[Congressional Record Volume 151, Number 83 (Tuesday, June 21, 2005)]
[Senate]
[Pages S6917-S6919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Chafee, Mr. Kennedy, Mr. Corzine, 
        Mr. Jeffords, Mrs. Boxer, Mr. Feingold, Mrs. Murray, Mr. 
        Dayton, and Mr. Lautenberg):
  S. 1278. A bill to amend the Immigration and Nationality Act to 
provide a mechanism for United States citizens and lawful permanent 
residents to sponsor their permanent partners for residence in the 
United States, and for other purposes; to the Committee on the 
Judiciary.
  Mr. LEAHY. Today I am introducing the Uniting American Families Act. 
This legislation would allow U.S. citizens and legal permanent 
residents to petition for their foreign same-sex partners to come to 
the United States under our family immigration system. It is nearly 
identical to the Permanent Partners Immigration Act that I introduced 
in the last Congress, and which Congressman Nadler--who is introducing 
this bill in the House today--has sponsored for the last four 
Congresses. I am pleased to have Senators Chafee, Kennedy, Corzine, 
Jeffords, Boxer, Feingold, Murray, Dayton, and Lautenberg as 
cosponsors.
  Under current law, committed partners of Americans are unable to use 
the family immigration system, which accounts for about 75 percent of 
the green cards and immigrant visas granted annually by the United 
States. As a result, gay Americans who are in this situation must 
either live apart from their partners, or leave the country if they 
want to live legally and permanently with them.
  This bill rectifies that problem while retaining strong prohibitions 
against fraud. To qualify as a permanent partner, petitioners must 
prove that they are at least 18 and are in a committed, intimate 
relationship with another adult in which both parties intend a lifelong 
commitment, and are financially interdependent with one's partner. They 
must also prove that they are not married to, or in a permanent 
partnership with, anyone other than that person, and are unable to 
contract with that person a marriage cognizable under the Immigration 
and Nationality Act. Proof could include sworn affidavits from friends 
and family and documentation of financial interdependence. Penalties 
for fraud would be the same as penalties for marriage fraud--up to five 
years in prison and $250,000 in fines for the U.S. citizen partner, and 
deportation for the alien partner.
  There are Vermonters who are involved in permanent partnerships with 
foreign nationals and who have felt abandoned by our laws in this area. 
This bill would allow them--and other gay and lesbian Americans 
throughout our Nation who have come to feel that our immigration laws 
are discriminatory--to be a fuller part of our society.
  The idea that immigration benefits should be extended to same-sex 
couples has become increasingly prevalent around the world. Indeed, 
sixteen nations--Australia, Belgium, Brazil, Canada, Denmark, Finland, 
France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, 
South Africa, Sweden and the United Kingdom--recognize same-sex couples 
for immigration purposes.
  Our immigration laws treat gays and lesbians in committed 
relationships as second-class citizens, and that needs to change. It is 
the right thing to do for the people involved, it is the sensible step 
to take in the interest of having a fair and consistent policy, and I 
hope that the Senate will act.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1278

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND 
                   NATIONALITY ACT.

       (a) Short Title.--This Act may be cited as the ``Uniting 
     American Families Act'' or the ``Permanent Partners 
     Immigration Act''.
       (b) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided, whenever in this Act an 
     amendment or repeal is expressed as the amendment or repeal 
     of a section or other provision, the reference shall be 
     considered to be made to that section or provision in the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

     SEC. 2. DEFINITIONS.

       Section 101(a) (8 U.S.C. 1101(a)) is amended--
       (1) in paragraph (15)(K)(ii), by inserting ``or permanent 
     partnership'' after ``marriage''; and
       (2) by adding at the end the following:
       ``(51) The term `permanent partner' means an individual 18 
     years of age or older who--
       ``(A) is in a committed, intimate relationship with another 
     individual 18 years of age or older in which both parties 
     intend a lifelong commitment;
       ``(B) is financially interdependent with the individual 
     described in subparagraph (A);
       ``(C) is not married to or in a permanent partnership with 
     anyone other than the individual described in subparagraph 
     (A);
       ``(D) is unable to contract, with the individual described 
     in subparagraph (A), a marriage cognizable under this Act; 
     and
       ``(E) is not a first, second, or third degree blood 
     relation of the individual described in subparagraph (A).
       ``(52) The term `permanent partnership' means the 
     relationship that exists between 2 permanent partners.''.

     SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

       Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is 
     amended--
       (1) by inserting ``permanent partners,'' after 
     ``spouses,'';
       (2) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears; and
       (3) by striking ``remarries.'' and inserting ``remarries or 
     enters into a permanent partnership with another person.''.

     SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

       (a) Per Country Levels.--Section 202(a)(4) (8 U.S.C. 
     1152(a)(4)) is amended--
       (1) in the paragraph header, by inserting ``, permanent 
     partners,'' after ``spouses'';
       (2) in the header to subparagraph (A), by inserting ``, 
     permanent partners,'' after ``spouses''; and
       (3) in the header to subparagraph (C), in the heading by 
     inserting ``without permanent partners'' after ``daughters''.
       (b) Rules for Chargeability.--Section 202(b) (8 U.S.C. 
     1152(b)) is amended--

[[Page S6918]]

       (1) by striking ``except that (1)'' and inserting the 
     following: ``, except that--
       ``(1)'';
       (2) by striking ``(2) if an alien'' and inserting the 
     following:
       ``(2) if an alien'';
       (3) by striking ``his spouse'' and inserting ``the spouse 
     or permanent partner of the alien''
       (4) by inserting ``or permanent partners'' after ``husband 
     and wife'';
       (5) by striking ``the spouse he'' and inserting ``the 
     spouse or permanent partner who the alien'';
       (6) by striking ``such spouse'' and inserting ``such spouse 
     or permanent partner'';
       (7) by striking ``(3) an alien'' and inserting the 
     following:
       ``(3) an alien''; and
       (8) by striking ``(4) an alien'' and inserting the 
     following:
       ``(4) an alien''.

     SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family Members of Permanent 
     Resident Aliens and Citizens.--Section 203(a) (8 U.S.C. 
     1153(a)) is amended--
       (1) in paragraph (2), by striking ``(2)'' and all that 
     follows through ``permanent residence,'' and inserting the 
     following:
       ``(2) Spouses, permanent partners, and unmarried sons and 
     daughters without permanent partners of permanent resident 
     aliens.--Qualified immigrants who are--
       ``(A) the spouses, permanent partners, or children of an 
     alien lawfully admitted for permanent residence; or
       ``(B) the unmarried sons without permanent partners or 
     unmarried daughters without permanent partners of an alien 
     lawfully admitted for permanent residence,''; and.
       (2) in paragraph (3), by striking ``(3)'' and all that 
     follows through ``citizens'' and inserting the following:
       ``(3) Married sons and daughters of citizens and sons and 
     daughters of citizens with permanent partners.--Qualified 
     immigrants who are the married sons, married daughters, or 
     sons or daughters with permanent partners, of citizens''.
       (b) Employment Creation.--Section 203(b)(5)(A)(ii) (8 
     U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent 
     partner,'' after ``spouse,''.
       (c) Treatment of Family Members.--Section 203(d) (8 U.S.C. 
     1153(d)) is amended by inserting ``, permanent partner,'' 
     after ``spouse'' each place such term appears.

     SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

       (a) Classification Petitions.--Section 204(a)(1) (8 U.S.C. 
     1154(a)(1)) is amended--
       (1) in subparagraph (A)(ii), by inserting ``or permanent 
     partner'' after ``spouse'';
       (2) in subparagraph (A)(iii)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears; and
       (B) in subclause (I), by inserting ``or permanent 
     partnership'' after ``marriage'' each place such term 
     appears; and
       (3) in subparagraph (B)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marriage'' each place such term appears.
       (b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C. 
     1154(c)) is amended--
       (1) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears; and
       (2) by inserting ``or permanent partnership'' after 
     ``marriage'' each place such term appears.

     SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF 
                   EMERGENCY SITUATION REFUGEES.

       Section 207(c) (8 U.S.C. 1157(c)) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``, permanent partner,'' after ``spouse'' 
     each place such term appears; and
       (B) by inserting ``, permanent partner's,'' after 
     ``spouse's''; and
       (2) in paragraph (4), by inserting ``, permanent partner,'' 
     after ``spouse''.

