Update (Apr 3, 2009):
The Advocate reports that Shirley Tan has been allowed a two week reprieve from deportation after California Senators Dianne Feinstein and Barbara Boxer were both fighting to keep Tan from being sent back to the Philippines, where she was previously subjected to horrific violence.
According to the San Jose Mercury News, Tan first applied for political asylum in 1995 and thought her case was still pending, until immigration officials knocked on her door this past January. She said she was completely unaware a deportation order had been issued in 2002. Her bid for asylum failed because the threat to her life in the Philippines came from a relative - who shot her in the head when she was young over an inheritance battle - instead of from the government.
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A 43-year old woman faces likely deportation to the Philippines on Friday leaving behind her partner of 23 years and two twelve-year-old twin sons who were conceived invitro using her American partner's eggs.
Top: Shirley Tan and her twelve-year-old son Jashley Mercado. Photo from San Jose Mercury News web site. Bottom: Lawyer Melanie Nathan wrote on her blog, O-blog-dee-o-blog-da, that the picture was taken before Shirley Tan knew that she was in fact out of legal status in the USA, and the family had ''requested a visit to the White House and were apparently cleared - while there was an deportation order in effect.''
Even if it still were in effect, the federal Defense of Marriage Act prevents Mercado from sponsoring her partner of 23 years for immigration. Were the pair a married opposite-sex couple, advocates say, Tan could be legal.
The couple are both the legal parents of their boys who are US citizens. Tan now wears an ankle bracelet assigned by Immigration and Customs Enforcement agents who knocked on the front door at 6.30 am on Jan 28 this year, according to media reports.
Immigration Equality released a press statement on Mar 27 highlighting the US' discriminatory immigration laws saying: "We hope the press will generate US government interest in staying the deportation, and understanding of the need for passage of the Uniting American Families Act to stop the destruction of our families."
Immigration Equality press release:
CALIFORNIA Immigration Equality today spoke out about a California family that may soon be torn apart. Due to immigration laws that discriminate against lesbian and gay couples, Shirley Tan will likely be deported April 3, separating her from her life partner Jay Mercado, their twelve-year-old twin sons, and Jay's mother, for whom Shirley is the primary caretaker. The deportation will send Shirley back to the Philippines, where she was a victim of extreme violence.
"From the moment my sons were born we have never been apart. It's tearing me apart to have to leave without them," said Shirley.
Unlike married straight Americans, Jay cannot sponsor her life partner for immigration. The Uniting American Families Act (UAFA) would remedy this discrimination against gay and lesbian Americans and allow them to sponsor their partners for immigration. The bill, introduced by Sen. Patrick Leahy in the Senate and Rep. Jerrold Nadler in the House, has 107 additional cosponsors in the Senate and House.
Shirley and Jay are also seeking a private bill from their members of Congress for a stay of deportation, so that they can stay together in the US or have time to make plans to uproot their family and move together to another country.
"Once again a family is on the verge of being torn apart because U.S. immigration laws discriminate against gays and lesbians," said Immigration Equality Policy Director Julie Kruse. "We hope the U.S. government takes immediate steps to keep Shirley and Jay and their children and parents together, and that Congress passes the Uniting American Families Act so the destruction of our families ends."
Rep. Jackie Speier (D-CA-12) and Senator Barbara Boxer (D-CA), who represent Shirley and Jay in Congress, have cosponsored the Uniting American Families Act.
"Shirley Tan's unacceptable situation is just one example of why Congress must pass immigration equality legislation. The Uniting American Families Act, which I co-sponsored, will allow lesbian and gay Americans to sponsor their permanent partners for residency in the United States," said Rep. Jackie Speier. "In the near term, I am confident that any official who examines the facts in Shirley Tan's case will come to the conclusion that this hard-working mother of two should not be sent to a country where she has no support network and was the victim of a horrific act of violence."
Victoria Neilson, Immigration Equality's Legal Director, stated, "There may be no options for this family under existing law. How can they explain to their children that the U.S. Government does not consider them a family?"
This week, the White House issued a statement about the Uniting American Families Act, saying "[President Obama] thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country."
37 thousand couples across the nation face similar circumstances.
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There's certainly a case for Fortress America strengthening interior security, as well as facing up to the very real threats that she faces. Equally so, no country can afford to take in all and sundry, without the risk of communities and services imploding under too great a number, or the very real risk of sub cultures and second-class citizens being created.
