2010-27380 ResoRESOLUTION NO. 2010-27380
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
_ OF MIAMI .BEACH, FLORIDA, EXPRESSING ITS SUPPORT. FOR THE
_ ~ ~ PASSAGE OF THE "UN'ITING AMERICAN FAMILIES ACT," THAT WILL
END DISCRIMINATICIN FOR B1-.NATIONAL SAME-SEX PARTNERS UNDER
UNITED STATES (U.S.) LMMIGRATION LAWS, AND WILL ALLOW GAY
AND 'LESBIAN RESIIDENTS -OF THE CITY FAIR AND EQUAL ACCESS TO ~ .
IMMIGRATION BENEFITS ,THROUGH THEIR PERMANENT
' PARTNERSHIPS.
WHEREAS, a driving goal under U.S.~ immigration 1aw.is family unification and the ability
. of families and individuals to rE~sde legally in the U.S., engaging fully in our country's rich civil
traditions and form of governmE~nt; and
~>
. ~ WHEREAS, the City of :Miami Beach celebrates and respects all immigrant .groups and
ali families,. including those of same-sex„gay and lesbian partners; and
. WHEREAS, current U.:~. immigration law discriminates against a U.S. citizen or lawfut
.. permanent resident and his or her~foreign-born partner, by not allowing the sponsorship of the
foreign partner. to apply for immigration benefits, although an opposite-sex couple would have
. the~right to do so; and
WHEREAS, this form , of discrimination and unfair treatment under the law. `has
.devastating and life-altering consequences for same-sex .partners;. and
. ~ ~ WHEREAS, the inabilii:y to sponsor asame-sex partner leaves the couple ,with the
following. limited options: 1) choose to remain in a costly Long-distance international relationship;
2) .choose to live abroad in the. foreign partner's country, if allowable; 3) seek a visa,
independent of the partnership, for he foreign-born partner, creating. a limited duration of legal
.stay; 4) choose to allow the foreign-born partner to remain undocumented or allow a visa to
.
lapse, creating daily uncertaint}r and fear of deportation; or 5) terminate the relationship; and
WHEREAS, the Ii'mited legal options for same-sex .partners to keep their relationship
unified exacts an enormous emotional', financial, and mental toll,. disproportionate to opposite-
sex couples in bi-national relationships; and
WHEREAS, beyond the personal challenges to same-sex couples, the City of Miami .
Beach, and .the entire country, risks a great loss of talent should the foreign. partner and/or the .
U.S. citizen .or IawfuJ permanent resident be forced to depart the U.S. to keep the relationship
~wh'ole in another.country; and
WHEREAS, currently pending in the U.S~. Congress is the "Uniting American Families -
.,Act" (H.R. 1.024/S.424), reintroduced on February 12, 2009, by Representative Jerrold Nadler
(D-NY) and Senator Patrick Leahy {D-VT); and
WHEREAS, the .,purpose of this bill- is "to amend the.. immigration and Nationality Act to
eliminate discrimination in the immigration laws by permitting permanent partners of -U.S.
citizens and lawful. permanenf residents to obtain lawful permanent resident status in the same
a .
manner as spouses of citizens and lawful permanent residents and to penalize immigration
fraud in connection with permanent partnerships"; and
WHEREAS,. the Uniting American Families Act would allow same-sex relationships to be
treated no_ differently from opposite sex relationships and all legal requirements of qualifying
under the statute and proving the good faith nature of their relationship would remain; and
WHEREAS; the Uniting American. Families Act would bring U.S. immigration law in line
with the 21 other countries that already recognize same sex partnerships for immigration
purposes: Australia, Austria, Belgium, Brazil, Canada, Czech Republic, Denmark, Finland,
France, Germany, Iceland, Israel, the Netherlands, New Zealand, Non~vay, Portugal, South
Africa, Spain, Sweden, Switzerland, and the United Kingdom; and
WHEREAS, the City of Miami Beach fully, supports the measures of Congress to allow
gay and lesbian partners to access immigration benefits in an equal and fair manner, equivalent
to opposite sex .partners who currently enjoy suchlegal rights.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Commission of the City
of Miami Beach as follows:
1) The City Commission hereby expresses its support for the passage of the
"Uniting American Families Act," or other laws ,that will end discrimination for bi-
national same-sex partners under the immigration laws, and will allow gay and
lesbian residents of the City of Miami Beach fair and equal access to immigration
benefits through their permanent partnerships.