     SEC. 8. ASYLUM.

       Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
       (1) in the paragraph header, by inserting ``or permanent 
     partner'' after ``spouse''; and
       (2) in subparagraph (A), by inserting ``, permanent 
     partner,'' after ``spouse''.

     SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

       Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by 
     inserting ``, permanent partner,'' after ``spouse''.

     SEC. 10. INADMISSIBLE ALIENS.

       (a) Classes of Aliens Ineligible for Visas or Admission.--
     Section 212(a) (8 U.S.C. 1182(a)) is amended--
       (1) in paragraph (3)(D)(iv), by inserting ``permanent 
     partner,'' after ``spouse,'' each place such term appears;
       (2) in paragraph (4)(C)(i)(I), by inserting ``, permanent 
     partner,'' after ``spouse'';
       (3) in paragraph (6)(E)(ii), by inserting ``permanent 
     partner,'' after ``spouse,'' each place such term appears; 
     and
       (4) in paragraph (9)(B)(v), by inserting ``, permanent 
     partner,'' after ``spouse'' each place such term appears.
       (b) Waivers of Inadmissibility on Humanitarian and Family 
     Unity Grounds.--Section 212(d) (8 U.S.C. 1182(d)) is 
     amended--
       (1) in paragraph (11), by inserting ``permanent partner,'' 
     after ``spouse,''; and
       (2) in paragraph (12), by inserting ``, permanent 
     partner,'' after ``spouse''.
       (c) Waivers of Inadmissibility on Health-Related Grounds.--
     Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by 
     inserting ``, permanent partner,'' after ``spouse''.
       (d) Waivers of Inadmissibility on Criminal and Related 
     Grounds.--Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is 
     amended by inserting ``permanent partner,'' after ``spouse,'' 
     each place such term appears.
       (e) Waiver of Inadmissibility for Misrepresentation.--
     Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended--
       (1) by inserting ``permanent partner,'' after ``spouse,''; 
     and
       (2) by inserting ``, permanent partner,'' after ``resident 
     spouse''.

     SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING 
                   THE AVAILABILITY OF AN IMMIGRANT VISA.

       Section 214(r) (8 U.S.C. 1184(r)) is amended--
       (1) in paragraph (1), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (2) in paragraph (2), by inserting ``or permanent 
     partnership'' after ``marriage'' each place such term 
     appears.

     SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND 
                   DAUGHTERS.

       (a) Section Heading.--
       (1) In general.--The section header for section 216 (8 
     U.S.C. 1186a) is amended by striking ``and sons'' and 
     inserting ``, permanent partners, sons,''.
       (2) Clerical amendment.--The table of contents is amended 
     by amending the item relating to section 216 to read as 
     follows:

``Sec. 216. Conditional permanent resident status for certain alien 
              spouses, permanent partners, sons, and daughters.''.

       (b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) is 
     amended--
       (1) in paragraph (1), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``or permanent 
     partner'' after ``spouse''; and
       (B) by inserting ``permanent partner,'' after ``spouse,'' 
     each place it appears.
       (c) Termination of Status if Finding That Qualifying 
     Marriage Improper.--Section 216(b) (8 U.S.C. 1186a(b)) is 
     amended--
       (1) in the subsection header, by inserting ``or Permanent 
     Partnership'' after ``Marriage'';
       (2) in paragraph (1)(A)--
       (A) in the matter preceding clause (i), by inserting ``or 
     permanent partnership'' after ``marriage''; and
       (B) by amending clause (ii) to read as follows--
       ``(ii) has been judicially annulled or terminated, or has 
     ceased to satisfy the criteria for being considered a 
     permanent partnership under this Act, other than through the 
     death of a spouse or permanent partner; or''.
       (d) Requirements of Timely Petition and Interview for 
     Removal of Condition.--Section 216(c) (8 U.S.C. 1186a(c)) is 
     amended--
       (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C), 
     (4)(B), and (4)(C), by inserting ``or permanent partner'' 
     after ``spouse'' each place such term appears; and
       (2) in paragraphs (3)(A), (3)(D), (4)(B), and (4)(C), by 
     inserting ``or permanent partnership'' after ``marriage'' 
     each place such term appears.
       (e) Contents of Petition.--Section 216(d)(1) (8 U.S.C. 
     1186a(d)(1)) is amended--
       (1) in subparagraph (A)--
       (A) in the header, by inserting ``or permanent 
     partnership'' after ``marriage'';
       (B) in clause (i)--
       (i) in the matter preceding subclause (I), by inserting 
     ``or permanent partnership'' after ``marriage'';
       (ii) in subclause (I), by adding at the end the following: 
     ``or is a permanent partnership recognized under this Act;''; 
     and
       (iii) in subclause (II)--