However - and this is not simply aimed at any 'nice, middle-class' woman or anything - it's pretty probable that the area and community she's in can indeed sustain her, without overburdening the area. Justice is blind, and the Law must be applied equally to all. However, the Spirit of the law is always, always more important than the Letter of the law, in any case, and it is more important to be 'Fair', than to be 'Right'.
Let her stay!
Updares strating tomorrow will appear at www.oblogdeeoblogda.wordpress.com
thanks, Melanie Nathan, PR and Spokesperson for the Family.
In an era when heterosexual relationships are falling apart and children of heterosexual parents are being shuttled between parents, other carers and foster homes, here is a model example of what a family CAN be. And the homophobes do not want that. All they want is to "prove" that gay relationships are about "animal sex" and "pedophilia". Such examples of stable and loving gay families would negate their propaganda of hate, and therefore such families must be destroyed. Who cares about the kids? Family First?
This is an important reason why all gay people everywhere must unite and fight against this deportation. Don't let them get away with successfully building their "gays are nothing but animal sex lovers and pedophiles" picture. Do whatever you can, wherever you are.
SHAME on them who value an abstracted concept of marriage more than tangible familial ties between two loving people.
Once again I am painfully reminded of the regression of our movement and its significance - we cannot be complacent!
I'm not making little of her plight - not at all - but just assuming that they're following standard immigration policy of kicking out illegal aliens, whether a long-term citizen or not.
Either way, it's still a pretty ropy decision, and especially as there are children involved. But, as anyone who's ever had to deal with some steely-eyed immigration gobshite when simply trying to take a holiday in the States knows - and even my American boss says she has a hard time sometimes trying to get back into her own country to see her mum, who has dementia - the US justice and immigration system doesn't give a damn about any human rights or human compassion.
Unless there's a judicial review or order made, if they want to deport her (and completely irrelevantly of being a lesbian, although, yes, being afforded the same and equal rights as a heterosexual partner Should protect her) - she's Gone...
Ms. Tan knew that US laws do not recognize gay/lesbian partnerships as a means of "naturalizing." To imply that she was singled out because of her sexual preferences is baseless based on the information provided in the article.
But I guess, because of the Bush legislation, that might not help at federal level, except for it being easier for people to show the relationship is long term if the immigration law changes.
But if this President has indicated that the immigration law is going to be changed so as not to force a split up of such families, then surely any deportation should be put on hold in the meantime, pending possible revalidation of those marriages, and the passing of the new legislation. Doesn't the President or Secretary of State have a discretionary power to stay the deportation?
If they were straight, Jay would have been able to sponsor Shirley's immigration.
As such the immigration laws discriminate against the GLBT community.
As such they are working towards immigration equality legislation.
The editor tried to rope in the gay marriage issue: ie They suffer from inequality because their marriage was voided. (which doesn't have any direct r/s to the plight they are in since immigration laws apparently work independantly, but of course if one were to speculate, the passing of immigration equality legislation is probably what comes after legalising gay marriage)
The editor did miss out one little detail, regarding how her attorney did not inform her of her alien status because he/she (supposedly) was trying to cover up for a mistake she made - read o-blog-dee-o-blog-da for details, resulting in a very Changeling-hostile confrontation which was probably unavoidable (hostile or not).
I'm all for deporting foreign crinimals or dangerous people back to their homeland, but don't agree with kicking out people whose only real 'crime' is to be illegal - and I'm especially infuriated with the several cases (here in Ireland, 'land of a thousand welcomes') of people coming here as little children, growing up in Ireland, then turning 18 and Bingo! They're put on a plane to be sent to the other side of the world to some country where they don't know anyone and don't speak the language, because they're not legal here.
Boooo... Deporting these Nobodies just doesn't seem right...
They have gotten a stay of deportation till 22nd April.
Read the o-blog-dee-o-blog-da for the latest details.
To vercoda : Yep I totally agree. Deportation is just another example of how rights are still not universal, but simply a politicised state/nation issue. ie. You have the right to live (footnote scribbled in font 2 : "but only in your country").
California (and even New York, Jersey, Hampshire, Vermont) will buckle eventually with all the constant lobbying to overturn Prop 8. With the newest victory in Iowa, it's only a matter of time. They can then move back once the California Supreme Court sort out their mess again.
Godspeed and patience! Good luck!
I would expect so, authorities generally have to be satisfied the marriage is genuine and not just for immigration. As her 23 year lesbian relationship is well known, I think they might be a bit suspicious! ;)
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