2) For purposes of this Resolution, the term "same-sex partners" shall mean same-
. sex registered domestic partners, or same-sex partners who are married to each
other.
3) The City Commission further directs the City Clerk to transmit this Resolution to
the appropriate Florida elected. officials in the U.S. Senate and House
Representatives;; Honorable Nancy Pelosi, Speaker of the House of
Representatives; Honorable Bill .Nelson, U.S. Senator; Honorable George
LeMieux, U.S. ~-enator; Honorable Joseph Biden, Vice President of the .United
States; and the President of the United States.
PASSED and ADOPTED this ~'~~`day of ~~L» , 2010.
~, ~- - R. M Y
ATTES~TEDr~`BY:
. - ;:
CITY CLERK
r APPROVED AS TO
F:\attowGUR\RESOS-ORD\American Families Act Reso.rtf FORM & LANGUAGE.
~~ FOR EXECUTION .
,`w ~~~ ~o
City A ome Date
~~
l~/1I A I BEAD` H
OFFICE OF THE MAYOR AN`D COMMISSION
~~: ~~
_ f.~
~~ ~ `-°~° ~~~' '1vl~E~NC'ORANDUM
To: Jorge Gonzalez, city Manager
FROnn: Michael Gongora„ Commissioner
,,
SATE: April 2, 2010
suB~ecT: Discussion Item fc~r A ri 14 Commission Meetin
p g:
.~
would like to place on thE, agenda a discussion regarding a resolution in support
of the United American Families Act (UAFA, S. 424/H.R. 1024)., As you may be
. ~ aware, if an American citizen .(or legal permanent resident) falls in .love with
someone from another country, they may petition for an immigration benefit to .
' ~ ~ -bring that person to the US (green card). If you happen to be LGBT, you are
denied this basic right. Even if you get married, or enter into a civil union or
domestic partnership in any of the States or other nations that allow this,
you still cannot bring your spouse or partner to the " US.
There is a bill pending before. Congress called the Uniting American .
Families Act {UAFA,~ S. 424/H.'R, 1024) that would ,end this discrimination.
If would allow gay and lesbian Americans to sponsor their partner (or spouse);
in ..the same manner that straight couples can, along with the same penalties
. ~ for fraud. Other cities such as Los Angeles, New York, Chicago, San Francisco,
St. Louis and Seattle have passed resolutions supporting the Act. Please find
attached a sample resolution. If you .have any further questions please do not
. hesitate to contact my office at extension 6087..
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IAgenda Item ~ ~ ~
r Date ~(-~ ~(-~~ I
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_,
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Resoluton in Support of The Uniting. American Families Act
d
WHEREAS, A driving goal under U.S. immigration law is family unificatori.and the : .
ability of families and individuals to reside legally in the U.S., engaging fully in our
country'srich civil traditions and form of government; arid; ~ - -
. .-
WHEREAS, The City of Mi~~rni Beach celebrates and respects ali inungrant groups and
all familes,.includmg those cif same-sex gay and lesbian partners.;. and,
WHEREAS, Current U.S: irrungraton law discriminates against a U.S. citizen or lawful
permanent resident and his o:r her foreign-born partner by;not allowing the sponsorship of
the foreignpartner for immigration benefits; although an opposite-sex couple would have
the right to do so; and,;
s
. , . -
WHEREAS, Thls form of d,~crimination and. unfair treatment under the .law has
.devastating and life-altering. consequences for same-sex partners; and,
;WHEREAS, The inability to<.sponsor a same-sex partner .leaves the couple with the
following limited options: . ,Choose to remain in a costly long-distance international
relationship;, 2: Choose to l~.~~e abroad in the ~ foreign .partner's country, if allowable;. 3 .