       (I) by inserting ``or has not ceased to satisfy the 
     criteria for being considered a permanent partnership under 
     this Act,'' after ``terminated,''; and
       (II) by striking ``, and'' and inserting ``or permanent 
     partner; and'' after ``spouse''; and

       (C) in clause (ii), by inserting ``or permanent partner'' 
     after ``spouse''; and
       (2) in subparagraph (B)(i)--
       (A) by inserting ``or permanent partnership'' after 
     ``marriage''; and
       (B) by inserting ``or permanent partner'' after ``spouse''.
       (f) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marriage'' each place such term appears;
       (2) in paragraph (2), by inserting ``or permanent 
     partnership'' after ``marriage'';
       (3) in paragraph (3), by inserting ``or permanent 
     partnership'' after ``marriage'' each place such term 
     appears; and
       (4) in paragraph (4)--
       (A) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears; and
       (B) by inserting ``or permanent partnership'' after 
     ``marriage''.

[[Page S6919]]

     SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN 
                   ALIEN ENTREPRENEURS, SPOUSES, PERMANENT 
                   PARTNERS, AND CHILDREN.

       (a) Section Heading.--
       (1) In general.--Section 216A (8 U.S.C. 1186b) is amended 
     in the heading by inserting ``PERMANENT PARTNERS,'' after 
     ``SPOUSES,''.
       (2) Clerical amendment.--The table of contents is amended 
     by amending the item relating to section 216A to read as 
     follows:

``Sec. 216A. Conditional permanent resident status for certain alien 
              entrepreneurs, spouses, permanent partners, and 
              children.''.

       (b) In General.--Section 216A(a) (8 U.S.C. 1186b(a)) is 
     amended by inserting ``or permanent partner'' after 
     ``spouse'' each place such term appears.
       (c) Termination of Status if Finding That Qualifying 
     Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C. 
     1186b(b)(1)) is amended by inserting ``or permanent partner'' 
     after ``spouse''.
       (d) Requirements of Timely Petition and Interview for 
     Removal of Condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is 
     amended by inserting ``or permanent partner'' after 
     ``spouse'' each place such term appears.
       (e) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2)) 
     is amended by inserting ``or permanent partner'' after 
     ``spouse'' each place such term appears.

     SEC. 14. DEPORTABLE ALIENS.

       (a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D)(i), by inserting ``or permanent 
     partners'' after ``spouses'' each place such term appears;
       (B) in subparagraph (E), by inserting ``permanent 
     partner,'' after ``spouse,'' each place such term appears;
       (C) in subparagraph (H)(i)(I), by inserting ``or permanent 
     partner'' after ``spouse''; and
       (D) by adding at the end the following:
       ``(I) Permanent partnership fraud.--An alien shall be 
     considered to be deportable as having procured a visa or 
     other documentation by fraud (within the meaning of section 
     212(a)(6)(C)(i)) and to be in the United States in violation 
     of this Act (within the meaning of subparagraph (B)) if--
       ``(i) the alien obtains any admission to the United States 
     with an immigrant visa or other documentation procured on the 
     basis of a permanent partnership entered into less than 2 
     years before such admission and which, not later than 2 years 
     after such admission, is terminated because the criteria for 
     permanent partnership are no longer fulfilled, unless the 
     alien establishes to the satisfaction of the Secretary of 
     Homeland Security that such permanent partnership was not 
     contracted for the purpose of evading any provisions of the 
     immigration laws; or
       ``(ii) it appears to the satisfaction of the Secretary of 
     Homeland Security that the alien has failed or refused to 
     fulfill the alien's permanent partnership which in the 
     opinion of the Secretary of Homeland Security was made for 
     the purpose of procuring the alien's admission as an 
     immigrant.'';
       (2) in paragraph (2)(E)(i), by inserting ``or permanent 
     partner'' after ``spouse'' each place such term appears; and
       (3) in paragraph (3)(C)(ii), by inserting ``or permanent 
     partner'' after ``spouse'' each place such term appears.
       (b) Technical and Conforming Amendments.--Section 237(a) (8 
     U.S.C. 1227(a)) is amended by striking ``Attorney General'' 
     each place that term appears and inserting ``Secretary of 
     Homeland Security''.

