Something odd happened last month.  A U.S. Senator (Kerry – D-MA), Attorney General Holder and Homeland Security Secretary Nepolitano all united to end the forced separation of a married bi-national gay couple in Massachusetts.  This forced separation had come as a result of our arcane and outdated immigration laws.

The story that was reported is familiar to many in our community.  Basically the couple (one Brazilian and the other a U.S. citizen) married in 2005 in MA.  The marriage is of course not recognized under federal laws due to the Defense of Marriage Act (DOMA), which recognizes a marriage to be between a man and a woman.  So the Brazilian national applied for asylum claiming persecution in Brazil due to his sexual orientation.  The case was denied and eventually he had to leave the country and go back to Brazil.     

The couple was separated for 3 years…..until the Brazilian national was able to return to the U.S.  with immigration officials granting him permission to stay for one year so he could pursue his quest for legal residency in the United States.  

Senator John F. Kerry, US Attorney General Eric Holder, and Homeland Security Secretary Janet Napolitano all worked on the case which eventually granted the Brazilian national a parole states based on humanitarian grounds.  It’s important to keep in mind that less than 300 of such paroles are granted each year. 

There was an emotional reunion and the inevitable praise and love flowing back and forth between the couple and the US. Officials involved.  Kerry called the couple heroes for persevering in their marriage.

According to the 2000 US Census, some 35,000 same-sex couples include one US citizen and a partner who is not.  So my question to the Sen. Kerry, A.G. Holder, and Sec.  Nepolitano is what about the rest of us?

Maybe this is our government’s incremental step in the right direction – which would be welcomed by all of us.  However, if personal connections, donations, or any side dealings went on to get this couple reunited – it is patently unfair to the thousands of bi-national folks who have to spend their lives in hiding from the federal officials or even worse – go through devastating separations.

My message to our federal officials is clear:  It is high time for a Comprehensive Immigration Reform that includes all families, including those within our queer community.

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