Kati Marton, Linda Mason, Barry Meyer, Joel Motley, Samuel K. Murumba, Catherine Powell, Sigrid Rausing, Victoria Riskin, Kevin Ryan, Domna Stanton, John Taylor, and Shibley Telhami. Emeritus board members are Roland Algrant, Lisa Anderson, Robert L. Bernstein (Founding Chair 1978-1997), William D. Carmichael, Adrian W. DeWind, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Peter Osnos, Kathleen Peratis, Bruce Rabb (Secretary), Orville Schell, Gary Sick, and Malcolm B. Smith. Acknowledgements This report was written by Scott Long, director of the Lesbian, Gay, Bisexual and Transgender (LGBT) Rights Program of Human Rights Watch; Jessica Stern, researcher in the LGBT Rights Program of Human Rights Watch; and Adam Francoeur, program coordinator of Immigration Equality. Jessica Stern conducted the bulk of the interviews with assistance from Adam Francoeur and Scott Long. The report is based on research conducted between 2003 and 2006. Immigration Equality surveyed binational same-sex couples via questionnaire between March 2003 and November 2004; they received approximately 900 responses that laid the groundwork for future documentation and conceptual development. In late 2004, Human Rights Watch and Immigration Equality formally decided to collaborate on this report. Human Rights Watch and Immigration Equality conducted interviews via telephone and in-person around the United States between October 2004 and January 2006 with thirty-three binational same-sex couples. Sixteen were lesbian-identified, fifteen were gay-identified, and two had one partner who was transgender. In addition to the range of countries represented among the 900 survey respondents, the non-citizen partners among the couples interviewed were from: Argentina, Australia, the Bahamas, Belgium, Brazil, Canada, Colombia, Denmark, France, Germany, Italy, Jamaica, the Netherlands, Rwanda, Spain, Taiwan, Turkey, the United Kingdom, Uruguay, and Venezuela. Numerous people in the U.S. and in exile around the world who cannot be named for reasons of security participated in this research in invaluable ways. We give our deep thanks to the many couples and individuals we worked with on this report. At Human Rights Watch, this report was edited by Joe Saunders, deputy program director; Dinah Pokempner, general counsel; Alison Parker, senior researcher in the U.S. Program; and Jamie Fellner, director of the U.S. Program. We are grateful to our colleagues for the advice they gave us: Rebecca Schleifer, researcher in the HIV/AIDS Program; Joe Amon, director of the HIV/AIDS Program; and William Frelick, director of Refugee Policy. Andrea Holley, manager of Outreach and Public Education, provided endless support with all aspects of production. We give our deep thanks to Jessica Robertson, intern in the LGBT Rights Program, who provided critical research assistance and beyond. Lance Lattig, media editor, provided communications advice. Liba Beyer, associate director, Development and Outreach, was instrumental in developing outreach and advocacy strategies. Human Rights Watch expresses its gratitude to Henry van Ameringen, Alvin H. Baum, the David Bohnett Foundation, the David Geffen Foundation, the Gaylord and Dorothy Donnelley Foundation the Gill Foundation, James C. Hormel and Timothy Wu, the Pomegranate Foundation, Ann B. Snitow, Jeanne and Joseph Sullivan, the Tides Foundation, and Reid Williams for their ongoing support of its work on lesbian, gay, bisexual and transgender people’s rights. Immigration Equality thanks its entire office along with former staff and interns. Specifically, we thank Lavi Soloway, Jennifer Higgins, Pradeep Singla, April Herms, and Heather Betz for their advice, encouragement and work with same-sex binational couples and LGBT and HIV-positive immigrants. We also thank former interns Tara Polansky, Fadi Hanna, and Aaron Morris for their contributions to drafts of this report. We give our deep thanks to Rachel B.