'Seek. a visa, independent of the partnership; for the foreign-born partner, creating, a
:limited duration of .legal stay; 4. Choose to allow the foreign-born partner to remain
undocumented or allow a vsa,.to .lapse, creating daily uncertainty and fear of deportation;
or, ~5. Terminate -the relation~~hip; and,
WHEREAS; -The limited legal options for same-sex partners to keep their relationship .
unified exacts' and enormous Emotional, .financial,. and mental toll, disproportionate to
opposite-sex couples in bi-national relationships; and,
WHEREAS; Beyond the personal challenges to same-sex couples; the City of Miami
.Beach and the entire country risk a great loss of talent should the foreign partner andlor~
the U.S. citizen or'lawful permanent resident be forced to depart the U.S. to keep the .~
: ~ relationship .whole in another country; `and,
..
. .
,WHEREAS, Currently pending in the .United States Congress is the .Uniting American
Families Act (H.R. 1024/S.4 4),"reintroduced on February 12,2009, by Representative
. _ .
Jerrold Nadler (D-NY-8) and Senator Patrick Leahy (D=VT). -The purpose of this bill is:
"~ "to amend the Immigration and Nationality Act to eliminate discrimination in the
. -.
. ~ immigration laws by permitting permanent partners of United States citizens and lawful ~~ _
y. ~. ` ~ ~ permanent residents to obta~z lawful permanent resident status in the. same manner as
spouses, of .citizens and lawfizl permanent residents and to penalize irnrnigration fraud in
.connection with permanent partnerships"; and, ~ ~~
WHEREAS, The,Uniting American Families Act would~allow same-sex relationships to
'be treated no differently from. opposite sex .relationships and all legal .requirements of .
8
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. qualifying under'the statute and proving the good faith nature. of their relationship would
remain; and,
e~ ~ - .
WHEREAS, They Uniting American Families ;Act would bring U.S. immigration law in
-line with the 21other countries. that already recognize same sex partnerships for
immigration purposes: Austr~ ia, Austria, .Belgium, Brazil, Canada, Czech Republic,
~: Denmark, Finland, France, G~erniany, Iceland; Israel, the Netherlands, New Zealand,
Norway, Portugal; South Africa,. Spain, Sweden, Switzerland, and the United Kingdom;
- and,.
W
~_
WHEREAS, The City of Miami Beach fully supports the measures of Congress to allow
_ `~ ~ a and lesbian artners to access immi ration benefits in an e ual and fair manner,
g Y 1? g q
equivalent to opposite sex partners -who currently enjoy such legal rights;
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NOW THEREFORE BE IT ]EZESOLVED that we, the members of Miami Beach City
Council, do hereby express our strong support for the passage of the Uniting American
. ~ Families Act, or other laws that will end discrimination for bi-national same-sex partners
under the immigration laws and will allow gay and lesbian residents of the City of Miami _
Beach fair and equal access t:o immigration benefits through their permanent partnerships.. .
,,i
BE IT FURTHER RESOLVED That suitable copies of this resolution be prepared and
sent to the Miami Beach Congressional. Delegation; Honorable Nancy Pelosi; .Speaker of
. the United States¢ House of Representatives; Honorable Harry Reid, Leader of the Senate;
Honorable Bill Nelson, Unitf,d States Senator; Honorable George LeMieux, United States.
- Senator; Honorable Ileana Ros-Lehtinen, United States Representative, and Honorable ,
Joseph Biden, Vice-President of the United States and President of the United States
Senate. a
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