Tag Archives: gay immigration

Gay History – November 29, 1990: G.H.W. Bush Signs Immigration Bill Ending “Homosexuals and Other Sex Perverts” Ban

Pres. G.H.W. Bush Signs Immigration Bill Ending Gay Ban:

November 29, 1990

Well at least one Bush did something right.

When Congress overhauled the nation’s immigration laws in 1950, it was still in the grip of the McCarthy Red and Lavender Scares. Consequently, Congress banned Communists and “persons afflicted with psychopathic personality” from entering the U.S. That latter clause was added by a Senate Judiciary subcommittee with the express purpose of excluding “homosexuals and other sex perverts.” The legislation that was ultimately signed into law didn’t mention homosexuals, but the U.S. Public Health Service consistently interpreted the language to be “sufficiently broad to provide for the exclusion of homosexuals and sex perverts.” When Congress addressed immigration reform again in 1965, it added “sexual deviation” to the list of characteristics that would preclude immigration. But even then, the law didn’t single out homosexuality for exclusion, but it nevertheless remained official immigration policy even after homosexuality was removed from the American Psychiatric Association’s list of mental disorders in 1973.

The nation’s doctors may have changed their understanding of gay people, but immigration authorities did not. That change wouldn’t come about until Congress again set out to reform the nation’s immigration laws again in 1990. This time, Congress decided to lift the political litmus test which automatically barred Communists and people with other potentially controversial political views from entering the U.S., and it also specifically struck down the exclusion of entry based on sexual orientation. When President George H.W. Bush signed the bill into law, gay people, for the first time, could enter the U.S without fear of automatic exclusion if their sexuality were discovered.

The new law was supposed to go further, with a clause which was intended to eliminate the automatic exclusion of people with AIDS from immigrating. But the law contained another clause which left it up the Health and Human Services Department to determine the list of communicable diseases which would prevent travel and immigration to the U.S. That list, as of 1990, still included HIV/AIDS, thanks to an amendment added to a 1987 appropriations bill by Sen. Jesse Helms (R-NC) which required that HIV/AIDS be included on the list of excludable diseases. When public health officials tried to remove AIDS from the list, it touched off a massive political firestorm of opposition from conservatives. HHS backed down, and the HIV travel and immigration ban would remain in place as an interim policy. When HHS moved to remove AIDS from the list in 1993, Congress retaliated by approving a measure that made the HIV/AIDS immigration and travel ban law. That ban was finally lifted in 2010.

Source:  Box Turtle Bulletin

United States Citizenship and Immigration Services (USCIS) Will No Longer Deny Applications By Same Sex Couples

The Daily Beast has broken the story that it has been confirmed that the United States Citizenship and Immigration Services (USCIS) District Offices will no longer deny alien relative petitions and green card applications filed by married same-sex couples

Stop The Deportations explains:

“Instead, final decisions on these applications will be held in abeyance, i.e. put on hold. This historic first seems to be directly linked to the Obama administration’s change of position on DOMA announced on February 23. The DOMA Project welcomes the new and exciting potential this presents for married gay and lesbian couples to obtain legal status and prevent deportations of the foreign partner. However, in this new and rapidly changing legal environment, we urge attorneys and binational couples to proceed with an abundance of caution.

The significance of the “abeyance” policy is two-fold: first, it means that petitions and applications that normally would have been denied because of DOMA, will now remain in “pending” status, and second, this status will give protection and benefits to the applicant for an indefinite period. The “abeyance” policy, it is presumed, will put these cases on hold while the ultimate fate of DOMA is determined by a decision of the Supreme Court or through repeal by Congress.”

Great news. That will affect thousands of gay and lesbian married couples.  But it is a bit of a mess because of the lack of States that offer same sex marriage and the massive amounts of red tape,  but it is a bit of movement in  the right direction and we have to push harder for all inclusive alien relative petitions.  So lets not just accept this and wait.  So keep pushing for it!

We should expect to hear Huckabee, Perkins, Fischer, Gallagher and the rest of the American Taliban throwing a kiniption fit in 5….4….3….2….1……

Gay Saudi Diplomat, Ali Ahmad Asseri, Seeks Political Asylum In The United States

Gay Saudi Arabian Diplomat Ali Ahmad Asseri? , is seelkng political asylum in the United States claiming his life is in danger if he is returned to his own country.

Ali Ahmad Asseri, as saying that Saudi officials have ordered him back to his country because he is gay and had become a close friend to a Jewish woman.  Asseri, who is first secretary of the Saudi consulate in Los Angeles, was questioned by the Department of Homeland Security after he applied for asylum.

Unfortunately Ali Ahmad Asseri picked the wrong country to be safe and free.  Why would he seek asylum in another homophobic country?  He would be best off trying in Canada or the United Kingdom. 

I know I am trying.  I want out of the USA so badly.  (Still seeking immigration sponsorship in Canada, UK, Netherlands, or Sweden if anyone would like to help me out)

USA horrible please to be sane.  Horrible place to be gay.