The bipartisan immigration bill has been voted out of the Senate Judiciary Committee and onto the full Senate, but it left behind an amendment that would have made same-sex couple eligible for family unification.
Currently, one of the better ways to become eligible for American citizenship is to have a spouse or family member sponsor an immigration application. Because of the 1996 Defense of Marriage Act, the federal government cannot consider same-sex couples to be married, even if the couple resides in a state that does.
Since the federal government is in charge of immigration policy, one member of a same-sex couple cannot sponsor their spouse. Often the spouse has no alternative but to live in the U.S. illegally. In addition, potential immigrants related to an American citizen only through a same-sex marriage are also barred.
Advocates for LGBT rights had hoped Democrats would amend the immigration bill to include protections for same-sex couples, but those hopes were dashed. Democrats spoke of making the wrenching decision, weighing the rights of same-sex couples against the likelihood that Republicans will shoot down the bill if the amendment passed.
"This is one of the most excruciatingly difficult decisions I've had to make in 30-plus years in public office. I believe and desire that this is included in the final legislation. Not to do this is rank discrimination," said Democratic Senator Charles E. Schumer of New York. He blamed Republicans for holding the bill hostage. "They've made it perfectly clear in plain words and on multiple occasions that if this provision is added to the bill they will have no choice but to abandon our collective effort, and a once-in-a-generation effort to pass comprehensive immigration reform will be finished."
Democratic senators will be able to reintroduce the amendments before the full Senate, but it is unlikely they will garner the 60 votes needed to pass. While the Supreme Court will rule on the constitutionality of DoMA sometime this year, if it is not struck down, it could be many years before the LGBT community has another opportunity to address the inequalities in the immigration system.
"It is deplorable that a small number of Senators have been able to stand in the way of progress for lesbian and gay couples torn apart by discriminatory laws," said Human Rights Campaign President Chad Griffin. "We are extremely disappointed that our allies did not put their anti-LGBT colleagues on the spot and force a vote on the measure that remains popular with the American people."