     SEC. 15. REMOVAL PROCEEDINGS.

       Section 240(e)(1) (8 U.S.C. 1229a(e)(1)) is amended by 
     inserting ``permanent partner,'' after ``spouse,''.

     SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

       Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
       (1) in paragraph (1)(D), by inserting ``permanent 
     partner,'' after ``spouse,''; and
       (2) in paragraph (2)--
       (A) in the header, by inserting ``, permanent partner,'' 
     after ``spouse''; and
       (B) in subparagraph (A), by inserting ``, permanent 
     partner,'' after ``spouse'' each place such term appears.

     SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF 
                   PERSON ADMITTED FOR PERMANENT RESIDENCE.

       (a) Prohibition on Adjustment of Status.--Section 245(d) (8 
     U.S.C. 1255(d)) is amended by inserting ``or permanent 
     partnership'' after ``marriage''.
       (b) Avoiding Immigration Fraud.--Section 245(e) (8 U.S.C. 
     1255(e)) is amended--
       (1) in paragraph (1), by inserting ``or permanent 
     partnership'' after ``marriage''; and
       (2) by adding at the end the following:
       ``(4) Paragraph (1) and section 204(g) shall not apply with 
     respect to a permanent partnership if the alien establishes 
     by clear and convincing evidence to the satisfaction of the 
     Secretary of Homeland Security that the permanent partnership 
     was entered into in good faith and in accordance with section 
     101(a)(51) and the permanent partnership was not entered into 
     for the purpose of procuring the alien's admission as an 
     immigrant and no fee or other consideration was given (other 
     than a fee or other consideration to an attorney for 
     assistance in preparation of a lawful petition) for the 
     filing of a petition under section 204(a) or 214(d) with 
     respect to the alien permanent partner. In accordance with 
     regulations, there shall be only 1 level of administrative 
     appellate review for each alien seeking relief under this 
     paragraph.''.
       (c) Adjustment of Status for Certain Aliens Paying Fee.--
     Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by 
     inserting ``, permanent partner,'' after ``spouse''.

     SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.

       Section 275(c) (8 U.S.C. 1325(c)) is amended by inserting 
     ``or permanent partnership'' after ``marriage''.

     SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER, 
                   ATTACHMENT TO THE PRINCIPLES OF THE 
                   CONSTITUTION.

       Section 316(b) (8 U.S.C. 1427(b)) is amended, in the matter 
     following paragraph (2), by inserting ``or permanent 
     partner'' after ``spouse''.

     SEC. 20. FORMER CITIZENS OF UNITED STATES REGAINING UNITED 
                   STATES CITIZENSHIP.

       Section 324(a) (8 U.S.C. 1435(a)) is amended, in the matter 
     following ``after September 22, 1922,'', by inserting ``or 
     permanent partnership'' after ``marriage'' each place such 
     term appears.

     SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT 
                   PARTNERS OF CERTAIN LIFE ACT BENEFICIARIES.

       Section 1504 of the LIFE Act Amendments of 2000 (114 Stat. 
     2763A09325) is amended--
       (1) in the section header, by inserting ``, PERMANENT 
     PARTNERS,'' after ``SPOUSES'';
       (2) in subsection (a), by inserting ``, permanent 
     partner,'' after ``spouse''; and
       (3) in subsections (b) and (c)--
       (A) in the subsection headers, by inserting ``, Permanent 
     Partners,'' after ``Spouses''; and
       (B) by inserting ``, permanent partner,'' after ``spouse'' 
     each place such term appears.
                                 ______