Sen. Leahy files amendments to include gay couples in immigration bill

Among Leahy’s amendments is one that would include the Uniting American Families Act — a bill that would create a new category of “permanent partners” to enable a U.S. citizen in a same-sex couple to sponsor a foreign partner — in the larger immigration reform legislation. This amendment had been discussed and was expected to be filed.

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A second amendment, according to a news release from Leahy’s office, “provides equal protection to lawfully married bi-national same sex couples that other spouses receive under existing immigration law.” The provision asserts that a person would be considered a married spouse under the Immigration and Nationality Act if the marriage “is valid in the state in which the marriage was entered into” or, if “entered into outside of any state,” was valid where entered into and would be valid in a state.

Lavi Soloway, an immigration rights lawyer who represents same-sex couples and co-founded The DOMA Project, told BuzzFeed the second amendment was “nothing short of a strategic master stroke.”

Explaining, he said, “It would amend the Immigration and Nationality Act so that all marriages of gay and lesbian binational couples would be recognized for immigration purposes only, thus creating the first ever ‘carve out’ or exception to DOMA under federal law.”

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